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The Bankruptcy Fees (Scotland) Amendment Regulations 2009

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Regulation 2(e)

SCHEDULE

The substituted Schedule to the Bankruptcy Fees (Scotland) Amendment Regulations 2009 is as follows.

Regulations 3 and 6

SCHEDULETABLE OF FEES

PART I

Column 1Column 2Column 3
(Functions)(Rates)(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–

(a)in respect of each of the first five hours of work;

£39 per hour£37 per hour

(b)in respect of each subsequent hour of work.

£69 per hour£66 per hour

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–

(a)in respect of each of the first 21 hours of work;

£39 per hour£37 per hour

(b)in respect of each subsequent hour of work.

£69 per hour£66 per hour

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–

(a)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–

(i)on the first £10,000 or fraction thereof;

5% of that amount(No change)

(ii)on the next £10,000 or fraction thereof;

1% of that amount(No change)

(iii)on all further sums;

0.5% of that amount(No change)

(b)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.

5% of that amount(No change)

4.  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.

£78 plus £39 in respect of each creditor who is paid a dividend.£74 plus £37 in respect of each creditor who is paid a dividend.

PART II

Column 1Column 2Column 3
(Functions)(Fee Payable)(Fee Formerly Payable)

1.  For registering award of sequestration.

£20.00£19.00

2.  For administration of a creditor’s petition.

£100.00None

3.  For supervising proceedings in sequestration–

(a)where commissioners have been elected;

£139.00£132.00

(b)where no commissioners have been elected;

£210.00£200.00

(c)where the Accountant in Bankruptcy is the trustee.

£139.00£132.00

4.  For supervising payment of dividend to creditors where no commissioners have been elected.

£69.00£66.00

5.  For any special report to the court.

£69.00£66.00

6.  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.(No change)

7.  For issuing a determination fixing the outlays and remuneration payable to–

(a)an interim trustee; or

(b)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.(No change)

8.  For examination of the sederunt book and related work, in connection with the discharge of a trustee.

£36.00£34.00

9.  For granting a certificate of discharge to an interim trustee.

£36.00£34.00

10.  For granting a certificate of discharge to a debtor.

£11.00£10.00

11.  For providing a certified copy of an entry in the register of insolvencies.

£24.00£23.00

12.  For the certifying of any other document (excluding copying charges).

£17.00£16.00

13.  For providing a copy of any document–

(a)by photocopying–

(i)10 pages or less;

£11.00£10.00

(ii)each page after first 10;

£0.32£0.30

(b)in an electronic medium or by printout from records held on computer – per document.

£0.13£0.12

14.  For searches in the register of insolvencies–

(a)where the search is carried out by staff of the Accountant in Bankruptcy – for each search in respect of a debtor;

£17.00£16.00

(b)where searches are carried out by remote direct access by computer – for each day from 0000 hours to 2359 hours;

£17.00£16.00

(c)where searches are carried out by remote direct access by computer – for each year or part thereof;

£4,200.00£4,000.00

(d)where searches are carried out by remote direct access by computer by non profit making bodies established in the UK including the Scottish Executive, UK Government Departments, Police and Credit Unions, on proof to the satisfaction of the Accountant in Bankruptcy of non profit making status;

£nil(No change)

(e)where searches are carried out by remote direct access by computer by persons acting as agents of the Accountant in Bankruptcy.

£nil(No change)

15.  For attendance at any meeting of creditors – fee per hour or part thereof, including travelling time.

£69.00£66.00

16.  For calling any meeting of creditors.

£36.00£34.00

17.  For attendance at any examination of the debtor – fee per hour or part thereof, including travelling time.

£69.00£66.00

18.  In respect of protected trust deeds–

(a)for registering a protected trust deed;

£36.00£34.00

(b)for supervision of the trustee of a protected trust deed.

£200.00(No change)

19.  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.(No change)

20.  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.

£13.00£12.00

21.  For uplifting any sum lodged in an appropriate bank or institution, in respect of each creditor on consignation.

£13.00£12.00

22.  For determination of a debtor application.

£100.00(No change)

23.  For an application for a bankruptcy restrictions order.

£250.00(No change)

24.  For accepting and issuing a bankruptcy restrictions undertaking.

£150.00(No change)

25.  For registering a court order appointing a replacement trustee.

£19.00(No change)

26.  For petitioning for the replacement of a trustee acting in more than one sequestration.

£200.00(No change)

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