SCHEDULES
C1SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS
Poinding procedure
6
1
The sheriff, on an application by the creditor, the sheriff officer or the debtor intimated in accordance with sub-paragraph (2) below, may at any time after the execution of a poinding make an order—
a
for the security of any of the poinded articles; or
b
in relation to any of the articles which are of a perishable nature or which are likely to deteriorate substantially and rapidly in condition or value, for their immediate disposal and, in the event of their disposal by sale, for payment of the proceeds of sale to the creditor or for consignation of the proceeds in court until the diligence is completed or otherwise ceases to have effect,
and a decision of the sheriff under paragraph (b) above for the immediate disposal of articles shall not be subject to appeal.
2
An application for an order under sub-paragraph (1)(b) above—
a
by the creditor or the sheriff officer, shall be intimated by him to the debtor;
b
by the debtor, shall be intimated to the creditor or the officer of court,
at the time when it is made.
3
It shall not be competent for a sheriff officer in executing a poinding to examine a person on oath as to the ownership of any article.
4
Subject to sub-paragraph (1)(b) above, the debtor shall be entitled, within 14 days after the date of execution of the poinding, to redeem any poinded article at the value fixed under paragraph 5(4) above.
5
The sheriff officer shall, on receiving payment from the debtor for the redemption under sub-paragraph (4) above of a poinded article, grant a receipt in the form prescribed by Act of Sederunt to the debtor; and the receipt shall operate as a release of the article from the poinding.
6
Subject to paragraph 13(2)(b) below, the revaluation in the same poinding of an article which has been valued under paragraph 5(4) above shall not be competent.
7
A poinding shall be deemed to have been executed on the date when the poinding schedule has been delivered, or left on the premises, in pursuance of paragraph 5(6)(b) above.
8
At any time before the execution of a poinding on behalf of a creditor, a sheriff officer shall, if requested to do so by any other creditor who has exhibited to him a summary warrant authorising the poinding of articles belonging to the debtor, conjoin that creditor in the poinding.
Sch. 5 restricted (1.8.1994) by S.I. 1994/1774, reg. 43(7)