Office of Public Sector Information

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate the Regulations setting out the Public Guardian’s fees for providing certain services under the Adults with Incapacity (Scotland) Act 2000 (asp 4) (“the Act”) and introduce the changes described below in consequence of the coming into force of section 58 of Part 2 of the Adult Support and Protection (Scotland) Act 2007 (asp 10). Section 58 of that Act substitutes a new Part 3 (accounts and funds) in the Act. Regulation 4 revokes the previous Regulations.

The changes in the Schedule are in numbers 5 to 13. Numbers 5 and 6 reflect the new type of application in section 24C of the Act (i.e. an application to obtain a certificate authorising any fundholder to provide information about funds) and the new numbering of the section under which applications may be made for authority to intromit with an adult’s funds (i.e. it was section 26 of the Act and is now section 25). Numbers 7 to 11 introduce new fees for the new arrangements concerning joint and reserve withdrawers, variation of a withdrawal certificate and authority to transfer a specified sum. Number 12 is not a new fee but updates the references to section numbers to reflect the new certificates. Number 13 introduces a new fee for the new arrangement concerning the renewal of authority to intromit. The remaining fees are unchanged.