LegalizeThe Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018
Made: 23rd February 2018
Laid before the Scottish Parliament: 27th February 2018
Coming into force in accordance with regulation 1
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Citation, commencement, effect and interpretation
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Fees payable to the Public Guardian
2
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Exemption of certain persons from fees: legal aid
3
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Exemption of certain persons from fees: social security
4
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Revocation
5
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SCHEDULE 1 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00011] £ |
|---|---|---|
| 1. Submission of a document conferring— | ||
| a continuing power of attorney under section 19 of the Act; | 77 | 75[^f00012] |
| a welfare power of attorney under section 19 of the Act; | 77 | 75 |
| both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. | 77 | 75 |
| 2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 77 | 75 |
| 3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 19 | 18 |
| 4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 122 | 119 |
| 5. Submission of an application for authorisation to obtain information about the adult’s funds under section 24C of the Act and, where such an application is granted, the issue of a certificate authorising any fundholder to provide the applicant with such information. | 87 | 85 |
| 6. Where there is no application under section 24C, the submission of an application for authorisation to intromit with funds under section 25 of the Act and, where such an application is granted, the issue of a certificate of authority to the withdrawer. | 87 | 85 |
| 7. Submission of an application for appointment as a joint withdrawer under section 26B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 19 | 18 |
| 8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. | 19 | 18 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 19 | 18 |
| 10. Submission of an application for variation of a withdrawal certificate under section 26F of the Act and, where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer. | 19 | 18 |
| 11. Where an application for authority to transfer a specified sum under section 26G of the Act is not made at the same time as an application under section 25, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. | 19 | 18 |
| 12. Provision of a duplicate or replacement of a certificate of authority issued under sections 24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) of the Act. | 19 | 18 |
| 13. Submission of an application for renewal of authority to intromit with funds under section 31B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 50 | 49 |
| 14. Provision of a copy of any document— | ||
| up to 10 pages; | 7 | 6 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 7 | 6 |
| 15. Registration under section 6(2) of the Act of— | ||
| a guardianship order; | 87 | 85 |
| an intervention order; | 87 | 85 |
| a variation of a guardianship order; | 87 | 85 |
| a variation of an intervention order; or | 87 | 85 |
| a renewal of a guardianship order, | 87 | 85 |
| made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property; | 55 | 54 |
| for an estate with heritable property. | 122 | 119 |
| 17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 55 | 54 |
| £30,001 to £50,000; | 248 | 242 |
| £50,001 to £250,000; | 493 | 482 |
| £250,001 to £500,000; | 820 | 802 |
| £500,001 and over. | 1234 | 1,206 |
| 18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 58 | 57 |
| 19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 80 | 78[^f00013] |
| £30,001 to £50,000; | 204 | 199 |
| £50,001 to £250,000; | 574 | 561 |
| £250,001 to £500,000; | 740 | 723 |
| £500,001 and over. | 987 | 965 |
| 19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 80 | - |
| £30,001 to £50,000; | 204 | - |
| £50,001 to £250,000; | 574 | - |
| £250,001 to £500,000; | 740 | - |
| £500,001 and over. | 987 | - |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 154 | 151 |
| £30,001 to £50,000; | 277 | 271 |
| £50,001 to £250,000; | 648 | 633 |
| £250,001 to £500,000; | 814 | 796 |
| £500,001 and over. | 1,061 | 1,037 |
SCHEDULE 2 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00014] £ |
|---|---|---|
| 1. Submission of a document conferring— | ||
| a continuing power of attorney under section 19 of the Act; | 79 | 77 |
| a welfare power of attorney under section 19 of the Act; | 79 | 77 |
| both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. | 79 | 77 |
| 2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 79 | 77 |
| 3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 19 | 19 |
| 4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 124 | 122 |
| 5. Submission of an application for authorisation to obtain information about the adult’s funds under section 24C of the Act and, where such an application is granted, the issue of a certificate authorising any fundholder to provide the applicant with such information. | 89 | 87 |
| 6. Where there is no application under section 24C, the submission of an application for authorisation to intromit with funds under section 25 of the Act and, where such an application is granted, the issue of a certificate of authority to the withdrawer. | 89 | 87 |
| 7. Submission of an application for appointment as a joint withdrawer under section 26B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 19 | 19 |
| 8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. | 19 | 19 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 19 | 19 |
| 10. Submission of an application for variation of a withdrawal certificate under section 26F of the Act and, where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer. | 19 | 19 |
| 11. Where an application for authority to transfer a specified sum under section 26G of the Act is not made at the same time as an application under section 25, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. | 19 | 19 |
| 12. Provision of a duplicate or replacement of a certificate of authority issued under sections 24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) of the Act. | 19 | 19 |
| 13. Submission of an application for renewal of authority to intromit with funds under section 31B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 51 | 50 |
| 14. Provision of a copy of any document— | ||
| up to 10 pages; | 7 | 7 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 7 | 7 |
| 15. Registration under section 6(2) of the Act of— | ||
| a guardianship order; | 89 | 87 |
| an intervention order; | 89 | 87 |
| a variation of a guardianship order; | 89 | 87 |
| a variation of an intervention order; or | 89 | 87 |
| a renewal of a guardianship order, | 89 | 87 |
| made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property; | 56 | 55 |
| for an estate with heritable property. | 124 | 122 |
| 17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 56 | 55 |
| £30,001 to £50,000; | 253 | 248 |
| £50,001 to £250,000; | 503 | 493 |
| £250,001 to £500,000; | 836 | 820 |
| £500,001 and over. | 1,259 | 1,234 |
| 18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 59 | 58 |
| 19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 82 | 80 |
| £30,001 to £50,000; | 208 | 204 |
| £50,001 to £250,000; | 585 | 574 |
| £250,001 to £500,000; | 755 | 740 |
| £500,001 and over. | 1,007 | 987 |
| 19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 82 | 80 |
| £30,001 to £50,000; | 208 | 204 |
| £50,001 to £250,000; | 585 | 574 |
| £250,001 to £500,000; | 755 | 740 |
| £500,001 and over. | 1,007 | 987 |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 157 | 154 |
| £30,001 to £50,000; | 283 | 277 |
| £50,001 to £250,000; | 661 | 648 |
| £250,001 to £500,000; | 830 | 814 |
| £500,001 and over. | 1,082 | 1,061 |
SCHEDULE 3 — TABLE OF FEES
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