Warrant sale
Encyclopedia
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.
It became a contentious political issue in the late 1980s, when Scottish councils used the legislation against an ever-increasing number of Poll Tax
defaulters. This involved councils applying for a warrant
from the local court to collect the money owed by non-payers. Sheriff officer
s (private companies, even though their title suggests they are court employees) were the choice of the local authorities to collect the outstanding debts. Under the 1987 act, the debt collectors were permitted to enter a debtor's home and poind (put a value on) items, which would be subject to a later, public, sale under warrant. (Warrant Sale).
The practice was abolished when Tommy Sheridan
, MSP
, of the Scottish Socialist Party
, introduced a Private Member's Bill
in 2001, and the Scottish Parliament
voted to remove the legislation from Scots law under the Abolition of Poindings and Warrant Sales Act 2001
.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
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.
It became a contentious political issue in the late 1980s, when Scottish councils used the legislation against an ever-increasing number of Poll Tax
Poll tax
A poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
defaulters. This involved councils applying for a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
from the local court to collect the money owed by non-payers. Sheriff officer
Sheriff officer
A sheriff officer is an officer of the Scottish Sheriff Court, responsible for serving documents and enforcing court orders. The jurisdiction of a sheriff officer is limited to the area of their commission , unlike messengers-at-arms...
s (private companies, even though their title suggests they are court employees) were the choice of the local authorities to collect the outstanding debts. Under the 1987 act, the debt collectors were permitted to enter a debtor's home and poind (put a value on) items, which would be subject to a later, public, sale under warrant. (Warrant Sale).
The practice was abolished when Tommy Sheridan
Tommy Sheridan
Tommy Sheridan is a Scottish socialist politician. He has had various prominent roles within the socialist movement in Scotland and is currently one of two co-convenors of the left-wing Scottish political party Solidarity....
, MSP
Member of the Scottish Parliament
Member of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:...
, of the Scottish Socialist Party
Scottish Socialist Party
The Scottish Socialist Party is a left-wing Scottish political party. Positioning itself significantly to the left of Scotland's centre-left parties, the SSP campaigns on a socialist economic platform and for Scottish independence....
, introduced a Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
in 2001, and the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
voted to remove the legislation from Scots law under the Abolition of Poindings and Warrant Sales Act 2001
Abolition of Poindings and Warrant Sales Act 2001
The Abolition of Poindings and Warrant Sales Act 2001 was an act by the Scottish Parliament which abolished the previous practice in which a debtor’s goods are priced in preparation for the enforced sale of the debtor’s possessions by amending the Debtors Act 1987...
.