LegalizeThe Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2022
Made: 24th May 2022
Laid before the Scottish Parliament: 26th May 2022
Coming into force in accordance with regulation 1
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Citation, commencement, effect and interpretation
1
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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)[^f00012] £ |
|---|---|---|
| 1. Submission of a continuing power of attorney, a welfare power of attorney or a combined continuing and welfare power of attorney under section 19 of the Act. | 83 | 81 |
| 2. Registration of a deed of amendment to a continuing or welfare power of attorney under section 19 of the Act. | 83 | 81 |
| 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. | 129 | 126 |
| 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. | 93 | 91 |
| 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. | 93 | 91 |
| 7. Submission of an application for appointment or provision of a certificate or duplicate certificate of authority under any of the following sections of the Act - sections 26B, 26D, 26E, 26F and 26G | 19 | 19 |
| 8. 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 |
| 9. 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. | 53 | 52 |
| 10. 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 |
| 11. Registration and/or variation of a guardianship or an intervention order and registration of a renewal of a guardianship order under Part 6 of the Act. | 93 | 91 |
| 12. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property, | 58 | 57 |
| for an estate with heritable property. | 129 | 126 |
| 13. 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, | 58 | 57 |
| £30,001 to £50,000, | 263 | 258 |
| £50,001 to £250,000, | 523 | 513 |
| £250,001 to £500,000, | 870 | 853 |
| £500,001 and over. | 1,310 | 1,284 |
| 14. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 61 | 60 |
| 15. 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, | 86 | 84 |
| £30,001 to £50,000, | 216 | 212 |
| £50,001 to £250,000, | 608 | 597 |
| £250,001 to £500,000, | 785 | 770 |
| £500,001 and over. | 1,048 | 1,027 |
| 16. 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, | 86 | 84 |
| £30,001 to £50,000, | 216 | 212 |
| £50,001 to £250,000, | 608 | 597 |
| £250,001 to £500,000, | 785 | 770 |
| £500,001 and over. | 1,048 | 1,027 |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 17. 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, | 163 | 160 |
| £30,001 to £50,000, | 295 | 289 |
| £50,001 to £250,000, | 687 | 674 |
| £250,001 to £500,000, | 864 | 847 |
| £500,001 and over. | 1,126 | 1,104 |
SCHEDULE 2 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00013] £ |
|---|---|---|
| 1. Submission of a continuing power of attorney, a welfare power of attorney or a combined continuing and welfare power of attorney under section 19 of the Act. | 85 | 83 |
| 2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 85 | 83 |
| 3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 20 | 19 |
| 4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 132 | 129 |
| 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. | 95 | 93 |
| 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. | 95 | 93 |
| 7. Submission of an application for appointment or provision of a certificate or duplicate certificate of authority under any of the following sections of the Act - sections 26B, 26D, 26E, 26F and 26G. | 20 | 19 |
| 8. 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. | 20 | 19 |
| 9. 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. | 54 | 53 |
| 10. 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 |
| 11. Registration and/or variation of a guardianship or an intervention order and registration of a renewal of a guardianship order under Part 6 of the Act. | 95 | 93 |
| 12. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property, | 59 | 58 |
| for an estate with heritable property. | 132 | 129 |
| 13. 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, | 59 | 58 |
| £30,001 to £50,000, | 268 | 263 |
| £50,001 to £250,000, | 533 | 523 |
| £250,001 to £500,000, | 887 | 870 |
| £500,001 and over. | 1,336 | 1,310 |
| 14. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 62 | 61 |
| 15. 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, | 88 | 86 |
| £30,001 to £50,000, | 220 | 216 |
| £50,001 to £250,000, | 620 | 608 |
| £250,001 to £500,000, | 801 | 785 |
| £500,001 and over. | 1,069 | 1,048 |
| 16. 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, | 88 | 86 |
| £30,001 to £50,000, | 220 | 216 |
| £50,001 to £250,000, | 620 | 608 |
| £250,001 to £500,000, | 801 | 785 |
| £500,001 and over. | 1,069 | 1,048 |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 17. 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, | 166 | 163 |
| £30,001 to £50,000, | 301 | 295 |
