Debt Arrangement and Attachment (Scotland) Act 2002 Explanatory Notes

Part 4 – Abolition of Poindings and Warrant Sale

Section 58 – Abolition of poindings and warrant sales

112.This section makes provision for the abolition of poindings and warrant sales and repeals various provisions of the Debtors (Scotland) Act 1987.

Section 59 – Savings

113.Section 59(1) makes saving provisions in respect of warrant sales already completed before the date on which their abolition comes into force. Section 59(2) enables a poinding and warrant sale, already commenced before the provisions of the Act came into force, to be completed for poindings outwith dwellinghouses only up until 31 March 2003. Section 59(4) provides that summary warrants which authorised a poinding and warrant sale before the Act came into force are to be treated as authorising an attachment after that date. These savings apply to references to poindings and warrant sales in the Bankruptcy (Scotland) Act 1985, the Debtors (Scotland) Act 1987, and the Proceeds of Crime Act 2002.

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