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Changes over time for: Section 33
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Status
No longer has effect, generally means that this provision has been repealed. Take a look at the annotations at the end of the provision for further information.
Changes to legislation:
Debtors (Scotland) Act 1987, Section 33 is up to date with all changes known to be in force on or before 03 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.
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Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 33:
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
33 Release or redemption of poinded articles after warrant.S
(1)Where a warrant sale is to be held in premises other than where the poinded articles are situated, the officer of court may, in pursuance of section 31(4) of this Act, remove to those premises only such poinded articles as, if sold at their values fixed under section 20(4) of this Act, would realise in total the sum recoverable at the time of the sale; and shall release the remaining poinded articles from the poinding.
(2)Subject to section 21(1) of this Act, the debtor may, within 7 days after the date when a copy of an application for warrant of sale has been served on him, redeem any poinded article by paying to the officer of court a sum equal to its value fixed under section 20(4) of this Act.
(3)The officer of court shall, on receiving payment from the debtor under subsection (2) above, 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.
(4)The creditor and the debtor may by agreement release articles from the poinding.
(5)Any release or redemption of poinded articles under this section—
(a)shall be mentioned in the next subsequent application (if any) which is made for warrant of sale or for variation of warrant of sale; or
(b)if it takes place after an application for warrant of sale (or variation thereof) has been made and before it has been disposed of, shall be reported as soon as is reasonably practicable by the officer of court to the sheriff; or
(c)in any other case, shall be mentioned in any report of sale.
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