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)

Release of poinded article on ground of undue harshness

7

1

The sheriff may, on an application made within 14 days after the date of execution of a poinding by the debtor or any person in possession of a poinded article, make an order releasing an article from the poinding if it appears to the sheriff that its continued inclusion in the poinding or its sale under the summary warrant would be unduly harsh in the circumstances.

2

Where the sheriff has made an order under subsection (1) above he may, notwithstanding paragraph 9 below, on an application by the creditor or by a sheriff officer on his behalf, authorise the poinding of other articles belonging to the debtor on the same premises.