Statutory Instrument 1999 No. 752 (S. 56)

The Bankruptcy Fees (Scotland) Amendment Regulations 1999

---

© Crown Copyright 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Bankruptcy Fees (Scotland) Amendment Regulations 1999 , ISBN 0 11 059004 X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the principal Regulations" means the Bankruptcy Fees (Scotland) Regulations 1993[2].

Amendment of the principal Regulations
     3. In regulation 2 of the principal Regulations (interpretation) after the definition of "the 1985 Act", the word "and," shall be omitted and there shall be inserted-

" "enactment" includes an enactment comprised in subordinate legislation;
"expenses of realisation" means any outlays incurred by the permanent trustee in realising the debtor's estate which in the course of normal business practice are deducted from the price payable to him;
"statutory fee" means any fee payable under an enactment;
"trading expenses" means any outlays incurred by the permanent trustee in the carrying on of any business of the debtor;".

     4. For the Schedule to the principal Regulations there shall be substituted-

" SCHEDULERegulations 3 and 6


TABLE OF FEES



PART I
Regulation 3





Column 1	Column 2
(Functions)	(Rates)
1. In respect of the exercise by or on behalf of the Accountant in Bankruptcy of his functions as interim trustee in a sequestration where he is not appointed as permanent trustee in that sequestration- (a) in respect of each of the first five hours of work;	£31 per hour
(b) in respect of each subsequent hour of work	£55 per hour
2. In respect of the exercise by or on behalf of the Accountant in Bankruptcy of his functions as interim and permanent trustee, or as permanent trustee, in a sequestration, other than in respect of the realisation of assets in the sequestrated estate- (a) in respect of each of the first 21 hours of work;	£31 per hour
(b) in respect of each subsequent hour of work	£55 per hour
3. In respect of the exercise by or on behalf of the Accountant in Bankruptcy of his functions as permanent trustee in a sequestration in relation to the realisation of assets in the sequestrated estate- (a) in respect of the total price paid in a transaction by the purchaser of heritable property, including any interest paid thereon, but after the deduction of any sums paid to secured creditors in respect of their securities over that property- (i) on the first £10,000 or fraction thereof;	5% of that amount
(ii) on the next £10,000 or fraction thereof;	1% of that amount
(iii) on all further sums;	0.5% of that amount
(b) in respect of the proceeds of the sale of moveable property, after the deduction of the expenses of sale and any sums paid to secured creditors in respect of their securities over that property.	5% of that amount
4. In respect of the exercise on behalf of the Accountant in Bankruptcy of his functions as permanent trustee in relation to the payment of dividends to creditors.	Whichever is the greater of - (a) the sum payable for the total work carried out at a rate of £30 per hour; or (b) £60 plus £30 in respect of each creditor who is paid a dividend






PART II
Regulation 6





Column 1	Column 2
(Functions)	(Fee Payable)
1. For registering award of sequestration	£16.00
2. For registering copy act and warrant	£16.00
3. For supervising proceedings in sequestration- (a) where commissioners have been elected;	£110.00
(b) where no commissioners have been elected;	£165.00
(c) where the Accountant in Bankruptcy is the permanent trustee	£110.00
4. For supervising payment of dividend to creditors where no commissioners have been elected	£55.00
5. For any special report to the court	£55.00
6. For considering and issuing a determination in an appeal against a determination of commissioners as to the outlays and remuneration payable to a permanent trustee	5% of the sum remaining on deduction from the sum of outlays and remuneration determined by the Accountant in Bankruptcy of any outlays incurred by way of statutory fees, trading expenses or expenses of realisation
7. For issuing a determination fixing the outlays and remuneration payable to- (a) an interim trustee; or (b) a permanent trustee	17.5% of the sum remaining on deduction from the sum of outlays and remuneration determined of any outlays incurred by way of statutory fees, trading expenses or expenses of realisation
8. For examination of the sederunt book and related work, in connection with the discharge of a permanent trustee	£28.00
9. For granting a certificate of discharge to an interim trustee	£28.00
10. For granting a certificate of discharge to a debtor	£ 8.00
11. For providing a certified copy of an entry in the register of insolvencies	£19.00
12. For the certifying of any other document (excluding copying charges)	£13.00
13. For providing a copy of any document- (a) by photocopying- (i) 10 pages or less	£ 8.00
(ii) each page after first 10	£ 0.25
(b) in an electronic medium or by printout from records held on computer - per document	£ 0.10
14. For searches in the register of insolvencies- (a) where the search is carried out by staff of the Accountant in Bankruptcy - for each half hour or part thereof	£16.00
(b) where searches are carried out by remote direct access by computer - for each half hour or part thereof	£16.00
15. For attendance at any meeting of creditors - fee per hour or part thereof, including travelling time	£55.00
16. For calling any meeting of creditors	£28.00
17. For attendance at any examination of the debtor - fee per hour or part thereof, including travelling time	£55.00
18. For registering protected trust deed	£28
19. For auditing the accounts of a trustee under a protected trust deed and fixing his remuneration	5% of the sum remaining on deduction from the sum of outlays and remuneration determined of any outlays incurred by way of statutory fees, trading expenses or expenses of realisation
20. For lodging any sum in an appropriate bank or institution on consignation	£10.00
21. For uplifting any sum lodged in an appropriate bank or institution on consignation	£10.00"

Henry B McLeish
Minister of State, Scottish Office

St Andrew's House, Edinburgh
4th March 1999



We concur,


Clive Betts

Bob Ainsworth
Two of the Lords Commissioners of Her Majesty's Treasury

8th March 1999

[2] S.I. 1993/486.back