LegalizeThe Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2012
Made: 30th October 2012
Laid before the Scottish Parliament: 31st October 2012
Coming into force in accordance with regulation 1
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Citation, commencement and effect
1
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Amendment of the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008
2
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SCHEDULE 1 — TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00003] £ |
|---|---|---|
| 1.Submission of a document conferring a continuing or welfare power of attorney under section19 of the Act. | 70 | 70 |
| 2.Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 70 | - |
| 3. Provision of a duplicate or replacement of a certificate issued under section19(2) of the Act. | 16 | 15 |
| 4.Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 105 | 100 |
| 5.Processing of an application for authorisation to obtain information about the adult’s funds under section24C 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. | 74 | 70 |
| 6.Where there is no application under section24C, the processing of an application for authorisation to intromit with funds under section25 of the Act and, where such an application is granted, the issue of a certificate of authority to the withdrawer. | 74 | 70[^f00004] |
| 7.Processing of an application for appointment as a joint withdrawer under section26B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 16 | 15 |
| 8.Processing of an application for appointment as a reserve withdrawer under section26D of the Act. | 16 | 15 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 16 | 15 |
| 10.Processing of an application for variation of a withdrawal certificate under section26F of the Act and, where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer. | 16 | 15 |
| 11. Where an application for authority to transfer a specified sum under section26G of the Act is not made at the same time as an application under section 25, processing of an application under section26G and, where such an application is granted, the issue of a certificate to the applicant. | 16 | 15 |
| 12.Provision of a duplicate or replacement of a certificate of authority issued under sections24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) of the Act. | 16 | 15 |
| 13.Processing of an application for renewal of authority to intromit with funds under section31B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 42 | 40 |
| 14.Provision of a copy of any document— | ||
| up to 10 pages; | 5 | 5 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 5 | 5 |
| 15.Registration under section6(2) of the Act of— | 74 | 70 |
| a guardianship order; | ||
| an intervention order; | ||
| a variation of a guardianship order; | ||
| a variation of an intervention order; or | ||
| a renewal of a guardianship order, | ||
| made under Part6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16.Recall of the powers of a guardian under section73 of the Act— | ||
| for an estate with no heritable property; | 47 | 45 |
| for an estate with heritable property. | 105 | 100 |
| 17.Consideration of guardian’s management plan and inventory, in accordance with paragraphs1 and 3 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 47 | 45 |
| £30,001 to £50,000; | 210 | 200 |
| £50,001 to £250,000; | 420 | 400 – 665[^f00005] |
| £250,001 to £500,000; | 698 | 665 |
| £500,001 and over. | 1,050 | 1000 |
| 18. Consideration of an application for consent made in accordance with paragraph6 of schedule2 to the Act. | 50 | 135 |
| 19.Audit (except final audit) of accounts submitted in accordance with paragraph7 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 68 | 65 |
| £30,001 to £50,000; | 173 | 165 |
| £50,001 to £250,000; | 488 | 465 – 600[^f00006] |
| £250,001 to £500,000; | 630 | 600 – 800[^f00007] |
| £500,001 and over. | 840 | 800 – 2,335[^f00008] |
| 20.Final audit of accounts submitted in accordance with paragraph7 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 131 | 125 |
| £30,001 to £50,000; | 236 | 225 |
| £50,001 to £250,000; | 551 | 525 – 660[^f00009] |
| £250,001 to £500,000; | 693 | 660 – 860[^f00010] |
| £500,001 and over. | 903 | 860 – 2395[^f00011] |
SCHEDULE 2 — TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00012] £ |
|---|---|---|
| 1.Submission of a document conferring a continuing or welfare power of attorney under section19 of the Act. | 70 | 70 |
| 2.Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 70 | 70 |
| 3.Provision of a duplicate or replacement of a certificate issued under section19(2) of the Act. | 16 | 16 |
| 4.Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 108 | 105 |
| 5. Processing of an application for authorisation to obtain information about the adult’s funds under section24C 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. | 76 | 74 |
| 6.Where there is no application under section 24C, the processing of an application for authorisation to intromit with funds under section25 of the Act and, where such an application is granted, the issue of a certificate of authority to the withdrawer. | 76 | 74 |
| 7.Processing of an application for appointment as a joint withdrawer under section26B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 16 | 16 |
| 8.Processing of an application for appointment as a reserve withdrawer under section26D of the Act. | 16 | 16 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 16 | 16 |
| 10. Processing of an application for variation of a withdrawal certificate under section26F of the Act and, where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer. | 16 | 16 |
| 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 section26G and, where such an application is granted, the issue of a certificate to the applicant. | 16 | 16 |
| 12.Provision of a duplicate or replacement of a certificate of authority issued under sections24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) of the Act. | 16 | 16 |
| 13.Processing of an application for renewal of authority to intromit with funds under section31B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 43 | 42 |
| 14.Provision of a copy of any document— | ||
| up to 10 pages; | 5 | 5 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 5 | 5 |
| 15.Registration under section6(2) of the Act of— | 76 | 74 |
| a guardianship order; | ||
| an intervention order; | ||
| a variation of a guardianship order; | ||
| a variation of an intervention order; or | ||
| a renewal of a guardianship order, | ||
| made under Part6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16.Recall of the powers of a guardian under section73 of the Act— | ||
