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Regulation 5 Fees and outlays as interim or permanent trustee

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Any fees and outlays payable to the Accountant in Bankruptcy in respect of the exercise by him, or on his behalf, of his functions as interim or permanent trustee in a sequestration shall be due for payment from the sequestrated estate where—

(a)

he has made a determination of his fees and outlays, calculated in accordance with these Regulations, under and in accordance with, as appropriate, one of the following provisions in the 1985 Act namely:—

  • section 26A(3)(b)f1 (determination of fees and outlays where Accountant in Bankruptcy was interim trustee and some other person becomes permanent trustee);

  • section 53(1), as adapted by paragraph 9(2) of Schedule 2f2 (determination of fees and outlays at end of each accounting period where Accountant in Bankruptcy is permanent trustee);

  • section 58A(2)(c)f3 (determination of fees and outlays on discharge of Accountant in Bankruptcy as permanent trustee);

  • paragraph 9(1A) of Schedule 4f4 (determination of fees and outlays on discharge of Accountant in Bankruptcy as permanent trustee where offer of composition is approved); and

(b)

the period within which an appeal against such a determination may be taken to the sheriff under, as appropriate, one of the following provisions in the 1985 Act namely:—

  • section 26A(5) and (6);

  • section 53(4), as adapted by paragraph 9(2) of Schedule 2;

  • section 58A(5) and (6); and

  • paragraph 9(3) of Schedule 4,

has expired or, if an appeal is so taken, that appeal has been determined.

Annotations

Footnotes

f1

Section 26A was inserted by paragraph 15(1) of Schedule 1 to the Bankruptcy (Scotland) Act 1993.

f2

Paragraph 9(2) was substituted by paragraph 30(10) of Schedule 1 to the Bankruptcy (Scotland) Act 1993.

f3

Section 58A was inserted by paragraph 26 of Schedule 1 to the Bankruptcy (Scotland) Act 1993.

f4

Paragraph 9 of Schedule 4 was amended by paragraph 31(3) of Schedule 1 to the Bankruptcy (Scotland) Act 1993.