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Debtors (Scotland) Act 1987
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Changes to legislation:
Debtors (Scotland) Act 1987, Paragraph 21 is up to date with all changes known to be in force on or before 23 January 2025. 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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Changes and effects yet to be applied to Schedule 5 Paragraph 21:
- s. 8(1)(d) (e) substituted for s. 8(1)(d) by 2007 asp 3 Sch. 5 para. 16(7)(a)(v)
- s. 70(3)-(3D) substituted for s. 70(3) by 2024 asp 9 s. 16(2)(a)
- s. 70A(1A)(2) substituted for s. 70A(2) by 2024 asp 9 s. 16(3)(b)
- s. 70A(5A) inserted by 2024 asp 9 s. 16(3)(f)
- s. 70A(7) inserted by 2024 asp 9 s. 16(3)(h)
- s. 70B(A1) inserted by 2024 asp 9 s. 16(4)(a)
- s. 70B(1)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 16(4)(b)
- s. 70B(4) inserted by 2024 asp 9 s. 16(4)(e)
- s. 73G(4)(c) inserted by 2024 asp 9 s. 14(3)(b)
- s. 73H(5) inserted by 2024 asp 9 s. 14(4)(b)
- s. 73U inserted by 2024 asp 9 s. 15(5)
- s. 73CA inserted by 2024 asp 9 s. 14(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 8(1)(d) (e) substituted for s. 8(1)(d) by 2007 asp 3 Sch. 5 para. 16(7)(a)(v)
- s. 70(3)-(3D) substituted for s. 70(3) by 2024 asp 9 s. 16(2)(a)
- s. 70A(1A)(2) substituted for s. 70A(2) by 2024 asp 9 s. 16(3)(b)
- s. 70A(5A) inserted by 2024 asp 9 s. 16(3)(f)
- s. 70A(7) inserted by 2024 asp 9 s. 16(3)(h)
- s. 70B(A1) inserted by 2024 asp 9 s. 16(4)(a)
- s. 70B(1)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 16(4)(b)
- s. 70B(4) inserted by 2024 asp 9 s. 16(4)(e)
- s. 73G(4)(c) inserted by 2024 asp 9 s. 14(3)(b)
- s. 73H(5) inserted by 2024 asp 9 s. 14(4)(b)
- s. 73U inserted by 2024 asp 9 s. 15(5)
- s. 73CA inserted by 2024 asp 9 s. 14(2)
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.
Textual Amendments
F1Sch. 5 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(d) (with ss. 59, 63)
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