Paragraph 47.2 Division and/or sale of propertyF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 1 rule 12 words substituted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 para. 2(2)
Sch. 1 rule 12.3(3) words inserted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 para. 2(3)
Sch. 1 rule 12.4(2)(b) words inserted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 para. 2(3)
Sch. 1 Appendix 1 Form 7ZA inserted by Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Judgments) 2026 sch.
Sch. 1 repealed by Courts Reform (Scotland) Act 2014 sch. 5 para. 4(h)

(1)

Where the sheriff orders the division and/or sale of property, heritable or otherwise, the sheriff shall direct that the division and/or sale, as the case may be, shall be conducted under the oversight and direction of the sheriff clerk or any other fit person whom the sheriff may appoint for that purpose.

(2)

The sheriff clerk or person appointed under paragraph (1), as the case may be, may report any matter of difficulty arising in the course of the division and/or sale to the sheriff.

(3)

At a hearing on a report made under paragraph (2), the sheriff may give such directions as the sheriff thinks fit, including authority to the sheriff clerk to sign, on behalf of any proprietor, a disposition of his or her interest in the property.

(4)

On the conclusion of a sale of property—

(a)

the proceeds of the sale, under deduction of the expenses of the sale, shall be consigned into court; and

(b)

the sheriff clerk or the person appointed under paragraph (1), as the case may be, shall lodge in process a report of the sale and a proposed scheme of division of the proceeds of sale.

(5)

At the hearing of a motion for approval of a report of the sale of property lodged under paragraph (4) and the proposed scheme of division, the sheriff may—

(a)

approve the report and scheme of division, and direct that payment of the proceeds of sale be made in terms of the report;

(b)

deal with any question as to the expenses of process or of sale; and

(c)

make such other order as the sheriff thinks fit.

Annotations

Textual amendments

F1: Sch. 1 Ch. 47 inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 2(4) (with para. 10)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5