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

• Citation: S.I. 2009/514
• Sections: 9

Section 1 Citation and commencement

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

Section 2 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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

Section 3 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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;

Section 4 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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.

Section 5 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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 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.

Section 6 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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

Section 7 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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)”.

Section 8 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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

Section 9 Amendment of the Public Guardian (Fees, etc.) Regulations 2007

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”.