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2. In relation to fee number 42—
(1) The annual administration fee shall be payable in respect of the clear annual income at the disposal of the patient from the date of issue of the first application for the appointment of a controller or other originating process until the termination of the proceedings.
(2) In any case in which it appears to the court that the amount certified has been wrongly assessed, the court may direct that the fee is to be adjusted upon the passing of the controller’s accounts or at such other time as appears to the court to be convenient.
(3) No administration fee may be taken where the proceedings are terminated before any order is made.
(4) The clear annual income at the patient’s disposal, for the purposes of this fee does not include income which accrued and became payable to him more than six months prior to the date of the first application for the appointment of a controller or other originating process but which was received after that date.
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