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Debtors (Scotland) Act 1987

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This is the original version (as it was originally enacted).

92General provision relating to liability for expenses in court proceedings

(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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