LegalizeThe Bankruptcy Fees (Scotland) Regulations 2014
Made: 20th August 2014
Laid before the Scottish Parliament: 21st August 2014
Coming into force: 1st April 2015
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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 - refusal of bankruptcy restrictions order
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Sequestrations and trust deeds before 1st April 2015
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Revocation of Bankruptcy Fees etc. (Scotland) Regulations 2012
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SCHEDULE — TABLE OF FEES
PART 1 — Fees for Accountant in Bankruptcy as interim trustee or trustee in sequestration
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Functions) | (Fee Payable) | (Former Rates) |
| 1. In respect of 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. | £200.00 | £100 per hour for each hour of work done |
| 2.In respect of 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;ingathering debtor’s contributions; andpayment of dividends to creditors. | £1,100.00 | £100 per hour for each hour of work done |
| 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 of that sum; | 15% of that amount | (No change) |
| on the next £10,000 or fraction of that sum; | 5% of that amount | (No change) |
| on all further sums; | 2% of that amount | (No change) |
| 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— | ||
| on the first £10,000 or fraction of that sum; | 15% of that amount | (No change) |
| on the next £10,000 or fraction of that sum; | 5% of that amount | (No change) |
| on all further sums; | 2% of that amount | (No change) |
| 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 debtor’s contributions. | 25% of funds ingathered | (No change to fee; function formerly in respect of ingathering debtor’s estate) |
| 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— | ||
| on the first £10,000 or fraction of that sum; | 10% of that amount | (No change) |
| on the next £10,000 or fraction of that sum; | 5% of that amount | (No change) |
| on all further sums. | 1% of that amount | 2% of that amount |
PART 2 — Fees for other functions of the Accountant in Bankruptcy
| Column 1 | Column 2 | Column 2 | Column 3 | Column 3 |
|---|---|---|---|---|
| (Functions) | (Fee Payable) | (Fee Payable) | (Fee Formerly Payable) | (Fee Formerly Payable) |
| 1.For administration of— | ||||
| any petition by a creditor or trustee under a protected trust deed; | £100.00 | £100.00 | (No change to fee, but petition by executor of a deceased debtor is now administered by debtor application – see item 22(b)) | (No change to fee, but petition by executor of a deceased debtor is now administered by debtor application – see item 22(b)) |
| any such petition where following award of sequestration the Accountant in Bankruptcy is the trustee. | £200.00 | £200.00 | (No change) | (No change) |
| 2.For supervising proceedings in sequestration— | ||||
| where commissioners have been elected; | (a) | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period) for the first 12 month period (or part of such period); and | Where applicable— | Where applicable— |
| where commissioners have been elected; | (a) | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period) for the first 12 month period (or part of such period); and | (a) | £139.00 for supervising proceedings; |
| where commissioners have been elected; | (a) | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period) for the first 12 month period (or part of such period); and | (b) | £20.00 for registering award of sequestration; |
| where commissioners have been elected; | (a) | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period) for the first 12 month period (or part of such period); and | (c) | £69.00 for any special report to the court; |
| (b) | thereafter £50.00 per 12 month period of supervision throughout which commissioners are in post (or part of such period). | (d) | £36.00 for examination of the sederunt book and related work, in connection with the discharge of a trustee; | |
| (e) | £36.00 for granting a certificate of discharge to an interim trustee. | |||
| where no commissioners have been elected; | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | Where applicable— | Where applicable— |
| where no commissioners have been elected; | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | (a) | £210.00 for supervision of trustee; |
| where no commissioners have been elected; | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | (b) | £20.00 for registering award of sequestration; |
| where no commissioners have been elected; | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | (c) | £69.00 for supervising payment of dividend to creditors where no commissioners have been elected; |
| where no commissioners have been elected; | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | (d) | £69.00 for any special report to court; |
