2010 No. 76

InsolvencyBankruptcy

The Bankruptcy Fees (Scotland) Amendment Regulations 2010

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 69A, 72 and 73(1) of the Bankruptcy (Scotland) Act 19851 and all other powers enabling them to do so.

Citation and commencement1

These Regulations may be cited as the Bankruptcy Fees (Scotland) Amendment Regulations 2010 and come into force on 1st April 2010.

Amendment of the Bankruptcy Fees (Scotland) Regulations 19932

In Part II of the Schedule to the Bankruptcy Fees (Scotland) Regulations 19932

a

in Column 2 of item 2 (for administration of a creditor’s petition), for “£100.00” substitute “£200.00”;

b

in Column 3 of item 2, for “None” substitute “£100.00”;

c

omit item 14 (for searches in the register of insolvencies);

d

in Column 2 of item 18(b) (for supervision of the trustee of a protected trust deed), for “£200.00” substitute “£250.00”;

e

in Column 3 of item 18(b), for “(No change)” substitute “£200.00”.

Savings provision3

Notwithstanding regulation 2, in respect of petitions and applications for sequestration lodged, and protected trust deeds granted, before 1st April 2010, the Bankruptcy Fees (Scotland) Regulations 1993 shall continue to have effect as if the amendments made by these Regulations had not been made.

FERGUS EWINGA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Bankruptcy Fees (Scotland) Regulations 1993 to prescribe amended fees payable to the Accountant in Bankruptcy in respect of the exercise of certain of the Accountant in Bankruptcy’s functions under the Bankruptcy (Scotland) Act 1985.

In particular, the Regulations increase the fees for the administration of a creditor petition and for the supervision of the trustee in a protected trust deed. The fees in respect of searches in the register of insolvencies are removed.

The Regulations only apply to petitions and applications for sequestration lodged or trust deeds granted on or after 1st April 2010.