The Bankruptcy Fees (Scotland) Amendment Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Bankruptcy Fees (Scotland) Regulations 1993 (“the principal Regulations”) to prescribe amended fees payable to the Accountant in Bankruptcy in respect of the exercise of the Accountant in Bankruptcy’s functions under the Bankruptcy (Scotland) Act 1985. The fee formerly payable under the principal Regulations is shown in column 3 of the table of fees set out in the Schedule substituted by these Regulations, except that where there is no change this is expressly stated.

These Regulations also amend the principal Regulations to prescribe an additional fee payable to the Accountant in Bankruptcy in respect of the exercise of the Accountant in Bankruptcy’s functions in connection with the administration of creditor’s petitions under the Bankruptcy (Scotland) Act 1985. This fee appears at item 2 in Part II of the Schedule substituted by these Regulations.

These Regulations amend regulation 3 of the principal Regulations to disapply the fees payable in Part I of the table of fees in the Schedule to those Regulations by an interim trustee or trustee in sequestration acting on behalf of the Accountant in Bankruptcy, and amend regulation 4 to enable the actual fees paid to such persons to be recovered as outlays.