- Latest available (Revised)
- Point in Time (01/07/1997)
- Original (As enacted)
Version Superseded: 30/12/2002
Point in time view as at 01/07/1997. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Debtors (Scotland) Act 1987, Section 42 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where an application under any of the provisions of this Act listed in subsection (3) below has been made, it shall be not be competent during a relevant period to grant a warrant of sale in respect of the poinded articles, to remove them for sale or to hold a warrant sale.
(2)Where subsection (1) above applies, a relevant period shall be disregarded in calculating—
(a)the period within which a warrant sale is required to be held under section 31(2)(b) of this Act; or
(b)the period on the expiry of which the poinding ceases to have effect under section 27 of this Act.
(3)The provisions referred to in subsection (1) above are—
(a)section 16(4), 23(1), 40(2) or 41(3) (release of poinded articles);
(b)section 24(1) or (3) (invalidity, cessation or recall of poinding);
(c)section 26(1) (sist of proceedings in poinding of mobile homes);
(d)section 28(4) (restoration of articles removed without consent or authority);
(e)section 28(5) (recall of order under section 28(4)).
(4)In subsections (1) and (2) 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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: