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Debtors (Scotland) Act 1987
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Changes over time for: Section 34
Version Superseded: 30/12/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1992
Point in time - Stop date 30/12/2002- Amendment
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Point in time view as at 01/07/1992. This version of this provision has been superseded.
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Debtors (Scotland) Act 1987, Section 34 is up to date with all changes known to be in force on or before 02 January 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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34 Intimation and publication of sale.S
(1)The officer of court appointed under section 31(2)(a) of this Act to make arrangements for the warrant sale shall—
(a)as soon as is reasonably practicable intimate to the debtor and, if the person in possession of the poinded articles is not the debtor, to that person, the date arranged for the warrant sale; and
(b)not later than the date of intimation under paragraph (a) above, serve a copy of the warrant of sale on the debtor and any such person.
(2)Where the warrant sale is not to be held in the premises where the poinded articles are situated, the officer of court referred to in subsection (1) above shall, not less than 7 days before the date arranged for the removal of the poinded articles from those premises, intimate to the debtor and, if he is not the debtor, to the person in possession of the poinded articles—
(a)the place where the sale is to be held; and
(b)the date arranged for the removal.
(3)The sheriff clerk shall arrange for such particulars of the warrant of sale as are prescribed by Act of Sederunt to be displayed on the walls of court.
(4)The warrant sale shall be advertised by public notice and, where the sale is to be held otherwise than in an auction room, the public notice shall be as directed by the warrant of sale.
(5)Where the warrant sale is to be held in premises not belonging to the debtor, the public notice under subsection (4) above shall not name him or disclose that the articles for sale are poinded articles.
(6)Where the warrant sale is to be held in premises other than the debtor’s premises or an auction room, any public notice of the sale shall state that the articles to be sold do not belong to the occupier of the premises where the sale is to be held.
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