9 Fees charged by public trustee. E+W
(1)There shall be charged in respect of the duties of the public trustee such fees, whether by way of percentage or otherwise, [F1as the Lord Chancellor may fix.].
(2)Any expenses which might be retained or paid out of the trust property if the public trustee were a private trustee shall be so retained or paid, and the fees shall be retained or paid in the like manner as and in addition to such expenses.
(3)Such fees shall F2. . .be applied as an appropriation in aid of moneys provided by Parliament for expenses under this Act, and so far as not so applied shall be paid into the Exchequer.
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The incidence of [F4any expenses retained or paid] under this section as between capital and income shall be determined by the public trustee.
Textual Amendments
F1Words in s. 9(1) substituted (7.11.2002) by 2002 c. 35, s. 2(1)(a)
F2Words in s. 9(3) repealed (7.11.2002) by 2002 c. 35, s. 2(1)(b)
F3S. 9(4) repealed (7.11.2002) by 2002 c. 35, s. 2(1)(c)
F4Words substituted by Public Trustee (Fees) Act 1957 (c. 12), s. 1(5)
Modifications etc. (not altering text)
C1S. 9 modified by Covent Garden Market Act 1961 (c. 49), s. 14(4)
C2S. 9(1) amended by Public Trustees (Fees) Act 1957 (c. 12), s. 1(1) and Administration of Justice Act 1965 (c. 2), s.2(1)(b) (which Administration of Justice Act 1965 c.2, s. 2(1)(b) was repealed (13.6.1991) by Administration of Justice Act 1982 c. 53, s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245 art. 2(a)(i))
C3S. 9(1)(3) extended (1.7.1995) by 1994 C. 36, s. 19(5)(b); S.I. 1995/1317 art. 2
C4S. 9(3) amended by Administration of Justice Act 1965 (c. 2), s. 2(1)(c) (which Administration of Justice Act 1965 (c. 2), s. 2(1)(c) was repealed (13.6.1991) by Administration of Justice Act 1982 c. 53, s. 75(1), Sch. 9 Pt. I; S.I. 1991/1245, art. 2(a)(i))