Part 4

Abolition of poindings and warrant sales

Savings
59
1
The provisions set out in subsection (5) below continue to have effect in relation to a poinding in respect of which a warrant sale has been completed before 30 December 2002 as if sections 58(2) above and 61 below had not come into force.
2
Subject to subsection (3) below, those provisions also continue to have that effect in relation to a poinding executed before that date in respect of which a warrant sale has not been completed before that date.
3
The saving provided for in subsection (2) above—
a
has effect only if the poinding was executed at a place other than a dwellinghouse; and
b
continues to have effect after 31 March 2003 only if a warrant sale is completed in respect of the poinding on or before that date.
4
A summary warrant which, before 30 December 2002, authorised a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 (c.18) is to be treated on and after that date as authorising an attachment.
5
The provisions referred to in subsections (1) and (2) above are—
a
paragraph 24 of Schedule 7 to the Bankruptcy (Scotland) Act 1985 (c.66);
b
the provisions of the Act of 1987 mentioned in section 58(2) above; and
c
the provisions of the Act of 2002 mentioned in paragraph 29 of schedule 3 to this Act.