LegalizeThe Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018
Made: 23rd February 2018
Laid before the Scottish Parliament: 27th February 2018
Coming into force in accordance with regulation 1
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Citation, commencement, effect and interpretation
1
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Fees payable to the Public Guardian
2
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Exemption of certain persons from fees: legal aid
3
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Exemption of certain persons from fees: social security
4
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Revocation
5
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SCHEDULE 1 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00011] £ |
|---|---|---|
| 1. Submission of a document conferring— | ||
| a continuing power of attorney under section 19 of the Act; | 77 | 75[^f00012] |
| a welfare power of attorney under section 19 of the Act; | 77 | 75 |
| both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. | 77 | 75 |
| 2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 77 | 75 |
| 3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 19 | 18 |
| 4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 122 | 119 |
| 5. Submission 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. | 87 | 85 |
| 6. Where there is no application under section 24C, the submission 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. | 87 | 85 |
| 7. Submission 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. | 19 | 18 |
| 8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. | 19 | 18 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 19 | 18 |
| 10. Submission 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. | 19 | 18 |
| 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, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. | 19 | 18 |
| 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) of the Act. | 19 | 18 |
| 13. Submission 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. | 50 | 49 |
| 14. Provision of a copy of any document— | ||
| up to 10 pages; | 7 | 6 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 7 | 6 |
| 15. Registration under section 6(2) of the Act of— | ||
| a guardianship order; | 87 | 85 |
| an intervention order; | 87 | 85 |
| a variation of a guardianship order; | 87 | 85 |
| a variation of an intervention order; or | 87 | 85 |
| a renewal of a guardianship order, | 87 | 85 |
| made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property; | 55 | 54 |
| for an estate with heritable property. | 122 | 119 |
| 17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 55 | 54 |
| £30,001 to £50,000; | 248 | 242 |
| £50,001 to £250,000; | 493 | 482 |
| £250,001 to £500,000; | 820 | 802 |
| £500,001 and over. | 1234 | 1,206 |
| 18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 58 | 57 |
| 19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 80 | 78[^f00013] |
| £30,001 to £50,000; | 204 | 199 |
| £50,001 to £250,000; | 574 | 561 |
| £250,001 to £500,000; | 740 | 723 |
| £500,001 and over. | 987 | 965 |
| 19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 80 | - |
| £30,001 to £50,000; | 204 | - |
| £50,001 to £250,000; | 574 | - |
| £250,001 to £500,000; | 740 | - |
| £500,001 and over. | 987 | - |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 154 | 151 |
| £30,001 to £50,000; | 277 | 271 |
| £50,001 to £250,000; | 648 | 633 |
| £250,001 to £500,000; | 814 | 796 |
| £500,001 and over. | 1,061 | 1,037 |
SCHEDULE 2 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00014] £ |
|---|---|---|
| 1. Submission of a document conferring— | ||
| a continuing power of attorney under section 19 of the Act; | 79 | 77 |
| a welfare power of attorney under section 19 of the Act; | 79 | 77 |
| both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. | 79 | 77 |
| 2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 79 | 77 |
| 3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 19 | 19 |
| 4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 124 | 122 |
| 5. Submission 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. | 89 | 87 |
| 6. Where there is no application under section 24C, the submission 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. | 89 | 87 |
| 7. Submission 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. | 19 | 19 |
| 8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. | 19 | 19 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 19 | 19 |
| 10. Submission 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. | 19 | 19 |
| 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, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. | 19 | 19 |
| 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) of the Act. | 19 | 19 |
| 13. Submission 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. | 51 | 50 |
| 14. Provision of a copy of any document— | ||
| up to 10 pages; | 7 | 7 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 7 | 7 |
| 15. Registration under section 6(2) of the Act of— | ||
| a guardianship order; | 89 | 87 |
| an intervention order; | 89 | 87 |
| a variation of a guardianship order; | 89 | 87 |
| a variation of an intervention order; or | 89 | 87 |
| a renewal of a guardianship order, | 89 | 87 |
| made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property; | 56 | 55 |
| for an estate with heritable property. | 124 | 122 |
| 17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 56 | 55 |
| £30,001 to £50,000; | 253 | 248 |
| £50,001 to £250,000; | 503 | 493 |
| £250,001 to £500,000; | 836 | 820 |
| £500,001 and over. | 1,259 | 1,234 |
| 18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 59 | 58 |
| 19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 82 | 80 |
| £30,001 to £50,000; | 208 | 204 |
| £50,001 to £250,000; | 585 | 574 |
| £250,001 to £500,000; | 755 | 740 |
| £500,001 and over. | 1,007 | 987 |
| 19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 82 | 80 |
| £30,001 to £50,000; | 208 | 204 |
| £50,001 to £250,000; | 585 | 574 |
| £250,001 to £500,000; | 755 | 740 |
| £500,001 and over. | 1,007 | 987 |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 157 | 154 |
| £30,001 to £50,000; | 283 | 277 |
