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Paragraph 25

(1)

Subject to paragraphs 26 to 29 below, there shall be chargeable against the debtor any expenses incurred—

(a)

in serving a notice under paragraph 3 above before entering a dwellinghouse for the purpose of executing a poinding;

(b)

in executing a poinding under paragraph 5 above;

(c)

in granting a receipt under sub-paragraph (5) of paragraph 6 above for payment for redemption under sub-paragraph (4) thereof;

(d)

in granting a receipt under paragraph 15(3) above for payment for the redemption of any poinded article;

(e)

in making intimation, sending particulars of the arrangements for the sale to the sheriff clerk and giving public notice under paragraph 16 above;

(f)

in removing any poinded articles for sale;

(g)

in making arrangements for and conducting a sale;

(h)

where the arrangements for a sale have been cancelled under paragraph 17(4) above, in returning poinded articles to any premises from which they have been removed for sale;

(j)

in making a report of sale under paragraph 20 above;

(k)

in granting a receipt under paragraph 22(4) above for payment for the release from a poinding of any article which is owned in common;

(l)

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

(m)

by a solicitor in instructing a sheriff officer 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.

Notes on Schedule 5

Textual amendments

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Sch. 5 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(d) (with ss. 59, 63)