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Debtors (Scotland) Act 1987
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- UK Public General Acts
- 1987 c. 18
- SCHEDULE 5
- Value of articles which...
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Changes over time for: Cross Heading: Value of articles which may be poinded and presumption as to ownership
Version Superseded: 30/12/2002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Point in time view as at 01/07/1992.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: Value of articles which may be poinded and presumption as to ownership is up to date with all changes known to be in force on or before 23 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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Value of articles which may be poinded and presumption as to ownershipS
4(1)The sheriff officer shall be entitled to poind articles only to the extent necessary to ensure that the sum recoverable and the likely expenses chargeable against the debtor under paragraphs 25 to 34 below would be realised if they were sold at the value fixed under paragraph 5(4) below.S
(2)In executing a poinding, a sheriff officer shall be entitled to proceed on the assumption that any article in the possession of the debtor is owned by him unless the sheriff officer knows or ought to know that the contrary is the case.
(3)The sheriff officer shall not be precluded from relying on the assumption mentioned in sub-paragraph (2) above by reason only of one or both of the following circumstances—
(a)that the article belongs to a class which is commonly held under a hire, hire-purchase or conditional sale agreement or on some other limited title of possession;
(b)that an assertion has been made that the article is not owned by the debtor.
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