| £50,001 to £250,000; | 661 | 648 |
| £250,001 to £500,000; | 830 | 814 |
| £500,001 and over. | 1,082 | 1,061 |
SCHEDULE 3 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00015] £ |
|---|---|---|
| 1. Submission of a document conferring— | ||
| a continuing power of attorney under section 19 of the Act; | 81 | 79 |
| a welfare power of attorney under section 19 of the Act; | 81 | 79 |
| both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. | 81 | 79 |
| 2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 81 | 79 |
| 3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 19 | 19 |
| 4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 126 | 124 |
| 5. Submission 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. | 91 | 89 |
| 6. Where there is no application under section 24C, the submission 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. | 91 | 89 |
| 7. Submission 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. | 19 | 19 |
| 8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. | 19 | 19 |
| 9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. | 19 | 19 |
| 10. Submission 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. | 19 | 19 |
| 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, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. | 19 | 19 |
| 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) of the Act. | 19 | 19 |
| 13. Submission 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. | 52 | 51 |
| 14. Provision of a copy of any document— | ||
| up to 10 pages; | 7 | 7 |
| each page thereafter; | 0.50 | 0.50 |
| in electronic form, per document. | 7 | 7 |
| 15. Registration under section 6(2) of the Act of— | ||
| a guardianship order; | 91 | 89 |
| an intervention order; | 91 | 89 |
| a variation of a guardianship order; | 91 | 89 |
| a variation of an intervention order; or | 91 | 89 |
| a renewal of a guardianship order, | 91 | 89 |
| made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates). | ||
| 16. Recall of the powers of a guardian under section 73 of the Act— | ||
| for an estate with no heritable property; | 57 | 56 |
| for an estate with heritable property. | 126 | 124 |
| 17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 57 | 56 |
| £30,001 to £50,000; | 258 | 253 |
| £50,001 to £250,000; | 513 | 503 |
| £250,001 to £500,000; | 853 | 836 |
| £500,001 and over. | 1,284 | 1,259 |
| 18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 60 | 59 |
| 19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 84 | 82 |
| £30,001 to £50,000; | 212 | 208 |
| £50,001 to £250,000; | 597 | 585 |
| £250,001 to £500,000; | 770 | 755 |
| £500,001 and over. | 1,027 | 1,007 |
| 19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 84 | 82 |
| £30,001 to £50,000; | 212 | 208 |
| £50,001 to £250,000; | 597 | 585 |
| £250,001 to £500,000; | 770 | 755 |
| £500,001 and over. | 1,027 | 1,007 |
| (NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
| 20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act— | ||
| Estate value (excluding heritable property) | ||
| £0 to £30,000; | 160 | 157 |
| £30,001 to £50,000; | 289 | 283 |
| £50,001 to £250,000; | 674 | 661 |
| £250,001 to £500,000; | 847 | 830 |
| £500,001 and over. | 1,104 | 1,082 |
Signed
ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 2018-02-23
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations make provision for the fees payable to the Public Guardian.
Regulation 2 and schedules 1 to 3 specify fee levels payable to the Public Guardian in respect of certain matters.
- The fee levels for the period from 25th April 2018 until 31st March 2019 are given effect by the Table of Fees in schedule 1.
- The fee levels for the period from 1st April 2019 until 31st March 2020 are given effect by substituting the Table of Fees in schedule 1 with the Table of Fees in schedule 2.
- The fee levels from 1st April 2020 onwards are given effect by substituting the Table of Fees in schedule 2 with the Table of Fees in schedule 3.
Regulations 3 and 4 exempts certain persons from payment of fees.
Regulation 5 revokes the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2015.
A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.
Footnotes
[^f00001]: 2000 asp 4. The Adults with Incapacity (Scotland) Act 2000 was amended by the Adult Support and Protection (Scotland) Act 2007 (asp 10). Section 87(1) of the Adults with Incapacity (Scotland) Act 2000 contains a definition of “prescribe” relevant to the exercise of the statutory powers under which these Regulations are made. Section 87(1A) provides that any power under the 2000 Act to prescribe anything by regulations is exercisable by the Scottish Ministers.
[^f00002]: 1986 c.47. Section 13(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 74 and schedule 8, paragraph 36(3).
[^f00003]: 1992 c.4. Section 124, which provides for income support, was amended by the Jobseekers Act 1995 (c.18), section 41 and schedules 2 and 3; the Welfare Reform and Pensions Act 1999 (c.30), section 70 and schedule 8, Part IV, paragraph 28; the State Pension Credit Act 2002 (c.16), schedules 2 and 3; the Civil Partnership Act 2004 (c.33), schedule 24; the Welfare Reform Act 2007 (c.5), schedules 3 and 8; the Welfare Reform Act 2009 (c.24), section 3; and the Welfare Reform Act 2012 (c.5), schedule 14.
[^f00004]: 1995 c.18.
[^f00005]: 2002 c.16.
[^f00006]: 2002 c.21. Section 3(5A) was substituted for section 3(5) to (6) by the Civil Partnership Act 2004, schedule 24, paragraph 144(3).
[^f00007]: 2007 c.5.
[^f00008]: 2012 c.5.
[^f00009]: 2015 asp 5.
[^f00010]: S.S.I. 2015/260.
[^f00011]: Column 3 shows the fees which were payable by virtue of the schedule 3 of S.S.I. 2015/2060 immediately before the coming into force of this schedule.
[^f00012]: A different fee narrative for item 1 has previously been applicable.
[^f00013]: A different fee narrative for item 19 has previously been applicable.
[^f00014]: Column 3 shows the fees which were payable by virtue of the schedule 1 of these Regulations immediately before the coming into force of this schedule.
[^f00015]: Column 3 shows the fees which were payable by virtue of the schedule 2 of these Regulations immediately before the coming into force of this schedule.
Editorial notes
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