F1PART II POINDINGS AND WARRANT SALES
Supplementary
42 Certain proceedings under Part II to postpone further steps in the diligence.
1
Where an application under any of the provisions of this Act listed in subsection (3) below has been made, it shall be not be competent during a relevant period to grant a warrant of sale in respect of the poinded articles, to remove them for sale or to hold a warrant sale.
2
Where subsection (1) above applies, a relevant period shall be disregarded in calculating—
a
the period within which a warrant sale is required to be held under section 31(2)(b) of this Act; or
b
the period on the expiry of which the poinding ceases to have effect under section 27 of this Act.
3
The provisions referred to in subsection (1) above are—
a
section 16(4), 23(1), 40(2) or 41(3) (release of poinded articles);
b
section 24(1) or (3) (invalidity, cessation or recall of poinding);
c
section 26(1) (sist of proceedings in poinding of mobile homes);
d
section 28(4) (restoration of articles removed without consent or authority);
e
section 28(5) (recall of order under section 28(4)).
4
In subsections (1) and (2) above “a relevant period” means—
a
the period while the application is pending;
b
where the application has been disposed of by the sheriff—
i
the period during which an application for leave to appeal may be made;
ii
where an application for leave to appeal is made, the period until leave has been refused or the application has been abandoned;
iii
where leave to appeal has been granted, the period during which an appeal may be made; or
iv
where an appeal against the decision is made, the period until the matter has been finally determined or the appeal has been abandoned.
Part II (ss. 16-45) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(a) (with ss. 59, 63)