Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988

Reports of execution of poindings

15.—(1) A report under section 22(1) of the Act by an officer of court of the execution of a poinding shall be in form 9 and shall state—

(a) the court which granted the original decree and the date of that decree, or details of the document upon which the poinding proceeded, and the date of any charge;

(b) that he did, before executing the poinding—

(i) exhibit to any person present the warrant to poind and the certificate of execution of charge;

(ii) demand payment of the sum recoverable from the debtor, if he was present, or any person present appearing to the officer to be authorised to act for the debtor; and

(iii) make enquiry of any person present as to the ownership of the articles proposed to be poinded, and in particular whether there were any persons who own any article in common with the debtor;

(c) if appropriate, that he informed the debtor of his right to redeem poinded articles, and whether any articles have been redeemed;

(d) if appropriate, that he informed any person present who owns any poinded article in common with the debtor of his right to redeem poinded articles;

(e) if appropriate, that he informed the debtor and any person present who owns any poinded article in common with the debtor, or who is in possession of the poinded article, of his right to apply for an order releasing articles from poinding under section 16(4), 23(1) or 41(3)(b) of the Act;

(f) whether he has carried out any of the actions mentioned in section 20(7) of the Act;

(g) the articles poinded and their respective values;

(h) the sum due by the debtor, including the fees, mileage charges or outlays which have been incurred in serving the charge and executing the poinding, and the amount of each; and

(i) in the case of a further or second poinding, the circumstances justifying the poinding.

(2) A report to which paragraph (1) of this rule applies shall be retained by the sheriff clerk.

(3) An application by an officer of court under section 22(1) of the Act to extend the time for lodging a report shall be made by endorsing a minute to that effect on the extract decree or other document upon which the poinding has proceeded stating the reasons for seeking the extension; and the terms of the sheriffs decision shall be endorsed on the extract decree or other document, as the case may be, and may be authenticated by the sheriff clerk.