(1)No award of expenses shall be made in a small claim in which the value of the claim does not exceed such sum as the Lord Advocate shall prescribe by order.
(2)Any expenses which the sheriff may award in any other small claim shall not exceed such sum as the Lord Advocate shall prescribe by order.
(3)Subsections (1) and (2) above do not apply to a party to a small claim—
(a)who being a defender—
(i)has not stated a defence; or
(ii)having stated a defence, has not proceeded with it; or
(iii)having stated and proceeded with a defence, has not acted in good faith as to its merits; or
(b)on whose part there has been unreasonable conduct in relation to the proceedings or the claim;
nor do they apply in relation to an appeal to the sheriff principal.
(4)An order under this section shall be by statutory instrument but shall not be made unless a draft of it has been approved by a resolution of each House of Parliament.]
Textual Amendments
F1Ss. 36A, 36B inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 36:1), s. 18(2)
Modifications etc. (not altering text)
C1s. 36B: power to transfer functions conferred (19.5.1999) by S.I. 1999/678, art. 2(1), Sch.