Debtors (Scotland) Act 1987

5 (1) The procedure in a poinding shall be in accordance with this paragraph and paragraph 6 below. S

(2) Before executing the poinding, the sheriff officer shall—

(a) exhibit to any person present the summary warrant or, if the warrant does not identify the debtor, a certified copy of the warrant together with a statement certified by the creditor that the summary warrant applies to the debtor;

(b) demand payment of the sum recoverable from the debtor, if he is present, or any person present appearing to the sheriff officer to be authorised to act for the debtor; and

(c) make enquiry of any person present as to the ownership of the articles proposed to be poinded, and in particular whether there are any persons who own any articles in common with the debtor.

(3) The sheriff officer shall be accompanied at the poinding by one witness.

(4) The poinded articles shall be valued by the sheriff officer according to the price which they would be likely to fetch if sold on the open market unless he considers that the articles are such that a valuation by a professional valuer or other suitably skilled person is advisable, in which case he may arrange for such a valuation.

(5) The sheriff officer shall prepare a schedule (referred to in this Schedule as “the poinding schedule”), in the form prescribed by Act of Sederunt, which shall specify—

(a) the identity of the creditor and of the debtor;

(b) the articles poinded, and their respective values;

(c) the sum recoverable; and

(d) the place where the poinding was executed.

(6) On completion of the valuation the sheriff officer shall—

(a) along with the witness sign the poinding schedule;

(b) deliver the poinding schedule to any person in possession of the articles or—

(i) where the poinding was executed in a dwellinghouse or other premises, leave it in the premises; or

(ii) in any other case, deliver it to premises occupied by that person;

(c) if the person in possession of the articles is not the debtor and it is reasonably practicable, serve a copy of it by post on the debtor;

(d) inform the debtor (if present) of his right to redeem poinded articles under paragraph 6(4) below;

(e) inform any person present who owns any poinded article in common with the debtor of his right to redeem poinded articles under paragraph 22(2) and (3) below; and

(f) inform the debtor (if present) and any person present who owns any poinded article in common with the debtor, or who is in possession of any poinded article, of his right to apply for an order releasing articles from poinding under paragraph 1(4) above or paragraph 7(1) or 22(3)(b) below.

(7) The sheriff officer shall leave poinded articles at the place where they were poinded, except that where that place is not a dwellinghouse or other premises, if he considers it necessary for their security or the preservation of their value and there is insufficient time to obtain an order under paragraph 6(1)(a) below, he shall remove them at the creditor’s expense—

(a) to the nearest convenient premises belonging to the debtor or to the person in possession of the articles; or

(b) if no such premises are available, to the nearest suitable secure premises.

Textual Amendments

F1 Sch. 5 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(d) (with ss. 59, 63)