The Public Trustee (Fees) (Amendment) Order 2002

Statutory Instruments

2002 No. 2232

TRUSTEES, ENGLAND AND WALES

The Public Trustee (Fees) (Amendment) Order 2002

Made

27th August 2002

Coming into force

27th September 2002

The Treasury, in exercise of the powers conferred upon them by section 9 of the Public Trustee Act 1906(1), as extended by section 1 of the Public Trustee (Fees) Act 1957(2), and with the sanction of the Lord Chancellor, hereby make the following Order:

1.—(1) This Order may be cited as the Public Trustee (Fees) (Amendment) Order 2002 and shall come into force on 27th September 2002.

(2) In this Order a reference to an article by number alone means the article so numbered in the Public Trustee (Fees) Order 1999(3).

2.  In article 7(2), for “With the approval of the Treasury, the Public Trustee” there shall be substituted “The Public Trustee”.

3.—(1) In article 17(5)(a), for “30th September 1998” there shall be substituted “30th September 2002”.

(2) Paragraph (1) of this article shall have effect only in relation to a fee payable on or after 1st April 2003.

Ian Pearson

Jim Fitzpatrick

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 20th August 2002

I give my sanction

Yvette Cooper

Parliamentary Secretary

Lord Chancellor’s Department

Dated 27th August 2002

Explanatory Note

(This note is not part of the Order)

This Order makes the following amendments to the Public Trustee (Fees) Order 1999 (S.I. 1999/855), which prescribes fees to be charged by the Public Trustee.

(1) The Public Trustee’s power to compromise disputes in relation to fees or remit fees in simple or exceptional cases will no longer be subject to the approval of the Treasury.

(2) For the purposes of calculating the administration fee, the estate will be valued as at 30th September 2002 (provided that the Public Trustee was acting on that date), instead of 30th September 1998.

(1)

1906 c. 55.

(2)

1957 c. 12.

(3)

S.I. 1999/855.