Debtors (Scotland) Act 1987

27 Duration of poinding. S

(1) Subject to subsections (2), (3) and (5)(a) below, a poinding shall cease to have effect on the expiry of a period of one year after the date of execution of the poinding, unless before such expiry an application has been made under section 30(1) of this Act for a warrant of sale in relation to the poinded articles.

(2) The sheriff, on an application by the creditor or by an officer of court on his behalf made before the expiry of the period mentioned in subsection (1) above and before an application has been made under section 30(1) of this Act, may extend that period—

(a) where he considers that, if the said period is extended, the debtor is likely to comply with an agreement between the creditor and the debtor for the payment of the sum recoverable by instalments or otherwise; or

(b) to enable further proceedings to be taken in the diligence where the termination of the poinding would prejudice the creditor and the creditor cannot be held responsible for the circumstances giving rise to the need for the extension,

for such further period as he considers reasonable in the circumstances.

(3) The sheriff may grant further extensions under subsection (2) above, on application being made to him before the expiry of the previously extended period.

(4) The decision of the sheriff under subsection (2) above shall not be subject to appeal, and shall be intimated to the debtor by the sheriff clerk.

(5) Where, within the period mentioned in subsection (1) above or within that period as extended under subsection (2) above, an application is made—

(a) under subsection (2) above—

(i) if the application is made on the ground referred to in paragraph (a) of that subsection, the poinding shall, if the date of disposal of the application is later than 14 days before the poinding is due to expire, continue to have effect until 14 days after that disposal;

(ii) in any other case, the poinding shall continue to have effect until the disposal of the application;

(b) under section 30 of this Act for a warrant of sale, the poinding shall, if the sheriff refuses to grant a warrant of sale, continue to have effect—

(i) until the period for leave to appeal has expired without an application for leave having been made;

(ii) where an application for leave to appeal is made, until leave has been refused or the application has been abandoned;

(iii) where leave to appeal has been granted, until the period for an appeal has expired without an appeal being made; or

(iv) where an appeal against the decision is made, until the matter has been finally determined or the appeal has been abandoned; or

(c) under section 30 of this Act for a warrant of sale, the poinding shall, if the sheriff grants a warrant of sale, continue to have effect—

(i) if the articles are sold, or ownership passes to the creditor under section 37(6) of this Act, until the date of such sale or such ownership passing; or

(ii) if the articles are not sold, or ownership does not pass to the creditor, until the expiry of the period specified for the warrant sale in the warrant of sale.

(6) Without prejudice to subsection (7) below, if a report has been made to the sheriff under section 36(2) of this Act, the poinding shall continue to have effect for a period of 6 months after the date when the latest such report was made.

(7) Where, within the period specified for the warrant sale in the warrant of sale, or within the period mentioned in subsection (6) above, an application is made under section 35 of this Act for a variation of the warrant of sale, the poinding shall cease to have effect—

(a) if the sheriff refuses to grant a variation—

(i) when the period for leave to appeal has expired without an application for leave having been made;

(ii) where an application for leave to appeal is made, when leave has been refused or the application has been abandoned;

(iii) where leave to appeal has been granted, when the period for an appeal has expired without an appeal being made; or

(iv) where an appeal against the decision is made, when the matter has been finally determined in favour of the sheriff’s decision or the appeal has been abandoned,

or on such later date as the sheriff may direct;

(b) if the sheriff grants a variation—

(i) where the articles are sold, or ownership passes to the creditor under section 37(6) of this Act in the period specified for the warrant sale in the warrant of sale as so varied, on the date of the warrant sale or of ownership so passing;

(ii) where the articles are not sold and ownership does not pass to the creditor within that period, on the expiry of that period.