| for an estate with no heritable property; | 49 | 47 |
| for an estate with heritable property. | 108 | 105 |
| 17.Consideration of the guardian’s management plan and inventory, in accordance with paragraphs1 and 3 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 49 | 47 |
| £30,001 to £50,000; | 216 | 210 |
| £50,001 to £250,000; | 433 | 420 |
| £250,001 to £500,000; | 719 | 698 |
| £500,001 and over. | 1,082 | 1,050 |
| 18.Consideration of an application for consent made in accordance with paragraph6 of schedule2 to the Act. | 52 | 50 |
| 19.Audit (except final audit) of accounts submitted in accordance with paragraph7 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 70 | 68 |
| £30,001 to £50,000; | 178 | 173 |
| £50,001 to £250,000; | 503 | 488 |
| £250,001 to £500,000; | 649 | 630 |
| £500,001 and over. | 865 | 840 |
| 20.Final audit of accounts submitted in accordance with paragraph7 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 135 | 131 |
| £30,001 to £50,000; | 243 | 236 |
| £50,001 to £250,000; | 568 | 551 |
| £250,001 to £500,000; | 714 | 693 |
| £500,001 and over. | 930 | 903 |
SCHEDULE 3 — TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable) £ |
|---|---|---|
| 1.Submission of a document conferring a continuing or welfare power of attorney under section19 of the Act. | 70 | 70 |
| 2.Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 70 | 70 |
| 3. Provision of a duplicate or replacement of a certificate issued under section19(2) of the Act. | 17 | 16 |
| 4.Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 111 | 108 |
| 5.Processing of an application for authorisation to obtain information about the adult’s funds under section24C 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. | 78 | 76 |
| 6.Where there is no application under section 24C, the processing of an application for authorisation to intromit with funds under section25 of the Act and, where such an application is granted, the issue of a certificate of authority to the withdrawer. | 78 | 76 |
| 7. Processing of an application for appointment as a joint withdrawer under section26B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 17 | 16 |
| 8. Processing of an application for appointment as a reserve withdrawer under section26D of the Act. | 17 | 16 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 17 | 16 |
| 10.Processing of an application for variation of a withdrawal certificate under section26F of the Act and, where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer. | 17 | 16 |
| 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 section26G and, where such an application is granted, the issue of a certificate to the applicant. | 17 | 16 |
| 12.Provision of a duplicate or replacement of a certificate of authority issued under sections24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) of the Act. | 17 | 16 |
| 13.Processing of an application for renewal of authority to intromit with funds under section31B of the Act and, where such an application is granted, the issue of a certificate of authority to the joint withdrawer. | 45 | 43 |
| 14.Provision of a copy of any document— | ||
| up to 10 pages; | 5 | 5 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 5 | 5 |
| 15.Registration under section6(2) of the Act of— | 78 | 76 |
| a guardianship order; | ||
| an intervention order; | ||
| a variation of a guardianship order; | ||
| a variation of an intervention order; or | ||
| a renewal of a guardianship order, | ||
| made under Part6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16.Recall of the powers of a guardian under section73 of the Act— | ||
| for an estate with no heritable property; | 50 | 49 |
| for an estate with heritable property. | 111 | 108 |
| 17.Consideration of guardian’s management plan and inventory, in accordance with paragraphs1 and 3 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 50 | 49 |
| £30,001 to £50,000; | 223 | 216 |
| £50,001 to £250,000; | 446 | 433 |
| £250,001 to £500,000; | 741 | 719 |
| £500,001 and over. | 1,114 | 1,082 |
| 18.Consideration of an application for consent made in accordance with paragraph6 of schedule2 to the Act. | 53 | 52 |
| 19.Audit (except final audit) of accounts submitted in accordance with paragraph7 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 72 | 70 |
| £30,001 to £50,000; | 184 | 178 |
| £50,001 to £250,000; | 518 | 503 |
| £250,001 to £500,000; | 668 | 649 |
| £500,001 and over. | 891 | 865 |
| 20.Final audit of accounts submitted in accordance with paragraph7 of schedule2 to the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 139 | 135 |
| £30,001 to £50,000; | 251 | 243 |
| £50,001 to £250,000; | 585 | 568 |
| £250,001 to £500,000; | 735 | 714 |
| £500,001 and over. | 958 | 930 |
Signed
KENNY MACASKILL — A member of the Scottish Government — 30th October 2012
Explanatory note
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Footnotes
[^f00001]: 2000 asp4 as amended by the Adult Support and Protection (Scotland) Act 2007 (asp10). See section87(1) and (1A) for the definition of “prescribe” and section86(1) as to power to make regulations.
[^f00002]: S.S.I. 2008/52 as amended by 2008/238.
[^f00003]: Column3 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 column3 but there is an entry in column2 the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.
[^f00004]: The figure of £70 was also the fee for processing the application where the certificate granted under section24C was more than 4months old. A charge is now no longer payable on such an application.
[^f00005]: The previous estate value ranges were from £50,001 to £100,000, for which the fee was £400, and from £100,001 to £500,000, for which the fee was £665.
[^f00006]: The previous estate value ranges were from £50,001 to £100,000, for which the fee was £465, and from £100,001 to £250,000, for which the fee was £600.
[^f00007]: The previous estate value range was from £250,001 to £750,000, for which the fee was £800.
[^f00008]: The previous estate value ranges were from £750,001 to £2,000,000, for which the fee was £1,600, and values of £2,000,001 and over, for which the fee was £2,335.
[^f00009]: The previous estate value ranges were from £50,001 to £100,000, for which the fee was £525, and from £100,001 to £250,000, for which the fee was £660.
[^f00010]: The previous estate value range was from £250,001 to £750,000, for which the fee was £860.
[^f00011]: The previous estate value ranges were from £750,001 to £2,000,000, for which the fee was £1,660, and values of £2,000,001 and over, for which the fee was £2,395.
[^f00012]: 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.
Editorial notes
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