The Public Guardian (Fees, etc) (Amendment) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/1033 |
| Year | 2019 |
2019 No. 1033
Mental Capacity, England And Wales
The Public Guardian (Fees, etc) (Amendment) Regulations 2019
Made 26th June 2019
Laid before Parliament 28th June 2019
Coming into force 31th July 2019
The Lord Chancellor, in exercise of the powers conferred by section 58(3) and (4) of the Mental Capacity Act 20051, makes the following Regulations:
Citation and commencement and interpretation
1. These Regulations may be cited as the Public Guardian (Fees, etc) (Amendment) Regulations 2019 and come into force on 31st July 2019.
2. In these Regulations—
(a) “the 2007 Regulations” means the Public Guardian (Fees, etc) Regulations 20072; and
(b) a reference to a regulation by number alone is a reference to that regulation so numbered in the 2007 Regulations.
Amendments to the 2007 Regulations
3. The 2007 Regulations are amended in accordance with regulations 4 to 9 of these Regulations.
4. In regulation 2 (interpretation)—
(a) before the definition of “the Act”, insert—
““the 2017 Act” means the Guardianship (Missing Persons) Act 20173;”;
(b) in the definition of “court”, at the end insert “or in relation to proceedings under the 2017 Act the court for the time being designated by the Lord Chancellor under section 23 of the 2017 Act;”;
(c) after the definition of “court”, insert—
““guardian” has the meaning given in the 2017 Act;
“guardianship order” has the meaning given in the 2017 Act;
“missing person” has the meaning given in the 2017 Act;”;
(d) in the definition of “the registers”—
(i) in paragraph (b) omit “and”;
(ii) in paragraph (c), at the end insert “and”;
(iii) after paragraph (c), insert—
“(d)
“(d) the register of guardianship orders,”;
(iv) after “under section 58(1)(a) and (b)”, insert “and (2A)(a)”.
5. After regulation 8 (appointment of deputy: assessment and supervision fees), insert—
“Guardianship orders: set-up and supervision fees
8A.—(1) This regulation applies where the court has made a guardianship order.
(2) A set-up fee shall be payable by the guardian within 30 days of the date of the invoice for the fee.
(3) An annual supervision fee shall be payable by the guardian until—
(a)
(a) the period of guardianship specified in the guardianship order expires under section 7 of the 2017 Act (period of guardianship);
(b)
(b) the court makes an order revoking the guardianship order under section 13 of the 2017 Act (revocation of the guardianship order); or
(c)
(c) the guardianship order is automatically revoked under section 14 of the 2017 Act (automatic revocation).
(4) Subject to paragraph (6), the annual supervision fee shall be due—
(a)
(a) for the first year, on the date 12 months after the date of the guardianship order;
(b)
(b) thereafter, on the date 12 months after the previous annual supervision fee became payable; and
shall be payable by the guardian within 30 days of the date of the invoice for the fee.
(5) Where the period for which the fee prescribed by paragraph (3) is payable is less than one year, the amount of the fee payable shall be such proportion of the full fee as that period bears to one year.
(6) Where the period of guardianship expires or the guardianship order is revoked, the appropriate fee prescribed by paragraph (3) shall be due on the date of expiry or revocation and shall be payable within 30 days of the date of the invoice for the fee.
(7) In the event of automatic revocation of the guardianship order under section 14(1)(c) of the 2017 Act due to the death of the guardian, the appropriate fee prescribed by paragraphs (2) and (3) above shall be payable by the missing person or charged to their estate.”.
6. In regulation 9 (exemptions)—
(a) in paragraph (1) for “no fee shall be payable under these regulations, when” substitute “the Public Guardian shall grant an exemption such that no fee shall be payable under these regulations where, on application for an exemption, reduction or remission, it is shown that”;
(b) after paragraph (1) insert—
“1A Where the Public Guardian grants an exemption under paragraph (1) in respect of the following fees—
(a) deputyship general supervision (regulation 8); or
(b) guardianship supervision (regulation 8A);
that exemption shall be granted for a period that the Public Guardian sees fit, such a period not to exceed 3 years.
(1AA) At...
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