Modifications etc. (not altering text)
C1Sch. 5 restricted (1.8.1994) by S.I. 1994/1774, reg. 43(7)
14(1)A sale in pursuance of a summary warrant shall be by public auction.S
(2)A sale in pursuance of a summary warrant shall not be held in a dwellinghouse except with the consent in writing, in a form to be prescribed by Act of Sederunt, of the occupier thereof and, if he is not the occupier, of the debtor.
(3)Subject to sub-paragraph (4) below, the sale shall not be held in premises (other than a dwellinghouse or an auction room) which are occupied by a person other than the debtor or the creditor except with the consent in writing, in a form to be prescribed by Act of Sederunt, of the occupier thereof.
(4)Where the occupier of premises (other than a dwellinghouse or an auction room) where poinded articles are situated does not give his consent under sub-paragraph (3) above to the holding of the sale in those premises, the sheriff may, if on an application by the creditor or the sheriff officer he considers that it would be unduly costly to require the removal of the poinded articles to other premises for sale, nevertheless order that the sale shall be held in the premises where they are situated.
(5)The decision of the sheriff under sub-paragraph (4) above shall not be subject to appeal.
(6)In this paragraph “occupier”, in relation to premises where there are 2 or more occupiers, means each of them.