| where no commissioners have been elected; | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | £70.00 per 12 month period of supervision beginning on the date of appointment of the trustee and ending on discharge of the trustee (or part of such period). | (e) | £36.00 for examination of the sederunt book and related work, in connection with the discharge of a trustee; |
| (f) | £36.00 for granting a certificate of discharge to an interim trustee. | |||
| 3.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. | 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) | (No change) |
| 4.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. | 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) | (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. | 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) | (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. | 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) | (No change) |
| 5.For attendance at any meeting of creditors – fee per hour or part thereof, including travelling time. | £69.00 | £69.00 | (No change) | (No change) |
| 6.For calling any meeting of creditors. | £36.00 | £36.00 | (No change) | (No change) |
| 7.For attendance at any examination of the debtor – fee per hour or part thereof, including travelling time. | £69.00 | £69.00 | (No change) | (No change) |
| 8.In respect of protected trust deeds— | ||||
| for publishing a notice in the register of insolvencies where— | ||||
| the notice is sent by the trustee using the electronic service provided by the Accountant in Bankruptcy; | £35.00 | £35.00 | (No change) | (No change) |
| the notice is sent by the trustee by any other method; | £90.00 | £90.00 | (No change) | (No change) |
| for registering a protected trust deed[^f00018]; | £36.00 | £36.00 | (No change) | (No change) |
| 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). | £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). | (No change) | (No change) |
| 9.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. | 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) | (No change) |
| 10. 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 | £26.00 | (No change) | (No change) |
| 11. For uplifting any unclaimed dividend consigned in an appropriate bank or institution, in respect of each creditor. | £26.00 | £26.00 | (No change) | (No change) |
| 12. For receiving a report of proceedings at the statutory meeting to elect a replacement trustee, other than following the death of a trustee acting in only one sequestration. | £50.00 | £50.00 | None | None |
| 13. For appointing a replacement trustee where the original trustee has resigned and no new trustee is elected by trustee vote. | £50.00 | £50.00 | None | None |
| 14. For considering and making an order in relation to an application for removal of a trustee by commissioners or a person representing at least one quarter in value of the creditors. | £50.00 | £50.00 | None | None |
| 15. For considering and making a declaration and any necessary order in relation to an application for declaration of the office of trustee as vacant by commissioners, a debtor or a creditor. | £50.00 | £50.00 | None | None |
| 16. For making a determination or appointment on receipt of an application by a person with an interest for the replacement of a trustee acting in more than one sequestration. | £50.00 | £50.00 | None | None |
| 17. For appointing a trustee where newly identified estate is discovered after the trustee’s discharge, on receipt of an application by the trustee who was discharged. | £50.00 | £50.00 | None | None |
| 18. For giving a direction on receipt of an application by a trustee in relation to a particular matter arising in the sequestration. | £50.00 | £50.00 | None | None |
| 19. For issuing an order curing defects in procedure on receipt of an application by any person having an interest. | £50.00 | £50.00 | None | None |
| 20. For determination of an application for recall of sequestration (except on direction of a sheriff). | £100.00 | £100.00 | None | None |
| 21. For considering and making any order in relation to an application by a member State liquidator or member State insolvency practitioner for conversion of a trust deed into sequestration. | £50.00 | £50.00 | None | None |
| 22. For determination of a debtor application in relation to— | ||||
| a debtor who has few assets[^f00019]; | £90.00 | £90.00 | £200 | £200 |
| any other debtor. | £200.00 | £200.00 | (No change to fee, but fee now applicable to executor of deceased debtor) | (No change to fee, but fee now applicable to executor of deceased debtor) |
| 23. For an application to the court or the Accountant in Bankruptcy for a bankruptcy restrictions order. | £250.00 | £250.00 | (No change) | (No change) |
| 24. For registering a court order appointing a replacement trustee. | £19.00 | £19.00 | (No change) | (No change) |
Signed
FERGUS EWING — Authorised to sign by the Scottish Ministers — 20th August 2014
Explanatory note
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Footnotes
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