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Debtors (Scotland) Act 1987

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Changes over time for: Section 18

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Version Superseded: 30/12/2002

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Point in time view as at 01/04/2002. This version of this provision has been superseded. Help about Status

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Debtors (Scotland) Act 1987, Section 18 is up to date with all changes known to be in force on or before 01 March 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. Help about Changes to Legislation

18 Power of entry for execution of poinding.S

(1)Subject to subsection (2) below, notwithstanding any warrant authorising him to open shut and lockfast places, an officer of court shall not enter a dwellinghouse to execute a poinding if, at the time of his intended entry, there appears to him to be nobody, or only children under the age of 16 years, present there unless, at least 4 days before the date of his intended entry, he has served notice on the debtor specifying that date.

(2)If it appears to the sheriff, on an application made to him by the officer of court (which shall not require to be intimated to the debtor), that the requirement of service under this section would be likely to prejudice the execution of the poinding he may dispense with such service.

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