Acts of Parliament>>Miscellaneous>>The Adults with Incapacity (Public Guardian's Fees) (Scotland) Amendment Regulations 2008
Crown Copyright Acknowledged
SCOTTISH STATUTORY INSTRUMENTS
The Adults with Incapacity (Public Guardian's Fees) (Scotland) Amendment Regulations 2008
Made
6th June 2008
Laid before the Parliament
6th June 2008
Coming into force in accordance with article 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 2000(1) and of other powers enabling them to do so.
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.
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008(2) 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 Schedule(3) 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.
St Andrew’s House,
Edinburgh
6th June 2008
KENNY MACASKILL
A member of the Scottish
Executive
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
(b)
each page thereafter
(c)
on a computer disc or in other electronic form per document
5
0.50
5
–
0.20
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
(b)
for an estate with heritable property
45
95
41
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
20.
Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–
125
116
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–
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
(b)
each page thereafter
(c)
on a computer disc or in other electronic form per document
5
0.50
5
5
0.50
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
(b)
for an estate with heritable property
45
95
45
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
20.
Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–
130
125
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
755
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–
