The Bankruptcy Fees (Scotland) Regulations 2014

Fees and outlays as interim trustee or trustee

5.  Any fees and outlays payable to the Accountant in Bankruptcy in respect of the exercise by, or on behalf of, that office of its functions as interim trustee or trustee in a sequestration are due for payment from the sequestrated estate where—

(a) the Accountant in Bankruptcy has made a determination of its fees and outlays calculated in accordance with these Regulations, under and in accordance with, as appropriate, one of these provisions of the 1985 Act—

(i) section 26A(3)(b)(1) (determination of fees and outlays where Accountant in Bankruptcy was interim trustee and some other person becomes trustee);

(ii) section 53(1), as modified by section 53A(2)(2) (determination of fees and outlays at end of each accounting period where Accountant in Bankruptcy is trustee);

(iii) section 58A(4)(a)(3) (determination of fees and outlays on discharge of Accountant in Bankruptcy as trustee); and

(b) the period within which an appeal against such a determination may be taken to the sheriff has expired or, if an appeal is so taken, that appeal has been determined, under, as appropriate, one of these provisions of the 1985 Act—

(i) section 26A(5) and (6)(4);

(ii) section 53(4), as modified by section 53A(2);

(iii) section 58A(5) and (6)(5).

(1)

Section 26A was inserted by paragraph 15(1) of Schedule 1 to the 1993 Act.

(2)

Section 53A was inserted by paragraph 46 of schedule 1 to the 2007 Act.

(3)

Section 58A was inserted by paragraph 26 of Schedule 1 to the 1993 Act. Section 58A(4)(a) is amended by paragraph 32 of schedule 3 to the 2014 Act.

(4)

Section 26A(5) and (6) is amended by section 40(1)(c) and (d) of the 2014 Act.

(5)

Section 58A(5) and (6) is amended by section 42(2)(c) and (d) of the 2014 Act.