Search Legislation

The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement, effect and interpretation

1.—(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018 and, subject to paragraphs (2) and (3), come into force on 25th April 2018.

(2) Regulation 2(b) and schedule 2 come into force, and regulation 2(a) and schedule 1 cease to have effect, on 1st April 2019.

(3) Regulation 2(c) and schedule 3 come into force, and regulation 2(b) and schedule 2 cease to have effect, on 1st April 2020.

(4) In these Regulations, “the Act” means the Adults with Incapacity (Scotland) Act 2000.

Fees payable to the Public Guardian

2.  Subject to regulations 3 and 4—

(a)the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in schedule 1 (table of fees payable from 25th April 2018) are the fees prescribed in relation to those matters in column 2 of that Table;

(b)the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in schedule 2 (table of fees payable from 1st April 2019) are the fees prescribed in relation to those matters in column 2 of that Table; and

(c)the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in schedule 3 (table of fees payable from 1st April 2020) are the fees prescribed in relation to those matters in column 2 of that Table.

Exemption of certain persons from fees: legal aid

3.  A fee prescribed by these Regulations is not payable by a person if—

(a)the person is in receipt of civil 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 schedule 1, 2 or 3 in connection with which the fee is payable;

(b)the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application; or

(c)the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable on the basis of any regulations made under section 36(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.

Exemption of certain persons from fees: social security

4.—(1) A fee prescribed by these Regulations is not payable by a person if—

(a)the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992(2);

(b)the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995(3);

(c)the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002(4);

(d)the person or the person’s partner is in receipt of working tax credit, provided that—

(i)child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002(5)) which includes the party; or

(ii)there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £18,000 or less;

(e)the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(6);

(f)the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012(7); or

(g)the person or the person’s partner has, within the period of 3 months prior to the date the prescribed fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 2015(8).

(2) In this regulation, “partner” means a person to whom a person is married or with whom the person is in a civil partnership.

Revocation

5.  The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2015(9) are revoked.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2018

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources