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SCHEDULE 3SExpenses of money attachment

(introduced by section 196(1))

Expenses chargeable against the debtorS

1There is to be chargeable against the debtor any expenses incurred—

(a)subject to section 90(7) of the 1987 Act, in serving a charge;

(b)in executing a money attachment;

(c)in relation to a valuation arranged under section 180(1) of this Act (including the fees and outlays of the person who carried out the valuation);

(d)in making a report under section 182(1) of this Act but not in applying for an extension of time for the making of such a report;

(e)in applying for a payment order under section 183(2) of this Act;

(f)in granting a receipt and making a report to the sheriff under section 188(4) of this Act;

(g)in giving a statement under section 189(1) of this Act;

(h)in removing money from the place at which is was found;

(i)in opening shut and lockfast places for that purpose;

(j)by a solicitor in instructing [F1an officer of court] to take any of the steps specified in this paragraph.

2Expenses chargeable against the debtor by virtue of paragraph 1(e) above must be calculated, whether or not the application is opposed by the debtor, as if it were unopposed.

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).