# The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022, Rule 131: Claim that remuneration is excessive

Extent: S

(1) The following persons may apply to the court for an order that the administrator’s remuneration or outlays be reduced on the grounds that they are, in all the circumstances, excessive in respect of the administrator’s remuneration for services set out in rule 129(1)(a)—
(a) a secured creditor,
(b) any unsecured creditor or creditors representing at least twenty-five per cent in value of the unsecured creditors (including that creditor),
(c) a customer or customers whose relevant funds claims represent at least twenty-five per cent of all relevant funds claims,
(d) the FCA.
(2) A customer, with the concurrence of customers whose relevant funds claims represent at least twenty-five per cent of the total relevant funds claims, or with the permission of the court, may apply to the court for an order in paragraph (1) in respect of the administrator’s remuneration for services set out in rule 129(1)(b).
(3) An application under paragraphs (1) and (2) may be made on the grounds that the remuneration charged by the administrator is, or the expenses incurred by the administrator are, in all the circumstances, excessive.
(4) The application must be made no later than eight weeks after the end of an accounting period.
(5) The court may make an order fixing the remuneration or outlays at a reduced amount or rate.
(6) The court may order the expenses of the person making application to be paid as an expense of the special administration.

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Source: https://www.legislation.gov.uk/uksi/2022/1239/rule/131 (the official version)
Page: https://openlegislation.uk/payment-and-electronic-money-institution-insolvency-scotland-rules-2022/rule-131
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.