| £50,001 to £250,000, | 701 | 687 |
| £250,001 to £500,000, | 881 | 864 |
| £500,001 and over. | 1,149 | 1,126 |
SCHEDULE 3 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00014] £ |
|---|---|---|
| 1. Submission of a continuing power of attorney, a welfare power of attorney or a combined continuing and welfare power of attorney under section 19 of the Act. | 87 | 85 |
| 2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 87 | 85 |
| 3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 20 | 20 |
| 4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 135 | 132 |
| 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. | 97 | 95 |
| 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. | 97 | 95 |
| 7. Submission of an application for appointment or provision of a certificate or duplicate certificate of authority under any of the following sections of the Act - sections 26B, 26D, 26E, 26F and 26G | 20 | 20 |
| 8. 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. | 20 | 20 |
| 9. 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. | 55 | 54 |
| 10. 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 |
| 11. Registration and/or variation of a guardianship or an intervention order and registration of a renewal of a guardianship order under Part 6 of the Act. | 97 | 95 |
| 12. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property, | 60 | 59 |
| for an estate with heritable property. | 135 | 132 |
| 13. 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, | 60 | 59 |
| £30,001 to £50,000, | 273 | 268 |
| £50,001 to £250,000, | 544 | 533 |
| £250,001 to £500,000, | 905 | 887 |
| £500,001 and over. | 1,363 | 1,336 |
| 14. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 63 | 62 |
| 15. 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, | 90 | 88 |
| £30,001 to £50,000, | 224 | 220 |
| £50,001 to £250,000, | 632 | 620 |
| £250,001 to £500,000, | 817 | 801 |
| £500,001 and over. | 1,090 | 1,069 |
| 16. 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, | 90 | 88 |
| £30,001 to £50,000, | 224 | 220 |
| £50,001 to £250,000, | 632 | 620 |
| £250,001 to £500,000, | 817 | 801 |
| £500,001 and over. | 1,090 | 1,069 |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 17. 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, | 169 | 166 |
| £30,001 to £50,000, | 315 | 301 |
| £50,001 to £250,000, | 715 | 701 |
| £250,001 to £500,000, | 898 | 881 |
| £500,001 and over. | 1,172 | 1,149 |
Signed
ASH REGAN — Authorised to sign by the Scottish Ministers — 24th May 2022
Explanatory note
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Footnotes
[^f00001]: 2000 asp 4. The Adults with Incapacity (Scotland) Act 2000 was amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10) and S.S.I. 2008/380. Section 87(1) of the Adults with Incapacity (Scotland) Act 2000 contains a definition of “prescribe” relevant to the exercise of the statutory powers under which these Regulations are made. Section 87(1A) provides that any power under the 2000 Act to prescribe anything by regulations is exercisable by the Scottish Ministers.
[^f00002]: 1986 c. 47. Section 13(2) was amended by paragraph 36(3) of schedule 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00003]: 1992 c. 4. Section 124, which provides for income support, was amended by schedules 2 and 3 of the Jobseekers Act 1995 (c. 18); paragraph 28 of schedule 8 of the Welfare Reform and Pensions Act 1999 (c. 30); schedules 2 and 3 of the State Pension Credit Act 2002 (c. 16); paragraph 42 of schedule 24 of the Civil Partnership Act 2004 (c. 33); schedules 3 and 8 of the Welfare Reform Act 2007 (c. 5); section 3 of the Welfare Reform Act 2009 (c. 24), and paragraph 1 of schedule 14 of the Welfare Reform Act 2012 (c. 5).
[^f00004]: 1995 c. 18.
[^f00005]: 2002 c. 16.
[^f00006]: 2002 c. 21. Paragraphs (a) and (b) of section 3(5A) were substituted for paragraphs (a) to (d) by paragraph 23(2) of schedule 3 of S.I. 2019/1458. Section 3(5A) was substituted for section 3(5) and (6) by paragraph 144(3) of schedule 24 of the Civil Partnership Act 2004 (c. 33). Part 1 of the Tax Credits Act 2002 was repealed by paragraph 1 of schedule 14 of the Welfare Reform Act 2012 subject to savings provisions in S.I. 2019/167.
[^f00007]: 2007 c. 5.
[^f00008]: S.S.I. 2022/54.
[^f00009]: 2015 asp 5.
[^f00010]: 2012 c. 5.
[^f00011]: S.S.I. 2018/86.
[^f00012]: Column 3 shows the fees which were payable by virtue of the schedule 3 of S.S.I. 2018/86 immediately before the coming into force of this schedule.
[^f00013]: Column 3 shows the fees which were payable by virtue of the schedule 1 of these Regulations immediately before the coming into force of this schedule.
[^f00014]: Column 3 shows the fees which were payable by virtue of the schedule 2 of these Regulations immediately before the coming into force of this schedule.
Editorial notes
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