
1 

(1) These Regulations may be cited as the Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2018 and, subject to paragraphs (2) and (3), come into force on 25th April 2018.
(2) Regulation 2(b) and schedule 2 come into force, and regulation 2(a) and schedule 1 cease to have effect, on 1st April 2019.
(3) Regulation 2(c) and schedule 3 come into force, and regulation 2(b) and schedule 2 cease to have effect, on 1st April 2020.
(4) In these Regulations, “the Act” means the Adults with Incapacity (Scotland) Act 2000.
2 
Subject to regulations 3 and 4—
(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 25th April 2018) are the fees prescribed 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 2019) are the fees prescribed 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 2020) are the fees prescribed in relation to those matters in column 2 of that Table.
3 
A fee prescribed by these Regulations is not payable by a person if—
(a) 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;
(b) 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; or
(c) 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(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.
4 

(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 or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002;
(d) 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 £18,000 or less;
(e) the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007;
(f) the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012; or
(g) the person or the person’s partner has, within the period of 3 months prior to the date the prescribed fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 2015.
(2) In this regulation, “partner” means a person to whom a person is married or with whom the person is in a civil partnership.
5 
The Adults with Incapacity (Public Guardian’s Fees) (Scotland) Regulations 2015 are revoked.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd February 2018
SCHEDULE 1
Regulation 2(a)

Column 1(Matters) Column 2(Fee payable)£ Column 3(Fee formerly payable)£
1. Submission of a document conferring—  

(a) a continuing power of attorney under section 19 of the Act; 77 75

(b) a welfare power of attorney under section 19 of the Act; 77 75

(c) both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. 77 75
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 77 75
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 19 18
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 122 119
5. Submission 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. 87 85
6. Where there is no application under section 24C, the submission 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. 87 85
7. Submission 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. 19 18
8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. 19 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. 19 18
10. Submission 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. 19 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, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. 19 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. 19 18
13. Submission 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. 50 49
14. Provision of a copy of any document—  

(a) up to 10 pages; 7 6

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 7 6
15. Registration under section 6(2) of the Act of—  

(a) a guardianship order; 87 85

(b) an intervention order; 87 85

(c) a variation of a guardianship order; 87 85

(d) a variation of an intervention order; or 87 85

(e) a renewal of a guardianship order, 87 85
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; 55 54

(b) for an estate with heritable property. 122 119
17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 55 54
£30,001 to £50,000; 248 242
£50,001 to £250,000; 493 482
£250,001 to £500,000; 820 802
£500,001 and over. 1234 1,206
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. 58 57
19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 80 78
£30,001 to £50,000; 204 199
£50,001 to £250,000; 574 561
£250,001 to £500,000; 740 723
£500,001 and over. 987 965
19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)—  
Estate value (excluding heritable property)  
£0 to £30,000; 80 -
£30,001 to £50,000; 204 -
£50,001 to £250,000; 574 -
£250,001 to £500,000; 740 -
£500,001 and over. 987 -
(NOTE: these fees only apply where the Public Guardian has requested formal accounting.)  
20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 154 151
£30,001 to £50,000; 277 271
£50,001 to £250,000; 648 633
£250,001 to £500,000; 814 796
£500,001 and over. 1,061 1,037
SCHEDULE 2
Regulation 2(b)

Column 1(Matters) Column 2(Fee payable)£ Column 3(Fee formerly payable)£
1. Submission of a document conferring—  

(a) a continuing power of attorney under section 19 of the Act; 79 77

(b) a welfare power of attorney under section 19 of the Act; 79 77

(c) both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. 79 77
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 79 77
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 19 19
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 124 122
5. Submission 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. 89 87
6. Where there is no application under section 24C, the submission 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. 89 87
7. Submission 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. 19 19
8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. 19 19
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. 19 19
10. Submission 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. 19 19
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, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. 19 19
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. 19 19
13. Submission 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. 51 50
14. Provision of a copy of any document—  

(a) up to 10 pages; 7 7

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 7 7
15. Registration under section 6(2) of the Act of—  

