The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018

Regulation 2(a)

SCHEDULE 1 S TABLE OF FEES

Commencement Information

I1 Sch. 1 in force at 25.4.2018, see reg. 1(1)

Payable from 25th April 2018

Column 1 (Matters)	Column 2 (Fee payable) £	Column 3 (Fee formerly payable)(1) £
1. Submission of a document conferring—
(a) a continuing power of attorney under section 19 of the Act;	77	75(2)
(b) a welfare power of attorney under section 19 of the Act;	77	75
(c) 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—
(a) up to 10 pages;	7	6
(b) each page thereafter;	0.50	0.50
(c) in electronic form, per document.	7	6
15. Registration under section 6(2) of the Act of—
(a) a guardianship order;	87	85
(b) an intervention order;	87	85
(c) a variation of a guardianship order;	87	85
(d) a variation of an intervention order; or	87	85
(e) 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—
(a) for an estate with no heritable property;	55	54
(b) 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(3)
£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

Valid from 01/04/2019

Regulation 2(b)

SCHEDULE 2 S TABLE OF FEES

Commencement Information

I2 Sch. 2 in force at 1.4.2019, see reg. 1(2)

Payable from 1st April 2019

Column 1 (Matters)	Column 2 (Fee payable) £	Column 3 (Fee formerly payable)(4) £
1. Submission of a document conferring—
(a) a continuing power of attorney under section 19 of the Act;	79	77
(b) a welfare power of attorney under section 19 of the Act;	79	77
(c) 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—
(a) up to 10 pages;	7	7
(b) each page thereafter;	0.50	0.50
(c) in electronic form, per document.	7	7
15. Registration under section 6(2) of the Act of—
(a) a guardianship order;	89	87
(b) an intervention order;	89	87
(c) a variation of a guardianship order;	89	87
(d) a variation of an intervention order; or	89	87
(e) 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—
(a) for an estate with no heritable property;	56	55
(b) 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

Valid from 01/04/2020

Regulation 2(c)

SCHEDULE 3 S TABLE OF FEES

Commencement Information

I3 Sch. 3 in force at 1.4.2020, see reg. 1(3)

Payable from 1st April 2020

Column 1 (Matters)	Column 2 (Fee payable) £	Column 3 (Fee formerly payable)(5) £
1. Submission of a document conferring—
(a) a continuing power of attorney under section 19 of the Act;	81	79
(b) a welfare power of attorney under section 19 of the Act;	81	79
(c) 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—
(a) up to 10 pages;	7	7
(b) each page thereafter;	0.50	0.50
(c) in electronic form, per document.	7	7
15. Registration under section 6(2) of the Act of—
(a) a guardianship order;	91	89
(b) an intervention order;	91	89
(c) a variation of a guardianship order;	91	89
(d) a variation of an intervention order; or	91	89
(e) 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—
(a) for an estate with no heritable property;	57	56
(b) 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

(1)

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.

(2)

A different fee narrative for item 1 has previously been applicable.

(3)

A different fee narrative for item 19 has previously been applicable.

(4)

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.

(5)

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.