2022 No. 184
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2022
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7(2) and 86(2) of the Adults with Incapacity (Scotland) Act 20001 and all other powers enabling them to do so.
Citation, commencement, effect and interpretation1
1
These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2022 and, subject to paragraphs (2) and (3), come into force on 1 July 2022.
2
Regulation 2(b) and schedule 2 come into force, and regulation 2(a) and schedule 1 cease to have effect, on 1 April 2023.
3
Regulation 2(c) and schedule 3 come into force, and regulation 2(b) and schedule 2 cease to have effect, on 1 April 2024.
4
In these Regulations, “the Act” means the Adults with Incapacity (Scotland) Act 2000.
Fees payable to the Public Guardian2
Subject to regulations 3 and 4—
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 1 July 2022) are the fees prescribed 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 1 April 2023) are the fees prescribed 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 1 April 2024) are the fees prescribed in relation to those matters in column 2 of that Table.
Exemption of certain persons from fees: legal aid3
A fee prescribed by these Regulations is not payable by a person if—
a
the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 19862 in respect of the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable,
b
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, or
c
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(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.
Exemption of certain persons from fees: social security4
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 19923,
b
the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 19954,
c
the person or the person’s partner (“the party”) is in receipt of guarantee credit under the State Pension Credit Act 20025,
d
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 20026) 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 £20,592 or less,
e
the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 20077,
f
the person is in receipt of universal credit under Part 1 of the 2012 Act,
g
the person is in receipt of either—
i
personal independence payment under Part 4 of the 2012 Act, or
ii
adult disability payment within the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 20228,
provided that the person’s gross annual income is £20,592 or less, or
h
the person or the person’s partner has, within the period of 3 months prior to the date the prescribed fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 20159.
2
In this regulation—
“partner” means a person to whom a person is married or with whom the person is in a civil partnership,
“the 2012 Act” means the Welfare Reform Act 201210.
Revocation5
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 201811 are revoked.
SCHEDULE 1TABLE OF FEES
Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)12 £ |
---|---|---|
1. Submission of a continuing power of attorney, a welfare power of attorney or a combined continuing and welfare power of attorney under section 19 of the Act. | 83 | 81 |
2. Registration of a deed of amendment to a continuing or welfare power of attorney under section 19 of the Act. | 83 | 81 |
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. | 129 | 126 |
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. | 93 | 91 |
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. | 93 | 91 |
7. Submission of an application for appointment or provision of a certificate or duplicate certificate of authority under any of the following sections of the Act - sections 26B, 26D, 26E, 26F and 26G | 19 | 19 |
8. 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 |
9. 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. | 53 | 52 |
10. Provision of a copy of any document— | ||
| 7 | 7 |
| 0.50 | 0.50 |
| 7 | 7 |
11. Registration and/or variation of a guardianship or an intervention order and registration of a renewal of a guardianship order under Part 6 of the Act. | 93 | 91 |
12. Recall of the powers of a guardian under section 73 of the Act— | ||
| 58 | 57 |
| 129 | 126 |
13. 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, | 58 | 57 |
£30,001 to £50,000, | 263 | 258 |
£50,001 to £250,000, | 523 | 513 |
£250,001 to £500,000, | 870 | 853 |
£500,001 and over. | 1,310 | 1,284 |
14. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 61 | 60 |
15. 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, | 86 | 84 |
£30,001 to £50,000, | 216 | 212 |
£50,001 to £250,000, | 608 | 597 |
£250,001 to £500,000, | 785 | 770 |
£500,001 and over. | 1,048 | 1,027 |
16. 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, | 86 | 84 |
£30,001 to £50,000, | 216 | 212 |
£50,001 to £250,000, | 608 | 597 |
£250,001 to £500,000, | 785 | 770 |
£500,001 and over. | 1,048 | 1,027 |
(NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
17. 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, | 163 | 160 |
£30,001 to £50,000, | 295 | 289 |
£50,001 to £250,000, | 687 | 674 |
£250,001 to £500,000, | 864 | 847 |
£500,001 and over. | 1,126 | 1,104 |
SCHEDULE 2TABLE OF FEES
Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)13 £ |
---|---|---|
1. Submission of a continuing power of attorney, a welfare power of attorney or a combined continuing and welfare power of attorney under section 19 of the Act. | 85 | 83 |
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 85 | 83 |
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 20 | 19 |
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 132 | 129 |
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. | 95 | 93 |
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. | 95 | 93 |
7. Submission of an application for appointment or provision of a certificate or duplicate certificate of authority under any of the following sections of the Act - sections 26B, 26D, 26E, 26F and 26G. | 20 | 19 |
8. 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. | 20 | 19 |
9. 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. | 54 | 53 |
10. Provision of a copy of any document— | ||
| 7 | 7 |
| 0.50 | 0.50 |
| 7 | 7 |
11. Registration and/or variation of a guardianship or an intervention order and registration of a renewal of a guardianship order under Part 6 of the Act. | 95 | 93 |
12. Recall of the powers of a guardian under section 73 of the Act— | ||
| 59 | 58 |
| 132 | 129 |
13. 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, | 59 | 58 |
£30,001 to £50,000, | 268 | 263 |
£50,001 to £250,000, | 533 | 523 |
£250,001 to £500,000, | 887 | 870 |
£500,001 and over. | 1,336 | 1,310 |
14. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 62 | 61 |
15. 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, | 88 | 86 |
£30,001 to £50,000, | 220 | 216 |
£50,001 to £250,000, | 620 | 608 |
£250,001 to £500,000, | 801 | 785 |
£500,001 and over. | 1,069 | 1,048 |
16. 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, | 88 | 86 |
£30,001 to £50,000, | 220 | 216 |
£50,001 to £250,000, | 620 | 608 |
£250,001 to £500,000, | 801 | 785 |
£500,001 and over. | 1,069 | 1,048 |
(NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
17. 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, | 166 | 163 |
£30,001 to £50,000, | 301 | 295 |
£50,001 to £250,000, | 701 | 687 |
£250,001 to £500,000, | 881 | 864 |
£500,001 and over. | 1,149 | 1,126 |
SCHEDULE 3TABLE OF FEES
Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)14 £ |
---|---|---|
1. Submission of a continuing power of attorney, a welfare power of attorney or a combined continuing and welfare power of attorney under section 19 of the Act. | 87 | 85 |
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. | 87 | 85 |
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. | 20 | 20 |
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. | 135 | 132 |
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. | 97 | 95 |
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. | 97 | 95 |
7. Submission of an application for appointment or provision of a certificate or duplicate certificate of authority under any of the following sections of the Act - sections 26B, 26D, 26E, 26F and 26G | 20 | 20 |
8. 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. | 20 | 20 |
9. 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. | 55 | 54 |
10. Provision of a copy of any document— | ||
| 7 | 7 |
| 0.50 | 0.50 |
| 7 | 7 |
11. Registration and/or variation of a guardianship or an intervention order and registration of a renewal of a guardianship order under Part 6 of the Act. | 97 | 95 |
12. Recall of the powers of a guardian under section 73 of the Act— | ||
| 60 | 59 |
| 135 | 132 |
13. 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, | 60 | 59 |
£30,001 to £50,000, | 273 | 268 |
£50,001 to £250,000, | 544 | 533 |
£250,001 to £500,000, | 905 | 887 |
£500,001 and over. | 1,363 | 1,336 |
14. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. | 63 | 62 |
15. 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, | 90 | 88 |
£30,001 to £50,000, | 224 | 220 |
£50,001 to £250,000, | 632 | 620 |
£250,001 to £500,000, | 817 | 801 |
£500,001 and over. | 1,090 | 1,069 |
16. 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, | 90 | 88 |
£30,001 to £50,000, | 224 | 220 |
£50,001 to £250,000, | 632 | 620 |
£250,001 to £500,000, | 817 | 801 |
£500,001 and over. | 1,090 | 1,069 |
(NOTE: these fees only apply where the Public Guardian has requested formal accounting.) | ||
17. 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, | 169 | 166 |
£30,001 to £50,000, | 315 | 301 |
£50,001 to £250,000, | 715 | 701 |
£250,001 to £500,000, | 898 | 881 |
£500,001 and over. | 1,172 | 1,149 |
(This note is not part of the Regulations)