Section 43 — Property (Relationships) Act 1976: Dispositions may be restrained

43 Dispositions may be restrained (1) Where it appears to the High Court or a District Court or a Family Court that any disposition of property is about to be made, whether for value or not, by or on behalf of or by direction of or in the interests of any person in order to defeat the claim or rights of any other person ( party B ) under this Act, the Court may, on such notice being given as the Court may direct, by order restrain the making of the disposition or may order any proceeds of the disposition to be paid into Court to be dealt with as the Court directs. (1A) The Court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative. (2) Any disposition made after an order of the Court under subsection (1) of this section restraining the making of the disposition has been served on or come to the notice of the person disposing of the property, or any auctioneer, agent, or lawyer acting in connection with the disposition, shall be void, and the Court may consider any claim of any person interested and may make such order as it thinks just. Compare: 1963 No 71 s 80 Subsection (1) was amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the words “ the High Court or a District Court or a Family Court ” for the words “ Magistrate's Court or the Supreme Court ” . Subsection (1) was further amended, as from 1 February 2002, by section 49(1)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the words “ any other person ” , the expression “ ( party B ) ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 1 February 2002, by section 49(1)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by omitting the words “ on the application of that second-named person and ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1A) was inserted, as from 1 February 2002, by section 49(2) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (2) was amended, as from 1 February 2002, by section 49(3) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ lawyer ” for the word “ solicitor ” . See Part 9 of this Act as to the transitional and saving provisions.