PART VII

MISCELLANEOUS AND GENERAL

General provision relating to liability for expenses in court proceedings.
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1
Subject to subsection (2) below, a debtor shall not be liable to a creditor, nor a creditor to a debtor, for any expenses incurred by the other party in connection with an application, any objections to an application, or a hearing, under any provision of this Act.
2
If—
a
an application under any provision of this Act is frivolous;
b
such an application is opposed on frivolous grounds; or
c
a party requires a hearing under any provision of this Act to be held on frivolous grounds,
the sheriff may award a sum of expenses, not exceeding £25 or such amount as may be prescribed in regulations made by the Lord Advocate, against the party acting frivolously in favour of the other party.
3
Subsections (1) and (2) above do not apply to—
a
expenses of poinding and sale for which provision is made in Schedule 1 to this Act or paragraphs 25 to 34 of Schedule 5 to this Act; or
b
expenses incurred—
i
under section 1 of this Act;
ii
in connection with an appeal under any provision of this Act; or
iii
by or against a person other than the debtor or a creditor in connection with an application under any provision of this Act.