Paragraph 23

(1)

Where an application under any of the provisions of this Schedule listed in sub-paragraph (2) below has been made—

(a)

it shall be not be competent during a relevant period to remove the poinded articles for sale or to hold a sale;

(b)

a relevant period shall be disregarded in calculating the period on the expiry of which the poinding ceases to have effect under paragraph 11 above.

(2)

The provisions referred to in sub-paragraph (1) above are—

(a)

paragraph 1(4), 7(1), 21(2) or 22(3) (release of poinded articles);

(b)

paragraph 8(1) or (3) (invalidity, cessation or recall of poinding);

(c)

paragraph 10(1) (sist of proceedings in poinding of mobile homes);

(d)

paragraph 12(4) (restoration of articles removed without consent or authority);

(e)

paragraph 12(5) (recall of order under paragraph 12(4)).

(3)

In sub-paragraph (1) above “a relevant period” means—

(a)

the period while the application is pending;

(b)

where the application has been disposed of by the sheriff—

(i)

the period during which an application for leave to appeal may be made;

(ii)

where an application for leave to appeal is made, the period until leave has been refused or the application has been abandoned;

(iii)

where leave to appeal has been granted, the period during which an appeal may be made; or

(iv)

where an appeal against the decision is made, the period until the matter has been finally determined or the appeal has been abandoned.

Notes on Schedule 5

F1: Sch. 5 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(d) (with ss. 59, 63)