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The Public Guardian (Fees, etc.) (Amendment) Regulations 2009

S.I. 2009/514 · Made 3 March 2009 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2009.

Mental Capacity, England And Wales

Made 3rd March 2009

Laid before Parliament 11th March 2009

Coming into force 1st April 2009

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 58(3) and (4) and 65(1) of the Mental Capacity Act 2005f1.

Annotations to the whole text

Footnotes

f1

2005 c. 9.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  3. 3Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  4. 4Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  5. 5Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  6. 6Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  7. 7Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  8. 8Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  9. 9Amendment of the Public Guardian (Fees, etc.) Regulations 2007
  10. Signature
  11. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Public Guardian (Fees, etc.) (Amendment) Regulations 2009 and come into force on 1st April 2009.

2Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

The Public Guardian (Fees, etc.) Regulations 2007f1 are amended as follows.

3Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

In regulation 2 (interpretation), after the definition of “court”, insert—

  • ““office copy” means a true copy of the original marked by the Public Guardian as being an office copy;”.

4Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

After regulation 4 (enduring power of attorney registration fee), insert—

“Enduring power of attorney office copy fee

4A.
(1)

A fee for an office copy of an enduring power of attorney registered under paragraph 13 in Part 4 of Schedule 4 to the Mental Capacity Act 2005 shall be payable by the person requesting the office copy.

(2)

The fee prescribed by paragraph (1) shall be payable at the time the request for an office copy is made.”.

5Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

After regulation 5 (lasting power of attorney registration fee), insert—

“Lasting power of attorney office copy fee

5A.
(1)

A fee for an office copy of a lasting power of attorney registered under Part 2 of Schedule 1 to the Mental Capacity Act 2005f1 shall be payable by the person requesting the office copy.

(2)

The fee prescribed by paragraph (1) shall be payable at the time the request for an office copy is made.”.

6Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

In regulation 7(1) (appointment of deputy fee), omit from “; or” to the end.

7Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

In regulation 8 (appointment of deputy: supervision fees)—

(a)

in sub-paragraph (1), omit from “; or” to the end;

(b)

after sub-paragraph (3)(a) insert—

(aa)

type IIA (intermediate); and

(c)

in paragraph (4), after “type I (highest) insert “, type IIA (intermediate)”.

8Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

In regulation 9 (exemptions)—

(a)

in sub-paragraph (7)(e), omit “and” in the second place where it occurs; and

(b)

at the end of sub-paragraph (7)(f), insert—

“; and

(g)

income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007f1”.

9Amendment of the Public Guardian (Fees, etc.) Regulations 2007I1

In the Schedule (fees to be taken)—

(a)

after the entry for enduring power of attorney registration, insert in column 1 “Enduring power of attorney office copy fee (regulation 4A)” and in column 2 “£25”;

(b)

in the entry for lasting power of attorney registration, in column 2, substitute “£120” for “£150”;

(c)

after the entry for lasting power of attorney registration, insert in column 1 “Lasting power of attorney office copy fee (regulation 5A)” and in column 2 “£25”;

(d)

in the entry for appointment of deputy, in column 2, substitute “£100” for “£125”; and

(e)

after the entry for type I (highest) supervision, insert in column 1 “Type IIA (intermediate) supervision (regulation 8)” and in column 2 “£350 per annum”.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd March 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Public Guardian (Fees, etc.) Regulations 2007 (“the 2007 Regulations”) by:

  • prescribing a new fee for obtaining an office copy of a registered enduring or lasting power of attorney (regulations 3 to 5 and 9(a) and (c));

  • removing application of regulation 7 and 8 of the 2007 Regulations to existing receivers (regulation 6 and 7(a));

  • creating an additional level of supervision for deputies and prescribing a new fee (regulation 7(b) and (c) and 9(e));

  • making provision for an additional qualifying benefit under regulation 9 of the 2007 Regulations, so that if the relevant person is in receipt of income-related employment and support allowance no fee will be payable under the 2007 Regulations (regulation 8); and

  • decreasing the lasting power of attorney registration fee (from £150 to £120) (regulation 9(b)) and the appointment of deputy fee (from £125 to £100) (regulation 9(d)).