(1) The sheriff may apply to the Court for an order permitting the sale of the land under this Part if—
(a) a charge over the land has been recorded under this Part for at least 3 months; and
(b) an amount is owing under the charge; and
(c) the sheriff has attempted, but has failed to recover the amount owing under the charge.
(2) The Court may make an order permitting the sheriff to sell the land under this Part if satisfied as to the matters referred to in subsection (1)(a) to (c).