(a) a guardianship order; 89 87

(b) an intervention order; 89 87

(c) a variation of a guardianship order; 89 87

(d) a variation of an intervention order; or 89 87

(e) a renewal of a guardianship order, 89 87
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; 56 55

(b) for an estate with heritable property. 124 122
17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 56 55
£30,001 to £50,000; 253 248
£50,001 to £250,000; 503 493
£250,001 to £500,000; 836 820
£500,001 and over. 1,259 1,234
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. 59 58
19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 82 80
£30,001 to £50,000; 208 204
£50,001 to £250,000; 585 574
£250,001 to £500,000; 755 740
£500,001 and over. 1,007 987
19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)—  
Estate value (excluding heritable property)  
£0 to £30,000; 82 80
£30,001 to £50,000; 208 204
£50,001 to £250,000; 585 574
£250,001 to £500,000; 755 740
£500,001 and over. 1,007 987
(NOTE: these fees only apply where the Public Guardian has requested formal accounting.)  
20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 157 154
£30,001 to £50,000; 283 277
£50,001 to £250,000; 661 648
£250,001 to £500,000; 830 814
£500,001 and over. 1,082 1,061
SCHEDULE 3
Regulation 2(c)

Column 1(Matters) Column 2(Fee payable)£ Column 3(Fee formerly payable)£
1. Submission of a document conferring—  

(a) a continuing power of attorney under section 19 of the Act; 81 79

(b) a welfare power of attorney under section 19 of the Act; 81 79

(c) both a continuing power of attorney and a welfare power of attorney under section 19 of the Act. 81 79
2. Registration of a deed of amendment to a continuing or welfare power of Attorney under section 19 of the Act. 81 79
3. Provision of a duplicate or replacement of a certificate issued under section 19(2) of the Act. 19 19
4. Audit of accounts submitted by a continuing attorney under section 20(2)(b) of the Act. 126 124
5. Submission 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. 91 89
6. Where there is no application under section 24C, the submission 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. 91 89
7. Submission 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. 19 19
8. Submission of an application for appointment as a reserve withdrawer under section 26D of the Act. 19 19
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. 19 19
10. Submission 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. 19 19
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, submission of an application under section 26G and, where such an application is granted, the issue of a certificate to the applicant. 19 19
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. 19 19
13. Submission 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. 52 51
14. Provision of a copy of any document—  

(a) up to 10 pages; 7 7

(b) each page thereafter; 0.50 0.50

(c) in electronic form, per document. 7 7
15. Registration under section 6(2) of the Act of—  

(a) a guardianship order; 91 89

(b) an intervention order; 91 89

(c) a variation of a guardianship order; 91 89

(d) a variation of an intervention order; or 91 89

(e) a renewal of a guardianship order, 91 89
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; 57 56

(b) for an estate with heritable property. 126 124
17. Consideration of guardian’s management plan and inventory, in accordance with paragraphs 1 and 3 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 57 56
£30,001 to £50,000; 258 253
£50,001 to £250,000; 513 503
£250,001 to £500,000; 853 836
£500,001 and over. 1,284 1,259
18. Consideration of an application for consent made in accordance with paragraph 6 of schedule 2 of the Act. 60 59
19. First review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 84 82
£30,001 to £50,000; 212 208
£50,001 to £250,000; 597 585
£250,001 to £500,000; 770 755
£500,001 and over. 1,027 1,007
19A. Intermediate review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act (where the Public Guardian has specified limited supervision)—  
Estate value (excluding heritable property)  
£0 to £30,000; 84 82
£30,001 to £50,000; 212 208
£50,001 to £250,000; 597 585
£250,001 to £500,000; 770 755
£500,001 and over. 1,027 1,007
(NOTE: these fees only apply where the Public Guardian has requested formal accounting.)  
20. Final review of accounts submitted in accordance with paragraph 7 of schedule 2 of the Act—  
Estate value (excluding heritable property)  
£0 to £30,000; 160 157
£30,001 to £50,000; 289 283
£50,001 to £250,000; 674 661
£250,001 to £500,000; 847 830
£500,001 and over. 1,104 1,082