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SCHEDULE 3SExpenses of money attachment

Circumstances where no expenses are due to or by either partyS

3Subject to paragraph 4 below, the debtor shall not be liable to the creditor nor the creditor to the debtor for any expenses incurred by the other party in connection with—

(a)an application under section 181(1), 185(1) or 186 of this Act;

(b)any objections to such an application;

(c)an opposition, under section 183(6) of this Act, to an application for a payment order;

(d)a hearing held by virtue of section 183(8), 186(6) or 190(7) of this Act.

4If—

(a)an application mentioned in paragraph 3(a) above is frivolous;

(b)such an application is opposed on frivolous grounds;

(c)an application for a payment order is opposed on frivolous grounds; or

(d)a party requires, on frivolous grounds, a hearing mentioned in paragraph 3(d) above to be held,

the sheriff may award a sum of expenses, not exceeding such amount as may be prescribed by the Scottish Ministers by regulations, against the party acting frivolously in favour of the other party.

Annotations:

Commencement Information

I1Sch. 3 para. 4 wholly in force at 23.11.2009; Sch. 3 para. 4 not in force at Royal Assent see s. 227; Sch. 3 para. 4 in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10); Sch. 3 para. 4 in force at 23.11.2009 in so far as not already in force by S.S.I. 2009/369, art. 3 (with transitional modifications in art. 4)

5Paragraphs 3 and 4 above do not apply to expenses incurred in connection with an appeal under section 194(1).