Sheriff Act 2009

This section applies if the sheriff—

in accordance with Division 5, seizes recoverable property; or

in accordance with Division 6, receives an amount of money from a person.

The sheriff, without delay, must give a receipt to, as the case requires—

the person who was in possession of the property seized;

the person who—

made a payment in respect of a notice of final demand in accordance with section 26; or

paid an amount or part of an amount stated in a money warrant under section 27.

In addition, the sheriff, without delay, must take all necessary steps to obtain in respect of that amount the effectual discharge of the debt owed by the person named or described in the money warrant.

Despite subsection (3), if an amount stated in a money warrant is paid in whole or in part by a third party under section 27, the sheriff must not apply the payment to the discharge of the debt owed by the person named or described in the money warrant until 28 days after the payment is received by the sheriff.

If the sheriff does not comply with this section, the sheriff is liable to pay any damage incurred by, as the case requires, the person to whom the notice of final demand was issued or the person named or described in the warrant in consequence of the non-compliance.