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The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2008

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Scottish Statutory Instruments

2008 No. 238

ADULTS WITH INCAPACITY

The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2008

Made

6th June 2008

Laid before the Scottish Parliament

6th June 2008

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 7(2) of the Adults with Incapacity (Scotland) Act 2000(1) and of other powers enabling them to do so.

Citation and commencement

1.—(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2008 and, subject to paragraphs (2) and (3), shall come into force on 1st August 2008.

(2) Regulation 2(3)(b) and Schedule 2 shall come into force, and regulation 2(3)(a) and Schedule 1 shall cease to have effect, on 1st April 2009.

(3) Regulation 2(3)(c) and Schedule 3 shall come into force, and regulation 2(3)(b) and Schedule 2 shall cease to have effect, on 1st April 2010.

Amendment of the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008

2.—(1) The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008(2) shall be amended in accordance with the following paragraphs.

(2) For regulation 2 (fees payable to Public Guardian), substitute–

2.  The fees payable to the Public Guardian in respect of matters specified in column 1 of the Table of Fees in the Schedule shall be the fees specified in relation to those matters in column 2 of that Table (the previous fees payable being shown in column 3 of that Table).

(3) The Table of Fees in the Schedule(3) shall be substituted by–

(a)the Table of Fees in Schedule 1 to these Regulations on 1st August 2008;

(b)the Table of Fees in Schedule 2 to these Regulations on 1st April 2009; and

(c)the Table of Fees in Schedule 3 to these Regulations on 1st April 2010.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th June 2008

Regulation 2(3)(a), as read with regulation 1

SCHEDULE 1TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN

Fees payable from 1st August 2008

Column 1Column 2Column 3
(Matters)(Fee payable)£(Fee formerly payable)(4)
££

1.  Search of registers under section 6(2)(b) of the Act (per half hour or any part thereof)

158

2.  Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act

6560

3.  Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act

1011

4.  Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act

9587

5.  Processing 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

6560

6.  Where there is no application under section 24C or where the certificate granted under section 24C is more than 4 months old, processing 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

6560

7.  Processing 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

1011

8.  Processing of an application for appointment as a reserve withdrawer under section 26D

1011

9.  Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) where the certificate is not applied for at the same time as the application under section 26D is made

1011

10.  Processing 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

1011

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, processing of an application under section 26G, and where such an application is granted, the issue of a certificate to the applicant

1011

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)

1011

13.  Processing 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

4035

14.  Provision of a copy of any document–

(a)up to 10 pages

5

(b)each page thereafter

0.500.20

(c)on a computer disc or in other electronic form per document

53

15.  Registration under section 6(2) of the Act of–

6560

(a)a guardianship order;

(b)an intervention order;

(c)a variation of a guardianship order;

(d)a variation of an intervention order; or

(e)a renewal of a guardianship order,

made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates)

16.  Authorisation of a gift out of the adult’s estate under section 66(1) of the Act, where the gift has a value in excess of £2,500

4541

17.  Recall of the powers of a guardian under section 73 of the Act–

(a)for an estate with no heritable property

4541

(b)for an estate with heritable property

9587

18.  Approval of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,0004541
£30,001 to £50,000190174
£50,001 to £100,000375348
£100,001 to £500,000630580
£500,001 and over945870

19.  Granting an application for consent made in accordance with paragraph 6 of schedule 2 to the Act

125116

20.  Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,0006558
£30,001 to £50,000160145
£50,001 to £100,000440406
£100,001 to £250,000565522
£250,001 to £750,000755696
£750,001 to £2,000,0001,5101,392
£2,000,001 and over2,2002,030

21.  Final audit of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,000115108
£30,001 to £50,000210195
£50,001 to £100,000495456
£100,001 to £250,000620572
£250,001 to £750,000810746
£750,001 to £2,000,0001,5651,442
£2,000,001 and over2,2552,080

Regulation 2(3)(b), as read with regulation 1

SCHEDULE 2TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN

Fees payable from 1st April 2009

Column 1Column 2Column 3
(Matters)(Fee payable)(Fee formerly payable)(5)
££

1.  Search of registers under section 6(2)(b) of the Act (per half hour or any part thereof)

1515

2.  Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act

6565

3.  Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act

1010

4.  Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act

9595

5.  Processing 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

6565

6.  Where there is no application under section 24C or where the certificate granted under section 24C is more than 4 months old, processing 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

6565

7.  Processing 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

1010

8.  Processing of an application for appointment as a reserve withdrawer under section 26D

1010

9.  Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) where the certificate is not applied for at the same time as the application under section 26D is made

1010

10.  Processing 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

1010

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, processing of an application under section 26G, and where such an application is granted, the issue of a certificate to the applicant

1010

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)

1010

13.  Processing 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

4040

14.  Provision of a copy of any document–

(a)up to 10 pages

55

(b)each page thereafter

0.500.50

(c)on a computer disc or in other electronic form per document

55

15.  Registration under section 6(2) of the Act of–

6565

(a)a guardianship order;

