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Debtors (Scotland) Act 1987
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Changes over time for: Paragraph 15
Version Superseded: 30/12/2002
Alternative versions:
- 01/02/1991- Amendment
- 19/11/1998
Point in time - Stop date 30/12/2002- Amendment
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Point in time view as at 19/11/1998.
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Debtors (Scotland) Act 1987, Paragraph 15 is up to date with all changes known to be in force on or before 14 November 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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15(1)Where a sale of poinded articles is to be held in premises other than where the poinded articles are situated, the sheriff officer may remove to those premises only such poinded articles as, if sold at their values fixed under paragraph 5(4) above, would realise in total the sum recoverable and the likely expenses chargeable against the debtor under paragraphs 25 to 34 below; and shall release the remaining poinded articles from the poinding.S
(2)Subject to paragraph 6(1) above, the debtor may, within 7 days after the date when intimation is given to him under paragraph 16 below of the date arranged for the removal of the poinded articles for sale or, if the articles are to be sold in the premises where they are situated, the date arranged for the sale, redeem any poinded article by paying to the officer of court a sum equal to its value fixed under paragraph 5(4) above.
(3)The sheriff officer shall, on receiving payment from the debtor under sub-paragraph (2) above, grant a receipt in the form prescribed by Act of Sederunt to the debtor; and the receipt shall operate as a release of the article from the poinding.
(4)The creditor and the debtor may by agreement release articles from the poinding.
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