The Public Trustee (Fees) (Amendment) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/351
Year2005

2005 No. 351

TRUSTEES, ENGLAND AND WALES

The Public Trustee (Fees) (Amendment) Order 2005

Made 18th February 2005

Coming into force 1st April 2005

The Lord Chancellor, in exercise of the power conferred upon him by section 9 of the Public Trustee Act 19061, as extended by section 1 of the Public Trustee (Fees) Act 19572, makes the following Order:

Citation, commencement and interpretation
S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Public Trustee (Fees) (Amendment) Order 2005 and shall come into force on 1st April 2005.

(2) In this Order an article referred to by number alone means the article so numbered in the Public Trustee (Fees) Order 19993.

Amendments to the Public Trustee (Fees) Order 1999

Amendments to the Public Trustee (Fees) Order 1999

S-2 In article 11(2)— for “10 per cent”, substitute “12.5 per...

2. In article 11(2)—

(a) for “10 per cent”, substitute “12.5 per cent”;

(b) for “8 per cent”, substitute “10 per cent”;

(c) for “4 per cent”, substitute “5 per cent”;

(d) for “3 per cent”, substitute “3.8 per cent”; and

(e) for “£1,000”, substitute “£1,250”.

S-3 In article 17— in paragraph (4)— for “3.75 per cent”,...

3. In article 17—

(a) in paragraph (4)—

(i) for “3.75 per cent”, substitute “4.65 per cent”;

(ii) for “2.15 per cent”, substitute “2.7 per cent”;

(iii) for “1.6 per cent”, substitute “2 per cent”;

(iv) for “1 per cent”, substitute “1.25 per cent”;

(v) for “0.5 per cent”, substitute “0.6 per cent”;

(vi) for “0.25 per cent”, substitute “0.3 per cent”; and

(vii) for “£300”, substitute “£375”, and

(b) in paragraph (5)(a) for “30 September 2002”, substitute “30 September 2004”.

S-4 In article 24(1) for “6 per cent”, substitute “7.5 per cent”.

In article 24(1) for “6 per cent”, substitute “7.5 per cent”.

4. In article 24(1) for “6 per cent”, substitute “7.5 per cent”.

S-5 In article 30(3)— for “1.35”, substitute “1.25”; and for “1st...

5. In article 30(3)—

(a) for “1.35”, substitute “1.25”; and

(b) for “1st April 2004”, substitute “1st April 2005”.

Transitional provisions
S-6 Transitional provisions

Transitional provisions

6. This Order has effect only in relation to fees payable on or after 1st April 2005, and in relation to fees payable before that date the Public Trustee (Fees) Order 1999 shall have effect as if this Order had not been made.

Cathy Ashton

Parliamentary Under Secretary of State

Department for Constitutional Affairs

18th February 2005

(This note is not part of the Order)

This Order amends the Public Trustee (Fees) Order 1999 (S.I. 1999/855), which was amended by the Public Trustee (Fees) (Amendment) Order 2002 (S.I. 2002/2232) and further amended by the Public Trustee (Fees) (Amendment) Order 2003 (S.I. 2003/690) and the Public Trustee (Fees) (Amendment) Order 2004 ( S.I.2004/799) and comes into force on 1 April 2005, in relation to fees payable on or after that date.

The table below sets out where executorship fees and annual administration fees have been increased. In addition, for the purposes of calculating the administration fee, this Order provides that the estate or trust will be valued as at 30 September 2004 (provided that the Public Trustee was acting on that date), instead of 30 September 2002.

Description of fee

Current Fee

New fee

Article 11(2): Executorship fee (rate calculated in accordance with Article 11(1)):

In...

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