Sheriff Courts (Scotland) Act 1907

Sale of ship or cargo S

[F1 49.5. (1) This rule shall not apply to the sale of a cargo arrested on the dependence of an Admiralty action in personam.

(2) Where, in an Admiralty action or an action of declarator and sale of a ship—

(a) the sheriff makes a finding that the pursuer has a claim which falls to be satisfied out of an arrested ship or cargo, or

(b) a decree for a sum of money has been granted in an action in which a ship has been arrested on the dependence,

the pursuer may apply by motion for an order for the sale of that ship or a share in it, or the cargo, as the case may be, by public auction or private bargain.

(3) Before making such an order, the sheriff shall remit to a reporter for the purpose of obtaining—

(a) an inventory of,

(b) a valuation and recommendation upset price for, and

(c) any recommendation as to the appropriate advertisement for the sale of, the ship, share or cargo.

(4) Where a remit is made under paragraph (3), the pursuer shall instruct the reporter within 14 days after the date of the interlocutor making the remit and be responsible, in the first instance, for payment of his or her fee.

(5) On completion of a report following a remit under paragraph (3), the reporter shall send the report and a copy for each party to the sheriff clerk.

(6) On receipt of such a report, the sheriff clerk shall—

(a) give written intimation to each party of receipt of the report;

(b) request the pursuer to show to him or her a discharge in respect of the fee for which the pursuer is responsible under paragraph (4); and

(c) after sight of such a discharge—

(i) lodge the report in process;

(ii) give written intimation to each party that this has been done and that he or she may uplift a copy of the report from process; and

(iii) cause the action to call for a procedural hearing.

(7) Where the sheriff orders the sale of a ship, share or cargo, the conduct of the sale, including any advertisement of it, shall be under the direction of the sheriff clerk.

(8) Where such a sale is the sale of a ship or a share in it, the interlocutor ordering the sale shall include a declaration that the right to transfer the ship or share to the purchaser is vested in the sheriff clerk.

(9) Where, in such a sale, no offer to purchase the ship, share or cargo, as the case may be, has reached the upset price, the pursuer may apply by motion for authority to expose such ship, share or cargo for sale at a reduced upset price.

(10) The proceeds of such a sale shall be consigned into court, under deduction of all dues to the date the sheriff adjudges the ship, share or cargo to belong to the purchaser under paragraph (11)(a), payable to Her Majesty’s Revenue and Customs or to the port or harbour authority within the jurisdiction of which the ship or cargo lies and in respect of which such port or harbour authority has statutory power to detain the ship or cargo.

(11) On consignation being made under paragraph (10), the sheriff shall—

(a) adjudge the ship, share or cargo, as the case may be, declaring the same to belong to the purchaser, freed and disburdened of all bonds, mortgages, liens, rights of retention and other incumbrances affecting it and ordering such ship, share or cargo to be delivered to the purchaser on production of a certified copy of the interlocutor pronounced under this subparagraph; and

(b) order such intimation and advertisement, if any, for claims on the consigned fund as the sheriff thinks fit.

(12) The sheriff shall, after such hearing or inquiry as the sheriff thinks fit—

(a) determine all questions of expenses;

(b) rank and prefer any claimants in order of preference; and

(c) make such other order, if any, as the sheriff thinks fit.]

Textual Amendments

F1 Sch. 1 Ch. 49 inserted (1.8.2012) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(4)