
1 

(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2015 and, subject to paragraphs (2) and (3), come into force on 22nd September 2015.
(2) Regulation 2(b) and Schedule 2 come into force, and regulation 2(a) and Schedule 1 cease to have effect, on 1st April 2016.
(3) Regulation 2(c) and Schedule 3 come into force, and regulation 2(b) and Schedule 2 cease to have effect, on 1st April 2017.
(4) In these Regulations, “the Act” means the Adults with Incapacity (Scotland) Act 2000.
2 
Subject to regulation 3—
(a) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in Schedule 1 (table of fees payable from 22nd September 2015) are the fees specified in relation to those matters in column 2 of that Table;
(b) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in Schedule 2 (table of fees payable from 1st April 2016) are the fees specified in relation to those matters in column 2 of that Table; and
(c) the fees payable to the Public Guardian in respect of the matters specified in column 1 of the Table of Fees in Schedule 3 (table of fees payable from 1st April 2017) are the fees specified in relation to those matters in column 2 of that Table.
3 

(1) A fee prescribed by these Regulations is not payable by a person if—
(a) the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992;
(b) the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995;
(c) the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;
(d) the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986 in respect of the matter in the Table of Fees in Schedule 1, 2 or 3 in connection with which the fee is payable;
(e) the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application;
(f) the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in Schedule 1, 2 or 3 in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency;
(g) the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002;
(h) the person or the person’s partner is in receipt of working tax credit, provided that—
(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002) which includes the party; or
(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £16,642 or less; or
(i) the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007.
(2) In this regulation, “partner” means a person to whom a person is married or with whom the person is registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004.
4 
The instruments listed in column 1 of the table in Schedule 4 are revoked to the extent described in column 3 of that table.
MICHAEL MATHESON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
15th June 2015
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. 73 70
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 73 70
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 18 17
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 115 111
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. 81 78
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. 81 78
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. 18 17
8. Processing of an application for appointment as a reserve withdrawer under section 26D of the Act. 18 17
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. 18 17
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. 18 17
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. 18 17
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. 18 17
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. 47 45
14. Provision of a copy of any document—  

(a) up to 10 pages; 6 5

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 6 5
15. Registration under section 6(2) of the Act of— 81 78

(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; 52 50

(b) for an estate with heritable property. 115 111
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; 52 50
£30,001 to £50,000; 232 223
£50,001 to £250,000; 464 446
£250,001 to £500,000; 771 741
£500,001 and over. 1,159 1,114
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 to the Act. 55 53
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; 75 72
£30,001 to £50,000; 191 184
£50,001 to £250,000; 539 518
£250,001 to £500,000; 695 668
£500,001 and over. 927 891
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; 145 139
£30,001 to £50,000; 261 251
£50,001 to £250,000; 609 585
£250,001 to £500,000; 765 735
£500,001 and over. 997 958
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. 74 73
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 74 73
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 18 18
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 117 115
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. 83 81
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. 83 81
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. 18 18
8. Processing of an application for appointment as a reserve withdrawer under section 26D of the Act. 18 18
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. 18 18
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. 18 18
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. 18 18
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. 18 18
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. 48 47
14. Provision of a copy of any document—  

(a) up to 10 pages; 6 6

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 6 6
15. Registration under section 6(2) of the Act of— 83 81

(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; 53 52

(b) for an estate with heritable property. 117 115
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; 53 52
£30,001 to £50,000; 237 232
£50,001 to £250,000; 473 464
£250,001 to £500,000; 786 771
£500,001 and over. 1,182 1,159
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 to the Act. 56 55
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; 76 75
£30,001 to £50,000; 195 191
£50,001 to £250,000; 550 539
£250,001 to £500,000; 709 695
£500,001 and over. 946 927
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; 148 145
£30,001 to £50,000; 266 261
£50,001 to £250,000; 621 609
£250,001 to £500,000; 780 765
£500,001 and over. 1,017 997
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. 75 74
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 75 74
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 18 18
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 119 117
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. 85 83
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. 85 83
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. 18 18
8. Processing of an application for appointment as a reserve withdrawer under section 26D of the Act. 18 18
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. 18 18
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. 18 18
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. 18 18
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. 18 18
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. 49 48
14. Provision of a copy of any document—  

(a) up to 10 pages; 6 6

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 6 6
15. Registration under section 6(2) of the Act of— 85 83

(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; 54 53

(b) for an estate with heritable property. 119 117
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; 54 53
£30,001 to £50,000; 242 237
£50,001 to £250,000; 482 473
£250,001 to £500,000; 802 786
£500,001 and over. 1,206 1,182
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 to the Act. 57 56
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; 78 76
£30,001 to £50,000; 199 195
£50,001 to £250,000; 561 550
£250,001 to £500,000; 723 709
£500,001 and over. 965 946
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; 151 148
£30,001 to £50,000; 271 266
£50,001 to £250,000; 633 621
£250,001 to £500,000; 796 780
£500,001 and over. 1,037 1,017
SCHEDULE 4
Regulation 4


Column 1(Instrument) Column 2(Citation) Column 3(Extent of revocation)
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2002 S.S.I. 2002/131 The whole instrument
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2007 S.S.I. 2007/320 The whole instrument
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2008 S.S.I. 2008/52 The whole instrument
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2008 S.S.I. 2008/238 The whole instrument
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Amendment Regulations 2012 S.S.I. 2012/289 The whole instrument