LegalizeThe Bankruptcy Fees etc. (Scotland) Regulations 2012
Made: 18th April 2012
Laid before the Scottish Parliament: 20th April 2012
Coming into force in accordance with regulation 1(2)
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Citation and commencement
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Interpretation
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Fees and outlays as interim trustee or trustee
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Other fees
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Manner of payment
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Waiver of fees not permissible
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Repayment of fees - failure of protected trust deed
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Repayment of fees - refusal of bankruptcy restrictions order
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Consequential amendment of Bankruptcy (Scotland) Regulations 2008
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Trust deeds protected before 1st July 2012 – saving
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Revocation of Bankruptcy Fees (Scotland) Regulations 1993 etc.
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SCHEDULE 1 — TABLE OF FEES
PART 1 — Fees for Accountant in Bankruptcy as interim trustee or trustee in sequestration
| Column 1 | Column 2 | >Column 3 |
|---|---|---|
| (Functions) | (Rates) | (Former Rates) |
| 1.In respect of each hour of work in the exercise by the Accountant in Bankruptcy of that office’s functions as interim trustee in a sequestration where the Accountant in Bankruptcy is not appointed as trustee in that sequestration. | £100 per hour | £39 per hour for first 5hours; £69 per hour for each subsequent hour |
| 2.In respect of each hour of work in the exercise by the Accountant in Bankruptcy of that office’s functions as interim trustee or trustee in a sequestration, other than in respect of the realisation of assets in the sequestrated estate. | £100 per hour | £39 per hour for first 21hours; £69 per hour for each subsequent hour |
| 3.In respect of the exercise by the Accountant in Bankruptcy of that office’s functions as trustee in a sequestration in relation to the realisation of assets in the sequestrated estate— | ||
| 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— | ||
| on the first £10,000 or fraction thereof; | 15% of that amount | 5% of that amount |
| on the next £10,000 or fraction thereof; | 5% of that amount | 1% of that amount |
| on all further sums; | 2% of that amount | 0.5% of that amount |
| 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 the proceeds of sale (across all sums) | |
| on the first £10,000 or fraction thereof; | 15% of that amount | |
| on the next £10,000 or fraction thereof; | 5% of that amount | |
| on all further sums; | 2% of that amount | |
| 4.In respect of the exercise by the Accountant in Bankruptcy of that office’s functions as interim trustee or trustee in a sequestration in ingathering the estate of the debtor. | 25% of funds ingathered | None |
| 5.In respect of the exercise by the Accountant in Bankruptcy of that office’s functions as trustee in relation to the payment of dividends to creditors— | £78 plus £39 in respect of each creditor who is paid a dividend. | |
| on the first £10,000 or fraction thereof; | 10% of that amount | |
| on the next £10,000 or fraction thereof; | 5% of that amount | |
| on all further sums. | 2% of that amount |
PART 2 — Fees for other functions of the Accountant in Bankruptcy
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Functions) | (Fee Payable) | (Fee Formerly Payable) |
| 1.For registering award of sequestration. | £20.00 | (No change) |
| 2.For administration of— | ||
| any petition by a creditor, trustee under a protected trust deed or the executor of a deceased debtor; | £100.00 | £200.00 |
| any such petition where following award of sequestration the Accountant in Bankruptcy is the trustee (in addition to item2(a)). | £200.00 | None |
| 3.For supervising proceedings in sequestration— | ||
| where commissioners have been elected; | £139.00 | (No change) |
| where no commissioners have been elected; | £210.00 | (No change) |
| where the Accountant in Bankruptcy is the trustee. | £139.00 | (No change) |
| 4.For supervising payment of dividend to creditors where no commissioners have been elected. | £69.00 | (No change) |
| 5.For any special report to the court. | £69.00 | (No change) |
| 6.For considering and issuing a determination in an appeal against a determination of commissioners as to the outlays and remuneration payable to a 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. | (No change) |
| 7.For issuing a determination fixing the outlays and remuneration payable to— | 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. | (No change) |
| an interim trustee; or | 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. | (No change) |
| a 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. | (No change) |
| 8.For examination of the sederunt book and related work, in connection with the discharge of a trustee. | £36.00 | (No change) |
| 9.For granting a certificate of discharge to an interim trustee. | £36.00 | (No change) |
| 10.For granting a certificate of discharge to a debtor. | £11.00 | (No change) |
| 11.For providing a certified copy of an entry in the register of insolvencies. | £24.00 | (No change) |
| 12.For the certifying of any other document (excluding copying charges). | £17.00 | (No change) |
| 13.For providing a copy of any document— | ||
| by photocopying— | ||
| 10 pages or less; | £11.00 | (No change) |
| each page after first 10; | £0.32 | (No change) |
| in an electronic medium or by printout from records held on computer – per document. | £0.13 | (No change) |
| 14.For attendance at any meeting of creditors – fee per hour or part thereof, including travelling time. | £69.00 | (No change) |
| 15.For calling any meeting of creditors. | £36.00 | (No change) |
| 16.For attendance at any examination of the debtor – fee per hour or part thereof, including travelling time. | £69.00 | (No change) |
| 17.In respect of protected trust deeds— | ||
| (za) for publishing a notice in the register of insolvencies where— | ||
| (i) the notice is sent by the trustee using the electronic service provided by the Accountant in Bankruptcy; | £35.00 | None |
| (ii) the notice is sent by the trustee by any other method. | £90.00 | None |
| (a) for registering a protected trust deed[^f00014]; | £36.00 | (No change) |
| (b) for supervision of a trustee under a protected trust deed. | £100.00 per 12 month period of supervision beginning on the date of registration of the protected trust deed and ending on the discharge of the trustee (or part of such period). | £250.00 |
| 18.For auditing the accounts of a trustee under a protected trust deed and fixing the trustee’s 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. | (No change) |
| 19. For lodging any unclaimed dividend in an appropriate bank or institution set aside for payment to a creditor or creditors, in respect of each creditor on consignation. | £26.00 | (No change) |
| 20. For uplifting any unclaimed dividend consigned in an appropriate bank or institution, in respect of each creditor. | £26.00 | (No change) |
| 21. For determination of a debtor application. | £200.00 | £100.00 |
| 22. For an application for a bankruptcy restrictions order. | £250.00 | (No change) |
| 23. For accepting and issuing a bankruptcy restrictions undertaking. | £150.00 | (No change) |
| 24. For registering a court order appointing a replacement trustee. | £19.00 | (No change) |
| 25. For petitioning for the replacement of a trustee acting in more than one sequestration. | £200.00 | (No change) |
SCHEDULE 2 — REVOCATIONS
| Regulations revoked | References |
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| The Bankruptcy Fees (Scotland) Regulations 1993 | S.I. 1993/486; amended by S.I.1999/752 and S.S.I. 2007/220, 2008/5 and 79, 2009/97, 2010/76 and 2011/142. |
| The Bankruptcy Fees (Scotland) Amendment Regulations 1999 | S.I. 1999/752 |
| The Bankruptcy Fees (Scotland) Amendment Regulations 2007 | S.S.I. 2007/220 |
| The Bankruptcy Fees (Scotland) Amendment Regulations 2008 | S.S.I. 2008/5 |
| The Bankruptcy Fees (Scotland) Amendment (No. 2) Regulations 2008 | S.S.I. 2008/79 |
| The Bankruptcy Fees (Scotland) Amendment Regulations 2009 | S.S.I. 2009/97 |
| The Bankruptcy Fees (Scotland) Amendment Regulations 2010 | S.S.I. 2010/76 |
| The Bankruptcy Fees (Scotland) Amendment Regulations 2011 | S.S.I. 2011/142 |
Signed
FERGUS EWING — Authorised to sign by the Scottish Ministers — 18th April 2012
Explanatory note
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Footnotes
[^f00001]: 1985 c.66 (“the 1985 Act”). Section 5(4B)(b) was inserted by section 14(3)(b) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the 2007 Act”). Section 69A of the 1985 Act was inserted by section 8 of the Bankruptcy (Scotland) Act 1993 (c.6) (“the 1993 Act”). Section 72(1) was amended (and renumbered) by section 35 of the 2007 Act. Section 73(1) of the 1985 Act contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The 1985 Act was significantly amended by the 1993 Act, sections 1 to 8 and Schedule 1, by the 2007 Act, Part I (except for sections 3, 4, 33 and 34), schedule 1, schedule 5, paragraph 13, and schedule 6, Part 1, and by article 8 of S.S.I. 2008/82.
[^f00002]: Section 56A was inserted by section 2(1) of the 2007 Act.
[^f00003]: Section 56G was inserted by section 2(1) of the 2007 Act.
[^f00004]: Section 5(4A) was inserted by section 3(4) of the Bankruptcy (Scotland) Act 1993.
[^f00007]: Paragraph9(2)wassubstitutedbyparagraph30(10)ofSchedule1totheBankruptcy(Scotland)Act1993. type=start slip=2012-07-01 time=1342779803972Schedule 2 was repealed by section 11(6) of the Bankruptcy and Diligence etc. (Scotland) Act 2007, but saved by article 5(2) of S.S.I. 2008/115 in respect of sequestration petitions presented before the 1st April 2008.type=end slip=2012-07-01 time=1342779803972
[^f00009]: type=start slip=2012-07-01 time=1342779918334Paragraph 9(1A) was amended by paragraph 31(3) of Schedule 1 to the Bankruptcy (Scotland) Act 1993 (“the 1993 Act”) and paragraph 1 of Schedule 6 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (“the 2007 Act”).
[^f00010]: type=start slip=2012-07-01 time=1342780242293Paragraph 9(3) was amended by paragraph 31(3) of Schedule 1 to the 1993 Act and prospectively amended by section 21(5) of the 2007 Act.type=end slip=2012-07-01 time=1342780242293
[^f00012]: S.S.I. 2008/334, relevantly amended to substitute Form 9 by S.S.I. 2010/367.
[^f00013]: See regulation 3 of the Protected Trust Deeds (Scotland) Regulations 2008 (S.S.I. 2008/143), amended by S.S.I. 2010/398.
[^f00014]: Under regulation 10(2) of the Protected Trust Deeds (Scotland) Regulations 2008 (S.S.I. 2008/143), as amended by S.S.I.2010/398, regulation 7(c).
[^f00015]: S.S.I. 2008/143; regulation 10(2) was as amended by S.S.I.2010/398, regulation 7(c).
Other fees
Manner of payment
Waiver of fees not permissible
Repayment of fees - failure of protected trust deed
Repayment of fees - refusal of bankruptcy restrictions order
Consequential amendment of Bankruptcy (Scotland) Regulations 2008
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