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Debtors (Scotland) Act 1987
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- UK Public General Acts
- 1987 c. 18
- SCHEDULE 5
- Certain proceedings under this...
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Changes over time for: Cross Heading: Certain proceedings under this Schedule to postpone further steps in the diligence
Version Superseded: 30/12/2002
Alternative versions:
- 01/02/1991- Amendment
- 01/07/1997
Point in time - 30/12/2002- Amendment
Status:
Point in time view as at 01/07/1997.
Changes to legislation:
Debtors (Scotland) Act 1987, Cross Heading: Certain proceedings under this Schedule to postpone further steps in the diligence is up to date with all changes known to be in force on or before 24 May 2024. 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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Certain proceedings under this Schedule to postpone further steps in the diligenceS
23(1)Where an application under any of the provisions of this Schedule listed in sub-paragraph (2) below has been made—S
(a)it shall be not be competent during a relevant period to remove the poinded articles for sale or to hold a sale;
(b)a relevant period shall be disregarded in calculating the period on the expiry of which the poinding ceases to have effect under paragraph 11 above.
(2)The provisions referred to in sub-paragraph (1) above are—
(a)paragraph 1(4), 7(1), 21(2) or 22(3) (release of poinded articles);
(b)paragraph 8(1) or (3) (invalidity, cessation or recall of poinding);
(c)paragraph 10(1) (sist of proceedings in poinding of mobile homes);
(d)paragraph 12(4) (restoration of articles removed without consent or authority);
(e)paragraph 12(5) (recall of order under paragraph 12(4)).
(3)In sub-paragraph (1) above “a relevant period” means—
(a)the period while the application is pending;
(b)where the application has been disposed of by the sheriff—
(i)the period during which an application for leave to appeal may be made;
(ii)where an application for leave to appeal is made, the period until leave has been refused or the application has been abandoned;
(iii)where leave to appeal has been granted, the period during which an appeal may be made; or
(iv)where an appeal against the decision is made, the period until the matter has been finally determined or the appeal has been abandoned.
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