Change 1 Article Choose an article Title and introductory text 1 Time to pay directions. 2 Effect of time to pay direction on diligence. 3 Variation and recall of time to pay direction and arrestment. 4 Lapse of time to pay direction. 5 Time to pay orders. 6 Application for time to pay order. 7 Disposal of application. 8 Effect of interim order on diligence. 9 Effect of time to pay order on diligence. 10 Variation and recall of time to pay order and arrestment. 11 Lapse of time to pay order. 12 Sequestration and insolvency. 13 Saving of creditor’s rights and remedies. 14 Circumstances where direction or order not competent or no longer effective. 15 Interpretation of Part I. 15A Diligence on the dependence of action 15B Diligence on the dependence of petition 15C Diligence on the dependence to secure future or contingent debts 15D Application for diligence on the dependence 15E Grant of warrant without a hearing 15F Hearing on application 15G Execution of diligence before service of summons 15H Sum attached by arrestment on dependence 15J Property affected by inhibition on dependence 15K Recall or restriction of diligence on dependence 15L Variation of orders and variation or recall of conditions 15M Expenses of diligence on the dependence 15N Application of this Part to admiralty actions 16 Articles exempt from poinding. 17 Restrictions on times when poinding may be executed. 18 Power of entry for execution of poinding. 19 Value of articles which may be poinded and presumption as to ownership. 20 Poinding procedure. 21 Poinding procedure - further provisions. 22 Report of execution of poinding. 23 Release of poinded article on ground of undue harshness. 24 Invalidity, cessation and recall of poinding. 25 Second poinding in same premises. 26 Sist of proceedings in poinding of mobile homes. 27 Duration of poinding. 28 Removal of poinded articles. 29 Unlawful acts relating to poinded articles. 30 Application for warrant of sale. 31 Provisions of warrant of sale. 32 Location of sale. 33 Release or redemption of poinded articles after warrant. 34 Intimation and publication of sale. 35 Alteration of arrangements for sale. 36 Payment agreements after warrant of sale. 37 The warrant sale. 38 Disposal of proceeds of sale. 39 Report of warrant sale. 40 Release from poinding of articles belonging to third party. 41 Poinding and sale of articles in common ownership. 42 Certain proceedings under Part II to postpone further steps in the diligence. 43 Conjoining of further poinding with original poinding. 44 Expenses of poinding and sale. 45 Interpretation of Part II. 46 New diligences against earnings. 47 General effect of earnings arrestment. 48 Debt recoverable by earnings arrestment. 49 Deductions from net earnings to be made by employer. 49A Deductions where net earnings include holiday pay 50 Review of earnings arrestment. 51 General effect of current maintenance arrestment. 52 Enforcement of 2 or more obligations to pay maintenance. 53 Deductions from net earnings to be made by employer. 54 Current maintenance arrestment to be preceded by default. 55 Review and termination of current maintenance arrestment. 56 Effect of new maintenance order on current maintenance arrestment. 57 Failure to comply with arrestment, manner of payment and creditor’s duty when arrestment ceases to have effect. 58 Simultaneous operation of earnings and current maintenance arrestment. 59 Priority among arrestments. 60 Conjoined arrestment orders: general provision. 61 Amount recoverable under conjoined arrestment order. 62 Relationship of conjoined arrestment order with earnings and current maintenance arrestments. 63 Sum payable by employer under conjoined arrestment order. 64 Disbursement by sheriff clerk of sums received from employer. 65 Operation of conjoined arrestment order. 66 Recall and variation of conjoined arrestment order. 67 Equalisation of diligences not to apply. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Restriction on liability of employer in operating diligence against earnings. 70 Execution and intimation of copies. 70A Employer's duty to provide information 70B Failure to give notice under section 70A(5) 70C Creditor's duty to provide information 70D Debtor's duty to provide information 71 Employer’s fee for operating diligence against earnings. 72 Effect of sequestration on diligence against earnings. 73 Interpretation of Part III. 73A Arrestment and action of furthcoming to proceed only on decree or document of debt 73B Schedule of arrestment to be in prescribed form 73C Arrestment on the dependence followed by decree 73D Debt advice and information 73E Funds attached 73F Protection of minimum balance in certain bank accounts 73G Arrestee's duty of disclosure 73H Failure to disclose information 73J Automatic release of arrested funds 73K Sum released under section 73J(2) 73L Circumstances preventing automatic release 73M Notice of objection 73N Hearings following notice of objection 73P Arrestee not liable for funds released in good faith 73Q Application for release of property where arrestment unduly harsh 73R Hearing on application under section 73Q for release of property 73S Mandate to be in prescribed form 73T Arrestment of ships etc. 74 Recovery of rates and taxes etc. 75 Regulation of organisation, training, conduct and procedure. 76 Advisory Council. 77 Appointment of messenger-at-arms. ... Inspection of work. 79 Investigation of alleged misconduct. 80 Courts’ powers in relation to offences or misconduct. 81 Provisions supplementary to section 80. 82 Appeals from decisions under sections 77, 79 and 80. 83 Service of charge and execution of diligence or warrant void where officer of court has interest. 84 Collection of statistics from officers of court. 85 Measure of damages payable by officer of court for negligence or other fault. 86 Official identity card. 86A Electronic communications 87 Effect of warrants for diligence in extract decrees and other documents. 88 Warrants for diligence: special cases. 89 Abolition of letters of horning, horning and poinding, poinding, and caption. 90 Provisions relating to charges for payment. 91 Enforcement of certain warrants and precepts of sheriff anywhere in Scotland. 92 General provision relating to liability for expenses in court proceedings. 93 Recovery from debtor of expenses of certain diligences. 94 Ascription of sums recovered by diligence or while diligence is in effect. 95 Certain diligences terminated by payment or tender of full amount owing. 95A Prescription of arrestment 96 Provisions to assist debtor in proceedings under Act. 97 98 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 101 102 Procedure in diligence proceeding on extract of registered document etc. 103 Appeals. 104 Regulations. 105 Application to Crown. 106 Interpretation. 107 Financial provisions. 108 Minor and consequential amendments, transitional provisions and repeals. 109 Short title, commencement and extent. SCHEDULE 1 EXPENSES OF POINDING AND SALE SCHEDULE 2 ARRESTMENT SCHEDULE 3 DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER SCHEDULE 4 RECOVERY OF RATES AND TAXES ETC. SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS SCHEDULE 6 MINOR AND CONSEQUENTIAL AMENDMENTS SCHEDULE 7 TRANSITIONAL PROVISIONS SCHEDULE 8 REPEALS
What to do with it
As published
25 Second poinding in same premises.
Subject to sections 9(12), 23(2), 28(2) and (6), 29(2), 40(5) and 41(6) of this Act, where articles are poinded in any premises (whether or not the poinding is valid), another poinding in those premises to enforce the same debt shall not be competent except in relation to articles which have been brought on to the premises since the execution of the first poinding.
Your wording
Your change, as a redline
25 Second poinding in same premises.
Subject to sections 9(12), 23(2), 28(2) and (6), 29(2), 40(5) and 41(6) of this Act, where articles are poinded in any premises (whether or not the poinding is valid), another poinding in those premises to enforce the same debt shall not be competent except in relation to articles which have been brought on to the premises since the execution of the first poinding.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.