Article 78 Sums received by clerk of courtI1

This section applies if a clerk of court receives sums on account of the amount payable under a registered external order or the value of the property specified in the order.

The clerk of court’s receipt of the sums reduces the amount payable under the order, but he must apply the sums received as follows.

First he must apply them in payment of such expenses incurred by a person acting as an insolvency practitioner as—

If the Lord Advocate has reimbursed the administrator in respect of remuneration or expenses under article 80 the clerk of court must next apply the sums in reimbursing the Lord Advocate.

If the clerk of court received the sums under article 77 he must next apply them in payment of the administrator’s remuneration and expenses.

If the clerk of court received the sums from an appropriate officer under article 77 or 86D, the clerk of court must next apply them in payment to an appropriate officer of any amount to which the officer is entitled by virtue of article 86B.

If any amount remains after the clerk of court makes any payments required by the preceding paragraphs of this article, the amount must be disposed of in accordance with F3section 211(6) of the Criminal Procedure (Scotland) Act 1995^f1 as if it were a fine imposed F4under that Act.