
1 

(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2012 and, subject to paragraphs (2) and (3), come into force on 10th December 2012.
(2) Regulation 2(b) and Schedule 2 come into force, and regulation 2(a) and Schedule 1 cease to have effect, on 1st April 2013.
(3) Regulation 2(c) and Schedule 3 come into force, and regulation 2(b) and Schedule 2 cease to have effect, on 1st April 2014.
2 
The Table of Fees in the Schedule to the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008 is substituted by—
(a) the Table of Fees in Schedule 1 to these Regulations on 10th December 2012;
(b) the Table of Fees in Schedule 2 to these Regulations on 1st April 2013;
(c) the Table of Fees in Schedule 3 to these Regulations on 1st April 2014.
KENNY MACASKILL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
30th October 2012
SCHEDULE 1
Regulation 2(a)

Column 1(Matters) Column 2(Fee payable)£ Column 3(Fee formerly payable)£
1. Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act. 70 70
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 70 -
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 16 15
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 105 100
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. 74 70
6. Where there is no application under section 24C, the 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. 74 70
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. 16 15
8. Processing of an application for appointment as a reserve withdrawer under section 26D of the Act. 16 15
9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. 16 15
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. 16 15
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. 16 15
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) of the Act. 16 15
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. 42 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) in electronic form, per document. 5 5
15. Registration under section 6(2) of the Act of— 74 70

(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. Recall of the powers of a guardian under section 73 of the Act—  

(a) for an estate with no heritable property; 47 45

(b) for an estate with heritable property. 105 100
17. Consideration 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; 47 45
£30,001 to £50,000; 210 200
£50,001 to £250,000; 420 400 – 665
£250,001 to £500,000; 698 665
£500,001 and over. 1,050 1000
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 to the Act. 50 135
19. 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; 68 65
£30,001 to £50,000; 173 165
£50,001 to £250,000; 488 465 – 600
£250,001 to £500,000; 630 600 – 800
£500,001 and over. 840 800 – 2,335
20. 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; 131 125
£30,001 to £50,000; 236 225
£50,001 to £250,000; 551 525 – 660
£250,001 to £500,000; 693 660 – 860
£500,001 and over. 903 860 – 2395
SCHEDULE 2
Regulation 2(b)

Column 1(Matters) Column 2(Fee payable)£ Column 3(Fee formerly payable)£
1. Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act. 70 70
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 70 70
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 16 16
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 108 105
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. 76 74
6. Where there is no application under section 24C, the 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. 76 74
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. 16 16
8. Processing of an application for appointment as a reserve withdrawer under section 26D of the Act. 16 16
9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. 16 16
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. 16 16
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. 16 16
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) of the Act. 16 16
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. 43 42
14. Provision of a copy of any document—  

(a) up to 10 pages; 5 5

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 5 5
15. Registration under section 6(2) of the Act of— 76 74

(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. Recall of the powers of a guardian under section 73 of the Act—  

(a) for an estate with no heritable property; 49 47

(b) for an estate with heritable property. 108 105
17. Consideration of the 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; 49 47
£30,001 to £50,000; 216 210
£50,001 to £250,000; 433 420
£250,001 to £500,000; 719 698
£500,001 and over. 1,082 1,050
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 to the Act. 52 50
19. 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; 70 68
£30,001 to £50,000; 178 173
£50,001 to £250,000; 503 488
£250,001 to £500,000; 649 630
£500,001 and over. 865 840
20. 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; 135 131
£30,001 to £50,000; 243 236
£50,001 to £250,000; 568 551
£250,001 to £500,000; 714 693
£500,001 and over. 930 903
SCHEDULE 3
Regulation 2(c)

Column 1(Matters) Column 2(Fee payable)£ Column 3(Fee formerly payable)£
1. Submission of a document conferring a continuing or welfare power of attorney under section 19 of the Act. 70 70
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 70 70
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 17 16
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 111 108
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. 78 76
6. Where there is no application under section 24C, the 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. 78 76
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. 17 16
8. Processing of an application for appointment as a reserve withdrawer under section 26D of the Act. 17 16
9. Provision of a certificate of authority to the reserve withdrawer under section 26E(3)(b) of the Act, where the certificate is not applied for at the same time as the application under section 26D is made. 17 16
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. 17 16
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. 17 16
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) of the Act. 17 16
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. 45 43
14. Provision of a copy of any document—  

(a) up to 10 pages; 5 5

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 5 5
15. Registration under section 6(2) of the Act of— 78 76

(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. Recall of the powers of a guardian under section 73 of the Act—  

(a) for an estate with no heritable property; 50 49

(b) for an estate with heritable property. 111 108
17. Consideration 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; 50 49
£30,001 to £50,000; 223 216
£50,001 to £250,000; 446 433
£250,001 to £500,000; 741 719
£500,001 and over. 1,114 1,082
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 to the Act. 53 52
19. 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; 72 70
£30,001 to £50,000; 184 178
£50,001 to £250,000; 518 503
£250,001 to £500,000; 668 649
£500,001 and over. 891 865
20. 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; 139 135
£30,001 to £50,000; 251 243
£50,001 to £250,000; 585 568
£250,001 to £500,000; 735 714
£500,001 and over. 958 930