The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2007

Amendment of the 2001 Regulations

2.—(1) The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2001(1) (“the 2001 Regulations”) are amended in accordance with the following paragraphs.

(2) After regulation 1 of the 2001 Regulations, insert–

“Exemption from fees

1A.   A fee regulated by these Regulations shall not be payable by a person if–

(a) the person is in receipt of legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986(2) in respect of the matter in the Table of Fees in connection with which the fee is payable; or

(b) the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.”.

(3) For the Schedule to the 2001 Regulations, substitute the Schedule to these Regulations.

(1)

S.S.I. 2001/75, as amended by S.S.I. 2002/131.

(2)

1986 c. 47. Section 13(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 74 and Schedule 8, paragraph 36(3).