
1 

(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2008 and, subject to paragraphs (2) and (3), shall come into force on 1st August 2008.
(2) Regulation 2(3)(b) and Schedule 2 shall come into force, and regulation 2(3)(a) and Schedule 1 shall cease to have effect, on 1st April 2009.
(3) Regulation 2(3)(c) and Schedule 3 shall come into force, and regulation 2(3)(b) and Schedule 2 shall cease to have effect, on 1st April 2010.
2 

(1) The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008 shall be amended in accordance with the following paragraphs.
(2) For regulation 2 (fees payable to Public Guardian), substitute–“
2 
The fees payable to the Public Guardian in respect of matters specified in column 1 of the Table of Fees in the Schedule shall be the fees specified in relation to those matters in column 2 of that Table (the previous fees payable being shown in column 3 of that Table).”
(3) The Table of Fees in the Schedule shall be substituted by–
(a) the Table of Fees in Schedule 1 to these Regulations on 1st August 2008;
(b) the Table of Fees in Schedule 2 to these Regulations on 1st April 2009; and
(c) the Table of Fees in Schedule 3 to these Regulations on 1st April 2010.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th June 2008
SCHEDULE 1
Regulation 2(3)(a), as read with regulation 1


Column 1 Column 2 Column 3
(Matters) (Fee payable)£ (Fee formerly payable)
 £ £

1 
Search of registers under section 6(2)(b) of the Act (per half hour or any part thereof) 15 8

2 
Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act 65 60

3 
Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act 10 11

4 
Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act 95 87

5 
Processing of an application for authorisation to obtain information about the adult’s funds under section 24C of the Act, and where such an application is granted, the issue of a certificate authorising any fundholder to provide the applicant with such information 65 60

6 
Where there is no application under section 24C or where the certificate granted under section 24C is more than 4 months old, processing of an application for authorisation to intromit with funds under section 25 of the Act, and where such an application is granted, the issue of a certificate of authority to the withdrawer 65 60

7 
Processing of an application for appointment as a joint withdrawer under section 26B of the Act, and where such an application is granted, the issue of a certificate of authority to the joint withdrawer 10 11

8 
Processing of an application for appointment as a reserve withdrawer under section 26D 10 11

9 
Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) where the certificate is not applied for at the same time as the application under section 26D is made 10 11

10 
Processing of an application for variation of a withdrawal certificate under section 26F of the Act, and where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer 10 11

11 
Where an application for authority to transfer a specified sum under section 26G of the Act is not made at the same time as an application under section 25, processing of an application under section 26G, and where such an application is granted, the issue of a certificate to the applicant 10 11

12 
Provision of a duplicate or replacement of a certificate of authority issued under sections 24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) 10 11

13 
Processing of an application for renewal of authority to intromit with funds under section 31B of the Act, and where such an application is granted, the issue of a certificate of authority to the joint withdrawer 40 35

14 
Provision of a copy of any document–  

(a) up to 10 pages 5 –

(b) each page thereafter 0.50 0.20

(c) on a computer disc or in other electronic form per document 5 3

15 
Registration under section 6(2) of the Act of– 65 60

(a) a guardianship order;  

(b) an intervention order;  

(c) a variation of a guardianship order;  

(d) a variation of an intervention order; or  

(e) a renewal of a guardianship order,  
made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates)  

16 
Authorisation of a gift out of the adult’s estate under section 66(1) of the Act, where the gift has a value in excess of £2,500 45 41

17 
Recall of the powers of a guardian under section 73 of the Act–  

(a) for an estate with no heritable property 45 41

(b) for an estate with heritable property 95 87

18 
Approval of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 45 41
£30,001 to £50,000 190 174
£50,001 to £100,000 375 348
£100,001 to £500,000 630 580
£500,001 and over 945 870

19 
Granting an application for consent made in accordance with paragraph 6 of schedule 2 to the Act 125 116

20 
Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 65 58
£30,001 to £50,000 160 145
£50,001 to £100,000 440 406
£100,001 to £250,000 565 522
£250,001 to £750,000 755 696
£750,001 to £2,000,000 1,510 1,392
£2,000,001 and over 2,200 2,030

21 
Final audit of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 115 108
£30,001 to £50,000 210 195
£50,001 to £100,000 495 456
£100,001 to £250,000 620 572
£250,001 to £750,000 810 746
£750,001 to £2,000,000 1,565 1,442
£2,000,001 and over 2,255 2,080
SCHEDULE 2
Regulation 2(3)(b), as read with regulation 1


Column 1 Column 2 Column 3
(Matters) (Fee payable) (Fee formerly payable)
 £ £

1 
Search of registers under section 6(2)(b) of the Act (per half hour or any part thereof) 15 15

2 
Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act 65 65

3 
Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act 10 10

4 
Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act 95 95

5 
Processing of an application for authorisation to obtain information about the adult’s funds under section 24C of the Act, and where such an application is granted, the issue of a certificate authorising any fundholder to provide the applicant with such information 65 65

6 
Where there is no application under section 24C or where the certificate granted under section 24C is more than 4 months old, processing of an application for authorisation to intromit with funds under section 25 of the Act, and where such an application is granted, the issue of a certificate of authority to the withdrawer 65 65

7 
Processing of an application for appointment as a joint withdrawer under section 26B of the Act, and where such an application is granted, the issue of a certificate of authority to the joint withdrawer 10 10

8 
Processing of an application for appointment as a reserve withdrawer under section 26D 10 10

9 
Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) where the certificate is not applied for at the same time as the application under section 26D is made 10 10

10 
Processing of an application for variation of a withdrawal certificate under section 26F of the Act, and where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer 10 10

