SCHEDULE 5POINDINGS 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.