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Debtors (Scotland) Act 1987
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No longer has effect, generally means that this provision has been repealed.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.
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Debtors (Scotland) Act 1987, Section 40 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.
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Changes and effects yet to be applied to Section 40:
- s. 8(1)(d) (e) substituted for s. 8(1)(d) by 2007 asp 3 Sch. 5 para. 16(7)(a)(v)
- s. 70(3)-(3D) substituted for s. 70(3) by 2024 asp 9 s. 16(2)(a)
- s. 70A(1A)(2) substituted for s. 70A(2) by 2024 asp 9 s. 16(3)(b)
- s. 70A(5A) inserted by 2024 asp 9 s. 16(3)(f)
- s. 70A(7) inserted by 2024 asp 9 s. 16(3)(h)
- s. 70B(A1) inserted by 2024 asp 9 s. 16(4)(a)
- s. 70B(1)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 16(4)(b)
- s. 70B(4) inserted by 2024 asp 9 s. 16(4)(e)
- s. 73G(4)(c) inserted by 2024 asp 9 s. 14(3)(b)
- s. 73H(5) inserted by 2024 asp 9 s. 14(4)(b)
- s. 73U inserted by 2024 asp 9 s. 15(5)
- s. 73CA inserted by 2024 asp 9 s. 14(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 8(1)(d) (e) substituted for s. 8(1)(d) by 2007 asp 3 Sch. 5 para. 16(7)(a)(v)
- s. 70(3)-(3D) substituted for s. 70(3) by 2024 asp 9 s. 16(2)(a)
- s. 70A(1A)(2) substituted for s. 70A(2) by 2024 asp 9 s. 16(3)(b)
- s. 70A(5A) inserted by 2024 asp 9 s. 16(3)(f)
- s. 70A(7) inserted by 2024 asp 9 s. 16(3)(h)
- s. 70B(A1) inserted by 2024 asp 9 s. 16(4)(a)
- s. 70B(1)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 16(4)(b)
- s. 70B(4) inserted by 2024 asp 9 s. 16(4)(e)
- s. 73G(4)(c) inserted by 2024 asp 9 s. 14(3)(b)
- s. 73H(5) inserted by 2024 asp 9 s. 14(4)(b)
- s. 73U inserted by 2024 asp 9 s. 15(5)
- s. 73CA inserted by 2024 asp 9 s. 14(2)
40 Release from poinding of articles belonging to third party.S
(1)An officer of court may, at any time after the execution of a poinding and before the warrant sale, release an article from the poinding if—
(a)he is satisfied that the article belongs to a third party; and
(b)the debtor or other person in possession of the article does not deny that it belongs to the third party.
(2)Where, on an application made to him by a third party, at any time after the execution of a poinding and before the warrant sale, the sheriff is satisfied that a poinded article belongs to that third party, he shall make an order releasing it from the poinding.
(3)The making of an application under subsection (2) above shall not prejudice the taking of any other proceedings by the third party for the recovery of a poinded article belonging to him, and an order of the sheriff under that subsection shall not be binding in any other proceedings.
(4)The release of a poinded article under subsection (1) above—
(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.
(5)Where an article has been released from a poinding under this section, an officer of court may, notwithstanding section 25 of this Act, poind other articles belonging to the debtor in the same premises.
Textual Amendments
F1Part 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)
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