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The Public Guardian (Fees, etc.) (Amendment) Regulations 2010

S.I. 2010/1062 · Made 25 March 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 May 2010.

Mental Capacity, England And Wales

Made 25th March 2010

Laid before Parliament 29th March 2010

Coming into force 1st May 2010

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

Annotations to the whole text

Footnotes

f1

2005, c.9. Section 65 was amended by the Mental Health Act 2007, section 50(7) and Schedule 9, Part 1, paragraphs 1 and 11, and by SI 2006/1016, article 2 and Schedule 1, paragraph 37.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Public Guardian (Fees, etc.) Regulations 2007
  3. 3Amendments to the Public Guardian (Fees, etc.) Regulations 2007
  4. 4Transitional provision
  5. Signature
  6. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Public Guardian (Fees, etc.) (Amendment) Regulations 2010 and shall come into force on 1st May 2010.

2Amendments to the Public Guardian (Fees, etc.) Regulations 2007I1

The Public Guardian (Fees, etc.) Regulations 2007f1 are amended in accordance with regulation 3.

3Amendments to the Public Guardian (Fees, etc.) Regulations 2007I1

In regulation 10 (reductions and remissions in exceptional circumstances)—

(a)

before “Where it appears” insert “(1)”; and

(b)

at the end, insert—

“(2)

An application for the reduction or remission of any fee paid under regulation 8 (appointment of deputy: supervision fees) must be made to the Public Guardian within 6 months after the date of the invoice in respect of that fee.”

4Transitional provisionI1

These Regulations apply to applications for the reduction or remission of a fee, the invoice for which is dated 1st May 2010 or later.

Signature

Signed on the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

25th March 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Public Guardian (Fees. etc.) Regulations 2007 (SI 2007/2051) by inserting new paragraph (2) into regulation 10 (reductions and remissions in exceptional circumstances) providing that an application for the reduction or remission of any fee paid under regulation 8 (appointment of deputy: supervision fees) must be made to the Public Guardian within 6 months after the date of the invoice for that fee (regulation 3). The 6-month time limit applies only to applications for the reduction or remission of such fees, where the invoice for that fee is dated on or after 1st May 2010, the date of coming into force of these Regulations (regulation 4).