2008 No. 238

ADULTS WITH INCAPACITY

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

Made

Laid before the Scottish Parliament

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 20001 and of other powers enabling them to do so.

Citation and commencement1

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 20082

1

The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 20082 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 Schedule3 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 MACASKILLA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE 1TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN

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

Fees payable from 1st August 2008

Column 1

Column 2

Column 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)

15

8

2

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

65

60

3

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

10

11

4

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

95

87

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

65

60

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

65

60

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

10

11

8

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

10

11

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

10

11

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

10

11

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

10

11

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)

10

11

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

40

35

14

Provision of a copy of any document–

a

up to 10 pages

5

–

b

each page thereafter

0.50

0.20

c

on a computer disc or in other electronic form per document

5

3

15

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

65

60

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

45

41

17

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

a

for an estate with no heritable property

45

41

b

for an estate with heritable property

95

87

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 £30,000

45

41

£30,001 to £50,000

190

174

£50,001 to £100,000

375

348

£100,001 to £500,000

630

580

£500,001 and over

945

870

19

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

125

116

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 £30,000

65

58

£30,001 to £50,000

160

145

£50,001 to £100,000

440

406

£100,001 to £250,000

565

522

£250,001 to £750,000

755

696

£750,001 to £2,000,000

1,510

1,392

£2,000,001 and over

2,200

2,030

21

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

Estate value (excluding heritable property)

£0 to £30,000

115

108

£30,001 to £50,000

210

195

£50,001 to £100,000

495

456

£100,001 to £250,000

620

572

£250,001 to £750,000

810

746

£750,001 to £2,000,000

1,565

1,442

£2,000,001 and over

2,255

2,080

SCHEDULE 2TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN

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

Fees payable from 1st April 2009

Column 1

Column 2

Column 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)

15

15

2

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

65

65

3

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

10

10

4

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

95

95

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

65

65

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

65

65

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

10

10

8

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

10

10

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

10

10

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

10

10

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

10

10

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)

10

10

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

40

40

14

Provision of a copy of any document–

a

up to 10 pages

5

5

b

each page thereafter

0.50

0.50

c

on a computer disc or in other electronic form per document

5

5

15

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

65

65

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

45

45

17

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

a

for an estate with no heritable property

45

45

b

for an estate with heritable property

95

95

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 £30,000

45

45

£30,001 to £50,000

195

190

£50,001 to £100,000

390

375

£100,001 to £500,000

650

630

£500,001 and over

970

945

19

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

130

125

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 £30,000

65

65

£30,001 to £50,000

160

160

£50,001 to £100,000

455

440

£100,001 to £250,000

580

565

£250,001 to £750,000

775

755

£750,001 to £2,000,000

1,555

1,510

£2,000,001 and over

2,265

2,200

21

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

Estate value (excluding heritable property)

£0 to £30,000

120

115

£30,001 to £50,000

220

210

£50,001 to £100,000

510

495

£100,001 to £250,000

640

620

£250,001 to £750,000

835

810

£750,001 to £2,000,000

1,610

1,565

£2,000,001 and over

2,320

2,255

SCHEDULE 3TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN

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

Fees payable from 1st April 2010

Column 1

Column 2

Column 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)

15

15

2

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

70

65

3

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

15

10

4

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

100

95

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

70

65

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

70

65

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

15

10

8

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

15

10

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

15

10

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

15

10

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

15

10

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)

15

10

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

40

40

14

Provision of a copy of any document–

a

up to 10 pages

5

5

b

each page thereafter

0.50

0.50

c

on a computer disc or in other electronic form per document

5

5

15

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

70

65

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

45

45

17

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

a

for an estate with no heritable property

45

45

b

for an estate with heritable property

100

95

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 £30,000

45

45

£30,001 to £50,000

200

195

£50,001 to £100,000

400

390

£100,001 to £500,000

665

650

£500,001 and over

1000

970

19

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

135

130

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 £30,000

65

65

£30,001 to £50,000

165

160

£50,001 to £100,000

465

455

£100,001 to £250,000

600

580

£250,001 to £750,000

800

775

£750,001 to £2,000,000

1,600

1,555

£2,000,001 and over

2,335

2,265

21

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

Estate value (excluding heritable property)

£0 to £30,000

125

120

£30,001 to £50,000

225

220

£50,001 to £100,000

525

510

£100,001 to £250,000

660

640

£250,001 to £750,000

860

835

£750,001 to £2,000,000

1,660

1,610

£2,000,001 and over

2,395

2,320

(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.