SCHEDULES

C1SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS

Annotations:
Modifications etc. (not altering text)
C1

Sch. 5 restricted (1.8.1994) by S.I. 1994/1774, reg. 43(7)

Power of entry for execution of poinding

3

1

Subject to sub-paragraph (2) below, notwithstanding any warrant authorising him to open shut and lockfast places, a sheriff officer shall not enter a dwellinghouse to execute a poinding if, at the time of his intended entry, there appears to him to be nobody, or only children under the age of 16 years, present there unless, at least 4 days before the date of his intended entry, he has served notice on the debtor specifying that date.

2

If it appears to the sheriff, on an application made to him by the sheriff officer (which shall not require to be intimated to the debtor), that the requirement of service under this paragraph would be likely to prejudice the execution of the poinding he may dispense with such service.