SCHEDULE 3Expenses of money attachment

4Circumstances where no expenses are due to or by either party

If—

a

an application mentioned in paragraph 3(a) above is frivolous;

b

such an application is opposed on frivolous grounds;

c

an application for a payment order is opposed on frivolous grounds; or

d

a party requires, on frivolous grounds, a hearing mentioned in paragraph 3(d) above to be held,

the sheriff may award a sum of expenses, not exceeding such amount as may be prescribed by the Scottish Ministers by regulations, against the party acting frivolously in favour of the other party.