SCHEDULES

SCHEDULE 1 EXPENSES OF POINDING AND SALE

Expenses chargeable against the debtor

1

1

Subject to paragraphs 2, 3 and 5 to 7 below, there shall be chargeable against the debtor any expenses incurred—

a

subject to section 90(7) of this Act, in serving a charge;

b

in serving a notice under section 18 of this Act before entering a dwellinghouse for the purpose of executing a poinding;

c

in executing a poinding under section 20 of this Act;

d

in making a report under section 21(4) of this Act of the redemption by the debtor of any poinded article;

e

in granting a receipt under section 21(5) of this Act for payment for redemption under subsection (4) of that section;

f

in making a report under section 22 of this Act of the execution of a poinding, but not in applying for an extension of time for the making of such a report;

g

in applying for a warrant of sale under section 30(1) of this Act;

h

in granting a receipt under section 33(3) of this Act for payment for the redemption of any poinded article;

j

in making a report under section 33(5)(b) of this Act of the release or redemption of poinded articles;

k

in making intimation, serving a copy of the warrant of sale and giving public notice under section 34 of this Act;

l

in removing any articles for sale in pursuance of a warrant of sale;

m

in making arrangements for, conducting and supervising a warrant sale;

n

where the arrangements for a sale have been cancelled under section 36(1) of this Act, in returning poinded articles to any premises from which they have been removed for sale;

o

in making a report of an agreement under section 36(2) of this Act;

p

subject to section 39(3) of this Act, in making a report of sale under that section;

q

in granting a receipt under section 41(4) of this Act for payment for the release from a poinding of any article which is owned in common;

r

in making a report under section 41(5)(b) of this Act of the release of any such article;

s

in opening shut and lockfast places in the execution of the diligence;

t

by a solicitor in instructing an officer of court to take any of the steps specified in this sub-paragraph.

2

The Lord Advocate may by regulations add to, delete or vary any of the steps specified in sub-paragraph (1) above.