Debtors (Scotland) Act 1987

31 Provisions of warrant of sale

(1) Every warrant of sale shall provide that the warrant sale shall be by public auction and shall specify the location of the sale in accordance with section 32 of this Act.

(2) A warrant of sale shall—

(a) appoint an officer of court to make arrangements for the warrant sale in accordance with the warrant;

(b) specify a period within which the warrant sale shall take place; and

(c) empower the officer of court to open shut and lockfast places for the purpose of executing the warrant.

(3) Where the warrant of sale provides for the sale to be held in premises other than an auction room, it shall appoint to conduct the warrant sale—

(a) if the aggregate of the values of the poinded articles fixed under section 20(4) of this Act exceeds £1,000 or such other sum as may be prescribed by Act of Sederunt and a person who carries on business as an auctioneer is available, that person;

(b) in any other case, the officer of court appointed under subsection (2) above or another suitable person.

(4) A warrant of sale which provides for the warrant sale to be held in premises other than where the poinded articles are situated shall also empower the officer of court appointed by the warrant to remove the poinded articles to such premises for the sale.