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The Public Guardian (Fees, etc.) (Amendment) Regulations 2017

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2017, ISBN 9780111154205

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.

Draft Regulations laid before Parliament under section 180(7) of the Anti-social Behaviour, Crime and Policing Act 2014, for approval by resolution of each House of Parliament.

Mental Capacity, England And Wales

Made ***

Coming into force in accordance with regulation 1

The Lord Chancellor, with the consent of the Treasury, in exercise of the powers conferred by section 58(3)(b) and (4)(b) of the Mental Capacity Act 2005f1, and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014f2 makes the following Regulations:

A draft of this instrument has been laid before Parliament in accordance with section 180(7) of the Anti-social Behaviour, Crime and Policing Act 2014 and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2005 c. 9.

f2

2014 c. 12.

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Amendments to the 2007 Regulations
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Public Guardian (Fees, etc.) (Amendment) Regulations 2017 and come into force on 1st April 2017 or, if made after that date, on the day after the date on which they are made.

2Application

Regulation 3 applies where the application to which the fee due under the Public Guardian (Fees, etc.) Regulations 2007f1 (“the 2007 Regulations”) relates is made on or after the date on which these Regulations come into force.

3Amendments to the 2007 Regulations

In the 2007 Regulations, in the Schedule (fees to be taken)f1—

(a)

in the entry for “Fee for application to register an enduring power of attorney (regulation 4)”, for the amount in column 2 substitute “£82”;

(b)

in the entry for “Fee for application to register a lasting power of attorney (regulation 5)”, for the amount in column 2 substitute “£82”, and

(c)

in the entry for “Reduced fee for repeat application to register a lasting power of attorney (regulation 5)”, for the amount in column 2 substitute “£41”.

Signature

Name

Parliamentary Under-Secretary of State

Ministry of Justice

Date

We consent

Names

Two of the Lords Commissioners of Her Majesty’s Treasury

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Public Guardian (Fees, etc.) Regulations 2007 (S.I. 2007/2051) by amending the Schedule (fees to be taken) to change the fee for an application to register an enduring, or a lasting, power of attorney from £110 to £82, and to change the fee for a repeat application to register a lasting power of attorney from £55 to £41.

A full impact assessment has been prepared for this instrument and can be found at www.legislation.gov.uk or obtained from the Policy Manager, Family Justice Policy – Mental Capacity, Access to Justice Directorate, Ministry of Justice, 102 Petty France, London, SW1H 9AJ.