SCHEDULES
F1 SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS
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.
Sch. 5 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(d) (with ss. 59, 63)