Debtors (Scotland) Act 1987

30 Application for warrant of sale. S

(1) A creditor shall not be entitled to sell articles poinded by him unless, on an application by him or by an officer of court on his behalf, the sheriff has granted a warrant under this section (referred to in this Act as a “warrant of sale”).

(2) The sheriff may refuse to grant a warrant of sale—

(a) on his own initiative or on an objection by the debtor—

(i) on the ground that the poinding is invalid or has ceased to have effect;

(ii) on a ground mentioned in section 24(3)(b) or (c) of this Act;

(b) on an objection by the debtor, on the ground that the granting of the application would be unduly harsh in the circumstances.

(3) The creditor or officer of court, when making an application under subsection (1) above, shall serve a copy thereof on the debtor together with a notice in the form prescribed by Act of Sederunt informing him—

(a) that he may object to the application within 14 days after the date when it was made; and

(b) of his right to redeem poinded articles under section 33(2) of this Act.

(4) The sheriff shall not—

(a) refuse to grant a warrant of sale on his own initiative; or

(b) dispose of an application under subsection (1) above where the debtor has objected thereto in accordance with subsection (3)(a) above,

without first giving the parties an opportunity to be heard.

(5) It shall not be competent for the sheriff to refuse to grant a warrant of sale on the ground that any poinded article is exempt from poinding under section 16 of this Act.

(6) Where the sheriff refuses to grant a warrant of sale, the sheriff clerk shall intimate that refusal to the debtor and, if he is a different person from the debtor, to the person in possession of the poinded articles.

(7) A sale under a warrant of sale shall be known as a “warrant sale”.

Textual Amendments

F1 Part II (ss. 16-45) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(a) (with ss. 59, 63)