Regulation 11 Waiver of Fees

After regulation 9, insert–

“Waiver of Fees not Permissible

10

The fees in Part II of the Schedule to these Regulations payable to the Accountant in Bankruptcy may not be waived by the Accountant in Bankruptcy in whole or in part, but in respect of the fee payable under paragraph 18(b) of that Part of that Schedule, the Accountant in Bankruptcy may agree to its being paid in two instalments.

Refusal of Bankruptcy Restrictions Order

11

Where a sheriff does not grant an application under section 56A(1) of the 1985 Act, the sheriff may hold that in the circumstances of the case it was not reasonable to make the application.

Return of Fees

12

Any fee charged by the Accountant in Bankruptcy under paragraph 23 of Part II of the Schedule to these Regulations shall be repaid if the application for a bankruptcy restrictions order is not granted under section 56A(1) of the 1985 Act in circumstances where the sheriff holds that it was not reasonable to make the application.”.