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Debtors (Scotland) Act 1987

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This is the original version (as it was originally enacted).

21(1)A sheriff officer may, at any time after the execution of a poinding and before the sale of the poinded articles, 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 sale of the poinded articles, 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 sub-paragraph (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 sub-paragraph shall not be binding in any other proceedings.

(4)Where an article has been released from a poinding under this paragraph, a sheriff officer may, notwithstanding paragraph 9 above, poind other articles belonging to the debtor in the same premises.

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