The Public Guardian (Fees, etc) (Amendment) Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/1748
Year2013

2013 No. 1748

Mental Capacity, England And Wales

The Public Guardian (Fees, etc) (Amendment) Regulations 2013

Made 11th July 2013

Laid before Parliament 16th July 2013

Coming into force 1st October 2013

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 58(3) and (4), 64(1) and 65 of the Mental Capacity Act 20051.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Public Guardian (Fees, etc) (Amendment) Regulations 2013 and come into force on the 1st October 2013.

Application
S-2 Application

Application

2. Regulations 4 and 5 apply where the application or appointment to which the fee due under the Public Guardian (Fees, etc) Regulations 20072relates is made on or after the date on which these Regulations come into force.

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

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

S-3 The Public Guardian (Fees, etc ) Regulations 2007 are amended...

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

S-4 In regulation 10 (reductions and remissions)— in the heading,...

4. In regulation 10 (reductions and remissions)—

(a) in the heading, omit “in exceptional circumstances”; and

(b) after paragraph (1), insert—

S-1A

“1A Where, at the time that a fee under these Regulations is payable, the relevant person (or a couple which includes the relevant person) is in receipt of universal credit under the Welfare Reform Act 20123, the Public Guardian may reduce or remit that fee.

S-1B

1B Paragraph (1A) does not apply to the office copy fees prescribed by regulations 4A and 5A.

S-1C

1C In paragraph (1A)—

(a) paragraphs (3) to (6) of regulation 9 apply for the purpose of determining who is the relevant person;

(b) “couple” has the meaning given in section 39 of the Welfare Reform Act 2012.”.

S-5 In the Schedule (fees to be taken)— in the entry for “Fee for...

5. In the Schedule (fees to be taken)—

(a) in the entry for “Fee for application to register an enduring power of attorney (regulation 4)”, for the amount in column 2 substitute “£110.00”;

(b) in the entry for “Fee for application to register a lasting power of attorney (regulation 5)”, for the amount in column 2 substitute “£110.00”; and

(c) in the entry for “Reduced fee for repeat application to register a lasting power of attorney (regulation...

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