OpenLegislation

The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2002

S.S.I. 2002/131 · Made 14 March 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ADULTS WITH INCAPACITY

Made 14th March 2002

Laid before the Scottish Parliament 14th March 2002

Coming into force 22nd April 2002

The Scottish Ministers, in exercise of the powers conferred by sections 7(2) and 86(2) of the Adults with Incapacity (Scotland) Act 2000f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

2000 asp 4. See section 87(1) for the definition of “prescribe” and section 86(1) as to power to make regulations.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the principal regulations
  3. Signature
  4. Schedule AMENDMENT OF TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2002 and shall come into force on 22nd April 2002.

2Amendment of the principal regulations

(1)

The Schedule to the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2001f1 is amended in accordance with the following paragraphs.

(2)

In paragraph 3, for “certificate of registration issued under section 19(2) of the Act” there is substituted “certificate issued under the Act”.

(3)

At the end, there are inserted the paragraphs set out in the Schedule to these Regulations.

Signature

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th March 2002

AMENDMENT OF TABLE OF FEES PAYABLE TO PUBLIC GUARDIAN

Column 1Column 2
9

Registration under section 6(2) of the Act of–

(a)

a guardianship order;

(b)

an intervention order;

(c)

a variation of a guardianship order;

(d)

a variation of an intervention order; or

(e)

a renewal of a guardianship order,

made under Part 6 of the Act (including, where appropriate, checking caution and issuing certificates)

£35
10

Authorisation of a gift out of the adult’s estate under section 66(1) of the Act, where the gift has a value in excess of £2,500

£35
11

Grant of discharge of a guardian under section 72(1) of the Act–

(a)

for an estate with no heritable property

£35
(b)

for an estate with heritable property

£75
12

Recall of the powers of a guardian under section 73 of the Act–

(a)

for an estate with no heritable property

£35
(b)

for an estate with heritable property

£75
13

Approval of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,000£35
£30,001 to £50,000£150
£50,001 to £100,000£300
£100,001 to £500,000£500
£500,001 and over£750
14

Granting an application for consent made in accordance with paragraph 6 of schedule 2 to the Act

£100
15

Audit of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–

Estate value (excluding heritable property)
£0 to £30,000£50
£30,001 to £50,000£125
£50,001 to £100,000£350
£100,001 to £250,000£450
£250,001 to £750,000£600
£750,001 to £2,000,000£1,200
£2,000,001 and over£1,750

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2001 to make provision for the fees which may be charged by the Public Guardian for providing certain services under Part 6 of the Adults with Incapacity (Scotland) Act 2000 (regulation 2 and Schedule).