Abolition of Poindings and Warrant Sales Act 2001

Last updated

Abolition of Poindings and Warrant Sales Act 2001
Coat of Arms of the United Kingdom in Scotland (Variant 1).svg
Long title An Act of the Scottish Parliament to abolish poindings and warrant sales.
Citation 2001 asp 1
Introduced by Tommy Sheridan
Territorial extent Scotland
Dates
Royal assent 17 January 2001
Repealed30 December 2002
Other legislation
AmendsDebtors (Scotland) Act 1987
Repealed by Debt Arrangement and Attachment (Scotland) Act 2002
Status: Repealed
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Abolition of Poindings and Warrant Sales Act 2001 was an Act of the Scottish Parliament to abolish the previous practice in which a debtor's goods are priced (poinding) in preparation for the enforced sale of the debtor's possessions (warrant sale). The legislation was introduced in 1999 as a member's bill by Tommy Sheridan MSP, [1] the sole member of the Scottish Socialist Party in the Parliament.

Contents

The original draft of the bill proposed that it would have immediate effect, but this was subsequently amended to delay implementation of the bill until 2002, so that alternative means of debt recovery could be devised. [2] The Scottish Executive eventually proposed the Debt Arrangement and Attachment Bill, [3] which became the Debt Arrangement and Attachment Act 2002 and repealed the Abolition of Poindings and Warrant Sales Act.

The Debt Arrangement and Attachment (Scotland) Act was criticised by Sheridan for introducing "a new form of warrant sales". [4]

See also

Related Research Articles

<span class="mw-page-title-main">Scottish Parliament</span> Devolved parliament of Scotland

The Scottish Parliament is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalized form of additional member system (MMP): 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality.

<span class="mw-page-title-main">Colin Fox (politician)</span> Scottish politician

Colin Fox is a national co-spokesperson of the Scottish Socialist Party (SSP). He was a Member of the Scottish Parliament (MSP) for the Lothians region from 2003 to 2007.

<span class="mw-page-title-main">Tommy Sheridan</span> Scottish politician

Thomas Sheridan is a Scottish politician who served as convenor of Solidarity from 2019 to 2021. He previously served as convenor of the Scottish Socialist Party (SSP) from 1998 to 2004 and as co-convenor of Solidarity from 2006 to 2016. He was a Member of the Scottish Parliament (MSP) for the Glasgow region from 1999 to 2007.

<span class="mw-page-title-main">John Campbell, 1st Baron Campbell</span> Scottish politician

John Campbell, 1st Baron Campbell, PC, FRSE was a British Liberal politician, lawyer and man of letters.

<span class="mw-page-title-main">Distraint</span> Seizure of property to obtain payments

Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person, traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods (chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets without a court order.

<span class="mw-page-title-main">Vulture fund</span> Fund that invests in distressed assets

A vulture fund is a hedge fund, private-equity fund or distressed debt fund, that invests in debt considered to be very weak or in default, known as distressed securities. Investors in the fund profit by buying debt at a discounted price on a secondary market and then using numerous methods to subsequently sell the debt for a larger amount than the purchasing price. Debtors include companies, countries, and individuals.

In Scots law, multiplepoinding, was a form of action by which conflicting claims to the same fund or property are determined.

<span class="mw-page-title-main">Registers of Scotland</span>

Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland. By ex officio, the Keeper of the Registers of Scotland is also the Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the Records of Scotland.

<span class="mw-page-title-main">Michael McMahon (Scottish politician)</span> British politician (born 1961)

Michael Joseph McMahon is a former Scottish Labour Party politician. He was a Member of the Scottish Parliament (MSP) from 1999 until 2016. He was MSP for the Hamilton North and Bellshill constituency from 1999 until its abolition in 2011, and then for the Uddingston and Bellshill constituency from 2011 to 2016.

Letters of horning(Scots law): a document issued by civil authorities that publicly denounce a person as an outlaw. The document was issued against persons who had not paid their debts.

<span class="mw-page-title-main">Protection of Wild Mammals (Scotland) Act 2002</span> United Kingdom legislation

The Protection of Wild Mammals (Scotland) Act was an Act of the Scottish Parliament passed in February 2002, making Scotland the first part of the United Kingdom to ban traditional fox hunting and hare coursing. It was repealed in 2023.

Debt relief orders (DROs) are a simplified, quicker and cheaper alternative to bankruptcy as an insolvency measure in the United Kingdom, which came into effect in England and Wales on 6 April 2009, and are also offered in Northern Ireland.

<span class="mw-page-title-main">Abolition of Feudal Tenure etc. (Scotland) Act 2000</span> Devolved Scottish legislation

The Abolition of Feudal Tenure etc. (Scotland) Act 2000 was a land reform enforced by an Act of the Scottish Parliament that was passed by the Scottish Parliament on 3 May 2000, and received Royal Assent on 9 June 2000.

<span class="mw-page-title-main">Diligence (Scots law)</span> Term in Scots Law

Diligence is a term in Scots Law with no single definition, but is commonly used to describe debt collection and debt recovery proceedings against a debtor by a creditor in Scottish courts. The law of diligence is part of the law of actions in Scots private law. Accordingly, it is within the devolved competence of the Scottish Parliament.

In Scots law, poinding is that diligence whereby a debtor's property is carried directly to a creditor. This type of diligence has now been abolished after the enactment of the Abolition of Poindings and Warrant Sales Act 2001.

<span class="mw-page-title-main">Warrant sale</span> Legal procedure

A warrant sale was a statutory means of collecting debts in Scotland until 2001. Legal procedure for warrant sales was governed by the Debtors (Scotland) Act 1987. The practice was controversial, those who opposed it were concerned that it affected the poorest section of society who genuinely were unable to pay a debt, others claimed the legislation was needed to ensure people paid their debts.

<span class="mw-page-title-main">Abolition of Bridge Tolls (Scotland) Act 2008</span> United Kingdom legislation

The Abolition of Bridge Tolls (Scotland) Act is an Act of the Scottish Parliament passed in 2008 is a piece of legislation to abolish tolls on all road bridges in Scotland. In practice, it removed the remaining tolls on the Forth Road Bridge and the Tay Road Bridge and repealed legislation relating to the Erskine Bridge.

<span class="mw-page-title-main">Scottish Socialist Party</span> Political party in Scotland

The Scottish Socialist Party is a left-wing political party campaigning for the establishment of an independent socialist Scottish republic.

<span class="mw-page-title-main">Scottish Parliamentary Standards Commissioner Act 2002</span> United Kingdom legislation

The Scottish Parliamentary Standards Commissioner Act 2002 is legislation that introduced arrangements for complaints against any Member of the Scottish Parliament to be investigated independently. It established the Scottish Parliamentary Standards Commissioner, who was given powers to summon witnesses and compel evidence.

<span class="mw-page-title-main">Criminal Justice (Scotland) Act 2016</span> United Kingdom legislation

The Criminal Justice (Scotland) Act 2016 is an Act of the Scottish Parliament which reformed criminal practice and procedure in Scotland. The act was intended to "modernise and enhance the efficiency of the Scottish criminal justice system".

References

  1. "Text of the Stage 2 Bill" (PDF). Scottish Parliament. Archived from the original (PDF) on 20 August 2016. Retrieved 27 July 2016.
  2. "MSPs abolish warrant sales". BBC News. 6 December 2000. Retrieved 24 November 2016.
  3. "Ministers unveil debt proposals". BBC News. 8 May 2002. Retrieved 24 November 2016.
  4. "MSPs attack new debt recovery law". The Scotsman. 9 May 2002. Retrieved 24 November 2016.