The Bankruptcy Fees (Scotland) Amendment (No. 2) Regulations 2008

Contents

1Citation and commencement#

These Regulations may be cited as the Bankruptcy Fees (Scotland) Amendment (No. 2) Regulations 2008 and come into force on 1st April 2008.

2Amendment of the Bankruptcy Fees (Scotland) Regulations 1993#

(1)The Bankruptcy Fees (Scotland) Regulations 1993 are amended in accordance with regulations 3 to 12 of these Regulations.

(2)Any reference to an amendment of a regulation or Schedule is a reference to an amendment of a regulation or Schedule of the Bankruptcy Fees (Scotland) Regulations 1993.

3Amendment of regulation 2#

In regulation 2, after the entry for “the 1985 Act”, insert–“• “Bankruptcy restrictions order” means an order made under section 56A of the 1985 Act;• “Bankruptcy restrictions undertaking” means an undertaking offered in terms of section 56G of the 1985 Act;”

4Amendment of regulation 3#

In regulation 3, for “or permanent” where it occurs in the cross heading, and in the regulation, substitute “trustee or”.

5Amendment of regulation 4#

In regulation 4, for “or permanent” in each place occurring, substitute “trustee or”.

6Amendment of regulation 5#

In regulation 5, for “or permanent” substitute “trustee or” and, where elsewhere occurring, omit “permanent”.

7Amendment of regulation 6#

In regulation 6, for “or permanent” substitute “trustee or”.

8Amendment of regulation 7#

In regulation 7, for “or permanent” substitute “trustee or”.

9Amendment of regulation 8#

In regulation 8, at the end of paragraph (a), omit “and” and insert after paragraph (b)–“• ; and(a) in respect of the function in paragraph 22 (determination of a debtor application) on the relevant application being made whether or not it is subsequently determined in favour of the applicant”

10Amendment of regulation 9#

In regulation 9, after “photocopying)”, omit “and”, and after “insolvencies)” insert “and 22. (determination of a debtor application)”.

11Waiver of Fees#

After regulation 9, insert–“10 The fees in Part II of the Schedule to these Regulations payable to the Accountant in Bankruptcy may not be waived by the Accountant in Bankruptcy in whole or in part, but in respect of the fee payable under paragraph 18(b) of that Part of that Schedule, the Accountant in Bankruptcy may agree to its being paid in two instalments.11 Where a sheriff does not grant an application under section 56A(1) of the 1985 Act, the sheriff may hold that in the circumstances of the case it was not reasonable to make the application.12 Any fee charged by the Accountant in Bankruptcy under paragraph 23 of Part II of the Schedule to these Regulations shall be repaid if the application for a bankruptcy restrictions order is not granted under section 56A(1) of the 1985 Act in circumstances where the sheriff holds that it was not reasonable to make the application.”

12Amendment of Schedule#

The Schedule is amended as follows–

(a)in Part I–

(i)in paragraph 1, omit “permanent”; and

(ii)in paragraph 2, for “and permanent trustee, or as permanent trustee,” substitute “trustee or trustee”;

(b)in Part II–

(i)omit paragraph 2;

(ii)for paragraph 18 substitute–“18 In respect of protected trust deeds–a for registering a protected trust deedb for supervision of the trustee of a protected trust deed”

(iii)after paragraph 21 insert–“22 For determination of a debtor application23 For an application for a bankruptcy restrictions order24 For accepting and issuing a bankruptcy restrictions undertaking25 For registering a court order appointing a replacement trustee26 For petitioning for the replacement of a trustee acting in more than one sequestration”

13Savings Provision#

Notwithstanding regulation 2(1), in respect of petitions and applications for sequestration lodged, or protected trust deeds granted, before 1st April 2008 the Bankruptcy Fees (Scotland) Regulations 1993 shall continue to have effect as if the amendments made by these Regulations had not been made.

Contains public sector information licensed under the Open Government Licence v3.0.