OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1997 (“the 1997 Order”).

Article 2 amends the 1997 Order so that:–

(a)

the fees that would otherwise be payable under the 1997 Order are not due from a debtor or creditor in proceedings under the Debt Arrangement and Attachment (Scotland) Act 2002 (“the 2002 Act”);

(b)

a fee for inspecting a report of auction and auditor of court’s report following an attachment and auction under the 2002 Act is substituted for the fee for inspecting a report of sale and auditor of court’s report following a poinding and sale under the Debtors (Scotland) Act 1987 (“the 1987 Act”).

Article 3 makes a saving which permits the charging of the fee for inspecting a report of sale and auditor of court’s report during the transitional period, provided for by the 2002 Act, during which sales under the 1987 Act are still competent.