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Debtors (Scotland) Act 1987
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- UK Public General Acts
- 1987 c. 18
- SCHEDULE 5
- Alteration of arrangements for...
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Changes over time for: Cross Heading: Alteration of arrangements for sale
Version Superseded: 30/12/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1992
Point in time - 30/12/2002- Amendment
Status:
Point in time view as at 01/07/1992.
Changes to legislation:
Debtors (Scotland) Act 1987, Cross Heading: Alteration of arrangements for sale is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Alteration of arrangements for saleS
17(1)Subject to sub-paragraph (2) below and without prejudice to sub-paragraph (5) below, after intimation has been given under paragraph 16(1) above to the debtor of the date arranged for the sale or for the removal for sale of the poinded articles from the premises where they are situated, the creditor or sheriff officer shall not be entitled to arrange a new date for the sale or for such removal.S
(2)Where, for any reason for which neither the creditor nor the sheriff officer is responsible, it is not possible for the sale or, as the case may be, the removal for sale of the poinded articles from the premises where they are situated, to take place on the date arranged for it, the creditor may instruct the sheriff officer to arrange a new date in accordance with sub-paragraph (3) below, and the sheriff officer shall intimate the new date to the debtor and to any other person in possession of the poinded articles.
(3)The new date arranged under sub-paragraph (2) above shall not be less than 7 days after the date of intimation under that sub-paragraph.
(4)Without prejudice to sub-paragraph (2) above, in order to enable the sum recoverable to be paid by instalments or otherwise in accordance with an agreement between the creditor and the debtor, the creditor may, after intimation has been given under paragraph 16 above of the date arranged for the sale, cancel the arrangements for the sale on not more than 2 occasions.
(5)Where, following cancellation of the sale in pursuance of sub-paragraph (4) above, the debtor is in breach of the agreement, the creditor may instruct the sheriff officer to make arrangements for the sale of the poinded articles at any time while they remain poinded.
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