The Bankruptcy Fees (Scotland) Regulations 2018

Interpretation

2.  In these Regulations, unless the context otherwise requires—

“the Act” means the Bankruptcy (Scotland) Act 2016;

“Accountant in Bankruptcy (or “AiB”) is to be construed in accordance with section 199 of the Act;

“bankruptcy restrictions order” has the meaning given by section 155(1) of the Act;

“debtor’s contribution” has the meaning given by section 89(1) of the Act;

“expenses of realisation” means any outlays incurred by the trustee in realising the debtor’s estate which in the course of normal business practice are deducted from the price payable to the trustee;

“member State insolvency practitioner” has the meaning given by section 228(1) of the Act(1);

“table of fees” means the Table of Fees in the schedule;

“statutory fee” means any fee payable under an enactment;

“the statutory meeting” has the meaning given by section 43 of the Act;

“trading expenses” means any outlays incurred by the trustee in the carrying on of any business of the debtor;

“trust deed”, where granted before 1st April 1993, means a voluntary trust deed granted by or on behalf of a debtor, whereby the debtor’s estate is conveyed to the trustee for the benefit of the creditors of that debtor generally and, where granted on or after that date, has the meaning given by section 228(1) of the Act; and

“trustee vote” is to be construed in accordance with section 49(1) and (2) of the Act.

(1)

The definition “member State insolvency practitioner” was inserted by S.S.I. 2017/210. It replaces the term “member State liquidator”. A member State insolvency practitioner is a person falling within Article 2(5) of Regulation (EU) 2015/848 on insolvency proceedings (OJ L 141, 5.6.2015, p.19) appointed in proceedings to which it applies in a member State other than the UK.