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Debt Arrangement and Attachment (Scotland) Act 2002

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This is the original version (as it was originally enacted).

27Notice of public auction

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(1)The auction of attached articles shall, subject to subsections (2) and (3) below, be by public auction held in an auction room.

(2)If it is impractical to hold the auction of an attached article in an auction room the auction may be held at such other place (other than the debtor’s dwellinghouse) as the officer considers appropriate.

(3)The auction of other articles which have been attached together with an article which is to be auctioned at a place other than an auction room may, if the officer considers it appropriate (having had regard, in particular, to the expenses which are likely to be incurred in connection with the auction), also be held at that other place.

(4)The officer authorised to arrange the auction shall give notice to the debtor and to any other person in possession of the attached articles of—

(a)the date on which the auction is to be held;

(b)the location of the auction room or, as the case may be, the other place at which the auction is to be held; and

(c)where sections 15 to 19 above apply in relation to the attached articles, the date arranged for the removal of those attached articles from the place at which they are kept.

(5)The officer shall advertise the auction by public notice.

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