Debtors (Scotland) Act 1987

Expenses chargeable against the debtor S

Textual Amendments

F1 Sch. 5 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(d) (with ss. 59, 63)

25 (1) Subject to paragraphs 26 to 29 below, there shall be chargeable against the debtor any expenses incurred— S

(a) in serving a notice under paragraph 3 above before entering a dwellinghouse for the purpose of executing a poinding;

(b) in executing a poinding under paragraph 5 above;

(c) in granting a receipt under sub-paragraph (5) of paragraph 6 above for payment for redemption under sub-paragraph (4) thereof;

(d) in granting a receipt under paragraph 15(3) above for payment for the redemption of any poinded article;

(e) in making intimation, sending particulars of the arrangements for the sale to the sheriff clerk and giving public notice under paragraph 16 above;

(f) in removing any poinded articles for sale;

(g) in making arrangements for and conducting a sale;

(h) where the arrangements for a sale have been cancelled under paragraph 17(4) above, in returning poinded articles to any premises from which they have been removed for sale;

(j) in making a report of sale under paragraph 20 above;

(k) in granting a receipt under paragraph 22(4) above for payment for the release from a poinding of any article which is owned in common;

(l) in opening shut and lockfast places in the execution of the diligence;

(m) by a solicitor in instructing a sheriff officer to take any of the steps specified in this sub-paragraph.

(2) The Lord Advocate may by regulations add to, delete or vary any of the steps specified in sub-paragraph (1) above.

26 S Where arrangements for a sale are cancelled under sub-paragraph (4) of paragraph 17 above, if new arrangements are made for the sale in the circumstances mentioned in sub-paragraph (5) thereof, there shall be chargeable against the debtor the expenses incurred in the making of the new arrangements but not in the making of the arrangements which have been cancelled.

27 S Subject to paragraph 28 below, where any such further poinding as is mentioned in paragraph 12(2) above has been executed, there shall be chargeable against the debtor the expenses incurred in that poinding but not the expenses incurred in the original poinding.

28 S Where any such further poinding as is mentioned in sub-paragraph (2) of paragraph 12 above has been executed and—

(a) the creditor has, as a condition of his consenting to the removal of the poinded articles under sub-paragraph (1)(a) of that paragraph, required the debtor to undertake liability for the expenses incurred in the original poinding; or

(b) the sheriff has, when authorising the removal of the poinded articles under sub-paragraph (1)(b) of that paragraph, directed that the debtor shall be liable for those expenses,

there shall be chargeable against the debtor the expenses incurred in both poindings.

29 S Where a new date is arranged under paragraph 17(2) above for the holding of a sale or for the removal of poinded articles for sale, there shall be chargeable against the debtor the expenses incurred in connection with arranging the new date but not those incurred in connection with arranging the original date.