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Poinding was a diligence that allowed a creditor to seize moveable property from a debtor. Its usage was recommended for abolishment by the Scottish Law Commission's Report on Poinding and Warrant Sales, (Scot Law Com No 177) (2000) and was formally abolished by the Abolition of Poindings and Warrant Sales Act 2001. Another type of diligence, real poinding, allowed a secured creditor to recover a debt by seizing goods held on the secured land by the 2001 Act.Abolition of Poindings and Warrant Sales Act 2001 s.1(3).
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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, the sole member of the Scottish Socialist Party in the Parliament. 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. The Scottish Executive eventually proposed the Debt Arrangement and Attachment Bill, which became the Debt Arrangement and Attachment Bill Act 2002 and repealed the Abolition of Poindings and Warrant Sales Act.
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The Debtors (Scotland) Act 1838 (1 & 2 Vict. c. 114), sometimes the Personal Diligence Act, was an Act of Parliament in the United Kingdom, signed into law on 16 August 1838. It amended the law of Scotland in matters relating to personal diligence - the ways in which the person or property of a debtor could be secured - arrestments and poindings (pronounced pindings). The effect was to simplify the form of proceedings and reduce their expense.
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Sheridan was a leading figure in negotiations to establish the Scottish Socialist Alliance in 1996, which evolved into the Scottish Socialist Party (SSP) in 1998. He became the convenor of the party and was elected to the Scottish Parliament in 1999 as a Glasgow representative and re-elected in 2003. Together with Alan McCombes he published Imagine, an outline of the principles of socialism for a modern era. Sheridan was active in implementing long-needed changes in Scottish law, including the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and the Abolition of Poindings and Warrant Sales Act 2001, which he introduced as bills in Holyrood on 6 December 2001.
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She became convener of the Social Justice Committee in 2001. In 2000 she became the first Labour MSP to rebel against the Labour-led administration when she threatened to lead backbenchers in voting against a planned Scottish Executive attempt to block the Abolition of Poindings and Warrant Sales Bill, which had been introduced by Sheridan. The move resulted in the withdrawal of the amendment, and a crucial parliamentary vote in favour of the legislation. At a session of First Minister's Questions in 2002, she narrowly avoided becoming the first MSP to be ejected from the parliament after continuing to speak when Presiding Officer David Steel had told her to sit down.
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This involved councils applying for a warrant from the local court to collect the money owed by non-payers. Sheriff officers (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.
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