SCHEDULES
F1 SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS
Intimation and publication of sale
16
1
The sheriff officer who makes arrangements for the sale of the poinded articles shall—
a
as soon as is reasonably practicable intimate to the debtor and, if the person in possession of the poinded articles is not the debtor, to that person, the date and place arranged for the sale; and
b
where the sale is not to be held in the premises where the poinded articles are situated, intimate to the debtor and, if he is not the debtor, to the person in possession of the poinded articles, not less than 14 days before the date arranged for the removal of the poinded articles from those premises, the date arranged for the removal.
2
The sheriff officer shall, at the same time as he intimates the date arranged for the sale under sub-paragraph (1) above, send such particulars of the arrangements for the sale as are prescribed by Act of Sederunt to the sheriff clerk of the sheriff court within whose jurisdiction the articles were poinded; and the sheriff clerk shall arrange for those particulars to be displayed on the walls of court.
3
The sale shall be advertised by public notice.
4
Where the sale is to be held in premises not belonging to the debtor, the public notice under sub-paragraph (3) above shall not name him or disclose that the articles for sale are poinded articles.
5
Where the sale is to be held in premises other than the debtor’s premises or an auction room, any public notice of the sale shall state that the articles to be sold do not belong to the occupier of the premises where the sale is to be held.
Sch. 5 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(d) (with ss. 59, 63)