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Change 1
As published
42 Certain proceedings under Part II to postpone further steps in the diligence.
(1) Where an application under any of the provisions of this Act listed in subsection (3) below has been made, it shall be not be competent during a relevant period to grant a warrant of sale in respect of the poinded articles, to remove them for sale or to hold a warrant sale.
(2) Where subsection (1) above applies, a relevant period shall be disregarded in calculating—
(a) the period within which a warrant sale is required to be held under section 31(2)(b) of this Act; or
(b) the period on the expiry of which the poinding ceases to have effect under section 27 of this Act.
(3) The provisions referred to in subsection (1) above are—
(a) section 16(4), 23(1), 40(2) or 41(3) (release of poinded articles);
(b) section 24(1) or (3) (invalidity, cessation or recall of poinding);
(c) section 26(1) (sist of proceedings in poinding of mobile homes);
(d) section 28(4) (restoration of articles removed without consent or authority);
(e) section 28(5) (recall of order under section 28(4)).
(4) In subsections (1) and (2) 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.
Your change, as a redline
42 Certain proceedings under Part II to postpone further steps in the diligence.
(1) Where an application under any of the provisions of this Act listed in subsection (3) below has been made, it shall be not be competent during a relevant period to grant a warrant of sale in respect of the poinded articles, to remove them for sale or to hold a warrant sale.
(2) Where subsection (1) above applies, a relevant period shall be disregarded in calculating—
(a) the period within which a warrant sale is required to be held under section 31(2)(b) of this Act; or
(b) the period on the expiry of which the poinding ceases to have effect under section 27 of this Act.
(3) The provisions referred to in subsection (1) above are—
(a) section 16(4), 23(1), 40(2) or 41(3) (release of poinded articles);
(b) section 24(1) or (3) (invalidity, cessation or recall of poinding);
(c) section 26(1) (sist of proceedings in poinding of mobile homes);
(d) section 28(4) (restoration of articles removed without consent or authority);
(e) section 28(5) (recall of order under section 28(4)).
(4) In subsections (1) and (2) 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.
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