(b)an intervention order;

(c)a variation of a guardianship order;

(d)a variation of an intervention order; or

(e)a renewal of a guardianship order,

made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates)

16.  Authorisation of a gift out of the adult’s estate under section 66(1) of the Act, where the gift has a value in excess of £2,500

4545

17.  Recall of the powers of a guardian under section 73 of the Act–

(a)for an estate with no heritable property

4545

(b)for an estate with heritable property

9595

18.  Approval of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,0004545
£30,001 to £50,000195190
£50,001 to £100,000390375
£100,001 to £500,000650630
£500,001 and over970945

19.  Granting an application for consent made in accordance with paragraph 6 of schedule 2 to the Act

130125

20.  Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,0006565
£30,001 to £50,000160160
£50,001 to £100,000455440
£100,001 to £250,000580565
£250,001 to £750,000775755
£750,001 to £2,000,0001,5551,510
£2,000,001 and over2,2652,200

21.  Final audit of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,000120115
£30,001 to £50,000220210
£50,001 to £100,000510495
£100,001 to £250,000640620
£250,001 to £750,000835810
£750,001 to £2,000,0001,6101,565
£2,000,001 and over2,3202,255

Regulation 2(3)(c), as read with regulation 1

SCHEDULE 3TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN

Fees payable from 1st April 2010

Column 1Column 2Column 3
(Matters)(Fee payable)(Fee formerly payable)(6)
££

1.  Search of registers under section 6(2)(b) of the Act (per half hour or any part thereof)

1515

2.  Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act

7065

3.  Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act

1510

4.  Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act

10095

5.  Processing 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

7065

6.  Where there is no application under section 24C or where the certificate granted under section 24C is more than 4 months old, processing 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

7065

7.  Processing 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

1510

8.  Processing of an application for appointment as a reserve withdrawer under section 26D

1510

9.  Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) where the certificate is not applied for at the same time as the application under section 26D is made

1510

10.  Processing 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

1510

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, processing of an application under section 26G, and where such an application is granted, the issue of a certificate to the applicant

1510

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)

1510

13.  Processing 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

4040

14.  Provision of a copy of any document–

(a)up to 10 pages

55

(b)each page thereafter

0.500.50

(c)on a computer disc or in other electronic form per document

55

15.  Registration under section 6(2) of the Act of–

7065

(a)a guardianship order;

(b)an intervention order;

(c)a variation of a guardianship order;

(d)a variation of an intervention order; or

(e)a renewal of a guardianship order,

made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates)

16.  Authorisation of a gift out of the adult’s estate under section 66(1) of the Act, where the gift has a value in excess of £2,500

4545

17.  Recall of the powers of a guardian under section 73 of the Act–

(a)for an estate with no heritable property

4545

(b)for an estate with heritable property

10095

18.  Approval of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,0004545
£30,001 to £50,000200195
£50,001 to £100,000400390
£100,001 to £500,000665650
£500,001 and over1000970

19.  Granting an application for consent made in accordance with paragraph 6 of schedule 2 to the Act

135130

20.  Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,0006565
£30,001 to £50,000165160
£50,001 to £100,000465455
£100,001 to £250,000600580
£250,001 to £750,000800775
£750,001 to £2,000,0001,6001,555
£2,000,001 and over2,3352,265

21.  Final audit of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,000125120
£30,001 to £50,000225220
£50,001 to £100,000525510
£100,001 to £250,000660640
£250,001 to £750,000860835
£750,001 to £2,000,0001,6601,610
£2,000,001 and over2,3952,320

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008 (“the 2008 Regulations”). New fee levels payable to the Public Guardian from 1st August 2008 are specified and reflect on average an increase of 8%. Fee levels were prescribed by the 2008 Regulations on 1st April 2008. The new fees are found in the Table of Fees in Schedule 1 to these Regulations.

These Regulations also specify new fee levels which will be applicable from 1st April 2009 and reflect on average an increase of 3%. These fees are found in the Table of Fees in Schedule 2 to these Regulations.

These Regulations further specify new fee levels which will be applicable from 1st April 2010 and reflect on average an increase of 3%. These fees are found in the Table of Fees in Schedule 3 to these Regulations.

(1)

2000 asp 4 as amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10). See section 87(1) and (1A) for the definition of “prescribe” and section 86(1) as to power to make regulations.

(3)

The Schedule in S.S.I. 2008/52.

(4)

Column 3 shows the fees which were payable under S.S.I. 2008/52 immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2 the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

(5)

Column 3 shows the fees which were payable by virtue of Schedule 1 to these Regulations immediately before the coming into force of this Schedule.

(6)

Column 3 shows the fees which were payable by virtue of Schedule 2 to these Regulations immediately before the coming into force of this Schedule.

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