The Public Guardian (Fees, etc.) (Amendment) Regulations 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/2189 |
| Year | 2011 |
2011 No. 2189
Mental Capacity, England And Wales
The Public Guardian (Fees, etc.) (Amendment) Regulations 2011
Made 5th September 2011
Laid before Parliament 6th September 2011
Coming into force 1st October 2011
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 58(3) and (4), 64(1) and 65(1) of, and Schedule 1 to, the Mental Capacity Act 20051.
Citation and commencement
1. These Regulations may be cited as the Public Guardian (Fees, etc.) (Amendment) Regulations 2011 and come into force on 1st October 2011.
Amendment of the Public Guardian (Fees, etc.) Regulations 2007
2. The Public Guardian (Fees, etc.) Regulations 20072are amended as follows.
3. In regulation 4 (enduring power of attorney registration fee) for the heading substitute “Fee for application to register an enduring power of attorney”.
4. In regulation 5 (lasting power of attorney registration fee)—
(a) for the heading substitute “Fees for application to register a lasting power of attorney and repeat application to register”;
(b) after paragraph (1) insert—
“1A A reduced fee for an application to register a lasting power of attorney shall be payable where the application is a repeat application in the following circumstances—
(a) the initial application to register a lasting power of attorney is made on or after 1st October 2011;
(b) the initial application is returned to the applicant as invalid; and
(c) the repeat application to register is submitted within 3 months of the date on which the invalid application was returned to the applicant.”; and
(c) for paragraph (2) substitute—
“2 The fee prescribed by—
(a) paragraph (1) shall be payable upon the application to register the lasting power of attorney; and
(b) paragraph (1A) shall be payable upon the submission of the repeat application to register.”.
Omit regulation 6 (application to search the registers fee).
5. Omit regulation 6 (application to search the registers fee).
Omit regulation 7 (appointment of deputy fee).
6. Omit regulation 7 (appointment of deputy fee).
7. In regulation 8 (appointment of deputy: supervision fees)—
(a) for the heading substitute “Appointment of deputy: assessment and supervision fees”;
(b) in paragraph (2), for “determine” substitute “assess”;
(c) in paragraph (3)—
(i) in sub-paragraph (a), for “type I (highest);” substitute “general; and”;
(ii) omit sub-paragraph (aa);
(iii) in sub-paragraph (b), for “type II (lower); and” substitute “minimal.”; and
(iv) omit sub-paragraph (c);
(d) after paragraph (3) insert—
“3A Where the Public Guardian makes an assessment in accordance with paragraph (2) a fee shall be payable by P within 30 days of the date of the invoice for the fee.”;
(e) for paragraph (4) substitute—
“4 Where the level of supervision assessed by the Public Guardian in accordance with paragraph (2) is—
(a) “general”, an annual supervision fee shall be payable by P until the appointment of the deputy is terminated; and
(b) “minimal”, an annual administration fee shall be payable by P until the appointment of the deputy is terminated.”;
(f) in paragraph (5), for “paragraph (2)” substitute “paragraph (4)”; and
(g) in paragraph (8), for “paragraph (2)” substitute “paragraphs (3A) and (4)”.
8. In regulation 9 (exemptions)—
(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (2A)”;
(b) after paragraph (2) insert—
“2A Paragraph (1) does not apply to the office copy fees prescribed by regulations 4A and 5A.”.
9. In regulation 10 (reductions and remissions in exceptional circumstances), in paragraph (2), after “deputy:” insert “assessment and”.
10. In the Schedule (fees to be taken)—
(a) for the entry for enduring power of attorney registration, substitute in column 1 “Fee for application to register an enduring power of attorney (regulation 4)” and in column 2 “£130.00”;
(b) for the entry for lasting power of attorney registration, substitute in column 1 “Fee for application to register a lasting power of attorney (regulation 5)” and in column 2 “£130.00”;
(c) after the entry for...
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