11 
Where an application for authority to transfer a specified sum under section 26G of the Act is not made at the same time as an application under section 25, processing of an application under section 26G, and where such an application is granted, the issue of a certificate to the applicant 10 10

12 
Provision of a duplicate or replacement of a certificate of authority issued under sections 24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) 10 10

13 
Processing of an application for renewal of authority to intromit with funds under section 31B of the Act, and where such an application is granted, the issue of a certificate of authority to the joint withdrawer 40 40

14 
Provision of a copy of any document–  

(a) up to 10 pages 5 5

(b) each page thereafter 0.50 0.50

(c) on a computer disc or in other electronic form per document 5 5

15 
Registration under section 6(2) of the Act of– 65 65

(a) a guardianship order;  

(b) an intervention order;  

(c) a variation of a guardianship order;  

(d) a variation of an intervention order; or  

(e) a renewal of a guardianship order,  
made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates)  

16 
Authorisation of a gift out of the adult’s estate under section 66(1) of the Act, where the gift has a value in excess of £2,500 45 45

17 
Recall of the powers of a guardian under section 73 of the Act–  

(a) for an estate with no heritable property 45 45

(b) for an estate with heritable property 95 95

18 
Approval of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 45 45
£30,001 to £50,000 195 190
£50,001 to £100,000 390 375
£100,001 to £500,000 650 630
£500,001 and over 970 945

19 
Granting an application for consent made in accordance with paragraph 6 of schedule 2 to the Act 130 125

20 
Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 65 65
£30,001 to £50,000 160 160
£50,001 to £100,000 455 440
£100,001 to £250,000 580 565
£250,001 to £750,000 775 755
£750,001 to £2,000,000 1,555 1,510
£2,000,001 and over 2,265 2,200

21 
Final audit of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 120 115
£30,001 to £50,000 220 210
£50,001 to £100,000 510 495
£100,001 to £250,000 640 620
£250,001 to £750,000 835 810
£750,001 to £2,000,000 1,610 1,565
£2,000,001 and over 2,320 2,255
SCHEDULE 3
Regulation 2(3)(c), as read with regulation 1


Column 1 Column 2 Column 3
(Matters) (Fee payable) (Fee formerly payable)
 £ £

1 
Search of registers under section 6(2)(b) of the Act (per half hour or any part thereof) 15 15

2 
Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act 70 65

3 
Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act 15 10

4 
Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act 100 95

5 
Processing of an application for authorisation to obtain information about the adult’s funds under section 24C of the Act, and where such an application is granted, the issue of a certificate authorising any fundholder to provide the applicant with such information 70 65

6 
Where there is no application under section 24C or where the certificate granted under section 24C is more than 4 months old, processing of an application for authorisation to intromit with funds under section 25 of the Act, and where such an application is granted, the issue of a certificate of authority to the withdrawer 70 65

7 
Processing of an application for appointment as a joint withdrawer under section 26B of the Act, and where such an application is granted, the issue of a certificate of authority to the joint withdrawer 15 10

8 
Processing of an application for appointment as a reserve withdrawer under section 26D 15 10

9 
Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) where the certificate is not applied for at the same time as the application under section 26D is made 15 10

10 
Processing of an application for variation of a withdrawal certificate under section 26F of the Act, and where such an application is granted, the issue of a varied withdrawal certificate to the withdrawer 15 10

11 
Where an application for authority to transfer a specified sum under section 26G of the Act is not made at the same time as an application under section 25, processing of an application under section 26G, and where such an application is granted, the issue of a certificate to the applicant 15 10

12 
Provision of a duplicate or replacement of a certificate of authority issued under sections 24C(3), 24D(3), 25(4)(b), 26B(4)(b), 26E(3)(b), 26F(3)(b) or 26G(4)(b) 15 10

13 
Processing of an application for renewal of authority to intromit with funds under section 31B of the Act, and where such an application is granted, the issue of a certificate of authority to the joint withdrawer 40 40

14 
Provision of a copy of any document–  

(a) up to 10 pages 5 5

(b) each page thereafter 0.50 0.50

(c) on a computer disc or in other electronic form per document 5 5

15 
Registration under section 6(2) of the Act of– 70 65

(a) a guardianship order;  

(b) an intervention order;  

(c) a variation of a guardianship order;  

(d) a variation of an intervention order; or  

(e) a renewal of a guardianship order,  
made under Part 6 of the Act (including, where appropriate, checking caution or other security and issuing certificates)  

16 
Authorisation of a gift out of the adult’s estate under section 66(1) of the Act, where the gift has a value in excess of £2,500 45 45

17 
Recall of the powers of a guardian under section 73 of the Act–  

(a) for an estate with no heritable property 45 45

(b) for an estate with heritable property 100 95

18 
Approval of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 45 45
£30,001 to £50,000 200 195
£50,001 to £100,000 400 390
£100,001 to £500,000 665 650
£500,001 and over 1000 970

19 
Granting an application for consent made in accordance with paragraph 6 of schedule 2 to the Act 135 130

20 
Audit (except final audit) of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 65 65
£30,001 to £50,000 165 160
£50,001 to £100,000 465 455
£100,001 to £250,000 600 580
£250,001 to £750,000 800 775
£750,001 to £2,000,000 1,600 1,555
£2,000,001 and over 2,335 2,265

21 
Final audit of accounts submitted in accordance with paragraph 7 of schedule 2 to the Act–  
Estate value (excluding heritable property)  
£0 to £30,000 125 120
£30,001 to £50,000 225 220
£50,001 to £100,000 525 510
£100,001 to £250,000 660 640
£250,001 to £750,000 860 835
£750,001 to £2,000,000 1,660 1,610
£2,000,001 and over 2,395 2,320