Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

SCHEDULE 3 S Expenses of money attachment

Circumstances where no expenses are due to or by either party S

4 S If—

(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.

Commencement Information

I1 Sch. 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)