🔆 📖 👤

Statutory Instruments

2009 No. 514

Mental Capacity, England And Wales

The Public Guardian (Fees, etc.) (Amendment) Regulations 2009

Made

3rd March 2009

Laid before Parliament

11th March 2009

Coming into force

1st April 2009

The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 58(3) and (4) and 65(1) of the Mental Capacity Act 2005(1).

Citation and commencementI1

1. These Regulations may be cited as the Public Guardian (Fees, etc.) (Amendment) Regulations 2009 and come into force on 1st April 2009.

Amendment of the Public Guardian (Fees, etc.) Regulations 2007I2,I3,I4,I5,I6,I7,I8,I9

2.The Public Guardian (Fees, etc.) Regulations 2007(2) are amended as follows.

3. In regulation 2 (interpretation), after the definition of “court”, insert—

“office copy” means a true copy of the original marked by the Public Guardian as being an office copy;.

4. After regulation 4 (enduring power of attorney registration fee), insert—

Enduring power of attorney office copy fee

4A.—(1)A fee for an office copy of an enduring power of attorney registered under paragraph 13 in Part 4 of Schedule 4 to the Mental Capacity Act 2005 shall be payable by the person requesting the office copy.

(2)The fee prescribed by paragraph (1) shall be payable at the time the request for an office copy is made..

5. After regulation 5 (lasting power of attorney registration fee), insert—

Lasting power of attorney office copy fee

5A.—(1)A fee for an office copy of a lasting power of attorney registered under Part 2 of Schedule 1 to the Mental Capacity Act 2005(3) shall be payable by the person requesting the office copy.

(2)The fee prescribed by paragraph (1) shall be payable at the time the request for an office copy is made..

6. In regulation 7(1) (appointment of deputy fee), omit from “; or” to the end.

7. In regulation 8 (appointment of deputy: supervision fees)

(a)in sub-paragraph (1), omit from “; or” to the end;

(b)after sub-paragraph (3)(a) insert—

(aa)type IIA (intermediate); and

(c)in paragraph (4), after “type I (highest) insert “, type IIA (intermediate)”.

8. In regulation 9 (exemptions)—

(a)in sub-paragraph (7)(e), omit “and” in the second place where it occurs; and

(b)at the end of sub-paragraph (7)(f), insert—

; and

(g)income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007(4).

9. In the Schedule (fees to be taken)—

(a)after the entry for enduring power of attorney registration, insert in column 1 “Enduring power of attorney office copy fee (regulation 4A)” and in column 2 “£25”;

(b)in the entry for lasting power of attorney registration, in column 2, substitute “£120” for “£150”;

(c)after the entry for lasting power of attorney registration, insert in column 1 “Lasting power of attorney office copy fee (regulation 5A)” and in column 2 “£25”;

(d)in the entry for appointment of deputy, in column 2, substitute “£100” for “£125”; and

(e)after the entry for type I (highest) supervision, insert in column 1 “Type IIA (intermediate) supervision (regulation 8)” and in column 2 “£350 per annum”.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd March 2009

Status: There are currently no known outstanding effects for The Public Guardian (Fees, etc.) (Amendment) Regulations 2009.
The Public Guardian (Fees,etc.) (Amendment) Regulations 2009 (2009/514)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
I1Reg. 1 in force at 1.4.2009, see reg. 1
I2Reg. 2 in force at 1.4.2009, see reg. 1
I3Reg. 3 in force at 1.4.2009, see reg. 1
I4Reg. 4 in force at 1.4.2009, see reg. 1
I5Reg. 5 in force at 1.4.2009, see reg. 1
I6Reg. 6 in force at 1.4.2009, see reg. 1
I7Reg. 7 in force at 1.4.2009, see reg. 1
I8Reg. 8 in force at 1.4.2009, see reg. 1
I9Reg. 9 in force at 1.4.2009, see reg. 1
Defined TermSection/ArticleIDScope of Application
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.