F1PART II POINDINGS AND WARRANT SALES
Warrant sales
30 Application for warrant of sale.
1
A creditor shall not be entitled to sell articles poinded by him unless, on an application by him or by an officer of court on his behalf, the sheriff has granted a warrant under this section (referred to in this Act as a “warrant of sale”).
2
The sheriff may refuse to grant a warrant of sale—
a
on his own initiative or on an objection by the debtor—
i
on the ground that the poinding is invalid or has ceased to have effect;
ii
on a ground mentioned in section 24(3)(b) or (c) of this Act;
b
on an objection by the debtor, on the ground that the granting of the application would be unduly harsh in the circumstances.
3
The creditor or officer of court, when making an application under subsection (1) above, shall serve a copy thereof on the debtor together with a notice in the form prescribed by Act of Sederunt informing him—
a
that he may object to the application within 14 days after the date when it was made; and
b
of his right to redeem poinded articles under section 33(2) of this Act.
4
The sheriff shall not—
a
refuse to grant a warrant of sale on his own initiative; or
b
dispose of an application under subsection (1) above where the debtor has objected thereto in accordance with subsection (3)(a) above,
without first giving the parties an opportunity to be heard.
5
It shall not be competent for the sheriff to refuse to grant a warrant of sale on the ground that any poinded article is exempt from poinding under section 16 of this Act.
6
Where the sheriff refuses to grant a warrant of sale, the sheriff clerk shall intimate that refusal to the debtor and, if he is a different person from the debtor, to the person in possession of the poinded articles.
7
A sale under a warrant of sale shall be known as a “warrant sale”.
Part II (ss. 16-45) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(a) (with ss. 59, 63)