Certain proceedings under this Schedule to postpone further steps in the diligenceS
23(1)Where an application under any of the provisions of this Schedule listed in sub-paragraph (2) below has been made—S
(a)it shall be not be competent during a relevant period to remove the poinded articles for sale or to hold a sale;
(b)a relevant period shall be disregarded in calculating the period on the expiry of which the poinding ceases to have effect under paragraph 11 above.
(2)The provisions referred to in sub-paragraph (1) above are—
(a)paragraph 1(4), 7(1), 21(2) or 22(3) (release of poinded articles);
(b)paragraph 8(1) or (3) (invalidity, cessation or recall of poinding);
(c)paragraph 10(1) (sist of proceedings in poinding of mobile homes);
(d)paragraph 12(4) (restoration of articles removed without consent or authority);
(e)paragraph 12(5) (recall of order under paragraph 12(4)).
(3)In sub-paragraph (1) 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.