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Debtors (Scotland) Act 1987

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Changes over time for: Section 92

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Point in time view as at 31/12/2020.

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Debtors (Scotland) Act 1987, Section 92 is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

92 General provision relating to liability for expenses in court proceedings.S

(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.

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