Modifications etc. (not altering text)
C1Sch. 5 restricted (1.8.1994) by S.I. 1994/1774, reg. 43(7)
21(1)A sheriff officer may, at any time after the execution of a poinding and before the sale of the poinded articles, release an article from the poinding if—S
(a)he is satisfied that the article belongs to a third party; and
(b)the debtor or other person in possession of the article does not deny that it belongs to the third party.
(2)Where, on an application made to him by a third party, at any time after the execution of a poinding and before the sale of the poinded articles, the sheriff is satisfied that a poinded article belongs to that third party, he shall make an order releasing it from the poinding.
(3)The making of an application under sub-paragraph (2) above shall not prejudice the taking of any other proceedings by the third party for the recovery of a poinded article belonging to him, and an order of the sheriff under that sub-paragraph shall not be binding in any other proceedings.
(4)Where an article has been released from a poinding under this paragraph, a sheriff officer may, notwithstanding paragraph 9 above, poind other articles belonging to the debtor in the same premises.