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1.—(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008 and come into force on 1st April 2008.
(2) In these Regulations, “the Act” means the Adults with Incapacity (Scotland) Act 2000 and references to sections are references to sections in that Act.
2. The fees payable to the Public Guardian in respect of matters specified in column 1 of the Schedule shall be the fees specified in relation to those matters in column 2 of that Schedule.
3. 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(1) 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.
4. The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2001(2) are revoked.
FERGUS EWING
Authorised to sign on behalf of the Scottish Ministers
St Andrew’s House,
Edinburgh
20th February 2008
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