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Debtors (Scotland) Act 1987

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This is the original version (as it was originally enacted).

Circumstances where no expenses are due to or by either party

10Subject to paragraph 11 below, the debtor shall not be liable to the creditor nor the creditor to the debtor for any expenses incurred by the other party in connection with—

(a)an application by the debtor to the sheriff under any provision of Part II of this Act;

(b)any objections to such an application;

(c)a hearing held by virtue of section 24(5), 30(4), 35(6) or 39(6) of this Act.

11If—

(a)an application mentioned in paragraph 10(a) above is frivolous;

(b)such an application is opposed on frivolous grounds; or

(c)a party requires a hearing held by virtue of any of the provisions mentioned in paragraph 10(c) above to be held on frivolous grounds,

the sheriff may award a sum of expenses, not exceeding £25 or such amount as may be prescribed in regulations made by the Lord Advocate, against the party acting frivolously in favour of the other party.

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