The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2015

Citation, commencement, effect and interpretation

1.—(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2015 and, subject to paragraphs (2) and (3), come into force on 22nd September 2015.

(2) Regulation 2(b) and Schedule 2 come into force, and regulation 2(a) and Schedule 1 cease to have effect, on 1st April 2016.

(3) Regulation 2(c) and Schedule 3 come into force, and regulation 2(b) and Schedule 2 cease to have effect, on 1st April 2017.

(4) In these Regulations, “the Act” means the Adults with Incapacity (Scotland) Act 2000.

Fees payable to the Public Guardian

2.  Subject to regulation 3—

(a) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in Schedule 1 (table of fees payable from 22nd September 2015) are the fees specified in relation to those matters in column 2 of that Table;

(b) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in Schedule 2 (table of fees payable from 1st April 2016) are the fees specified in relation to those matters in column 2 of that Table; and

(c) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in Schedule 3 (table of fees payable from 1st April 2017) are the fees specified in relation to those matters in column 2 of that Table.

Exemption of certain persons from fees

3.—(1) A fee prescribed by these Regulations is not payable by a person if—

(a) the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992(1);

(b) the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995(2);

(c) the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012(3);

(d) the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986(4) in respect of the matter in the Table of Fees in Schedule 1, 2 or 3 in connection with which the fee is payable;

(e) the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application;

(f) the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in Schedule 1, 2 or 3 in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency;

(g) the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002(5);

(h) the person or the person’s partner is in receipt of working tax credit, provided that—

(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002(6)) which includes the party; or

(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £16,642 or less; or

(i) the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(7).

(2) In this regulation, “partner” means a person to whom a person is married or with whom the person is registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004(8).

Revocations

4.  The instruments listed in column 1 of the table in Schedule 4 are revoked to the extent described in column 3 of that table.

MICHAEL MATHESON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

15th June 2015