The Bankruptcy Fees (Scotland) Regulations 2014

Manner of payment

8.  A fee payable to the Accountant in Bankruptcy for a function specified in Part 2 of the table of fees is due for payment—

(a) on the application for these services being made to the Accountant in Bankruptcy, in respect of—

(i) item 14 (removal of trustee and trustee not acting);

(ii) item 15 (declaration of office of trustee as vacant);

(iii) item 16 (replacement of trustee acting in more than one sequestration);

(iv) item 17 (appointment or reappointment of trustee where newly identified estate);

(v) item 18 (application by trustee for a direction);

(vi) item 19 (curing defects in procedure);

(vii) item 21 (conversion of trust deed into sequestration);

(b) in respect of the functions specified in item 2 (supervision of sequestration proceedings)—

(i) at the end of each 12 month period of supervision; or

(ii) if the trustee is discharged during a 12 month period, in advance of the granting of a certificate of discharge under section 57(3)(1) of the 1985 Act;

(c) in respect of the functions specified in item 8(c) (protected trust deed supervision)—

(i) at the end of each 12 month period of supervision; or

(ii) if the trustee is discharged during a 12 month period, in advance of the date of discharge of the trustee under regulation 25 of the Protected Trust Deeds (Scotland) Regulations 2013(2);

(d) in respect of the functions specified in item 12 (election of replacement trustee by trustee vote), on the submission of the relevant report to the Accountant in Bankruptcy;

(e) in respect of the functions specified in item 22 (determination of debtor applications)—

(i) on the application being made to the Accountant in Bankruptcy; and

(ii) if paragraph 1 of Schedule A1 to the 1985 Act(3) ceases to apply to the debtor, on receiving a request from the Accountant in Bankruptcy for the fee due under item 22(b) taking account of the fee already paid under item 22(a);

(f) in respect of any other such function, on performance by the Accountant in Bankruptcy of that function.

(1)

Section 57(3)(b) was amended by paragraph 1 of schedule 6(1) to the 2007 Act.

(2)

S.S.I. 2013/318.

(3)

Schedule A1 is inserted by section 5(2) of and schedule 1 to the 2014 Act (“minimal asset process” (MAP) cases considered under section 5(2ZA) of the 1985 Act).