SCHEDULES

F1 SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS

Annotations:
Amendments (Textual)

Articles belonging to third parties or in common ownership

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—

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.