Public Guardian (Fees, etc.) (Amendment) Regulations 2011

These regulations, amongst other changes, increase the LPA/EPA registration fee from £120 to £130. See Explanatory Notes for details. In force 1/10/11.

Official Explanatory Note

These Regulations amend the Public Guardian (Fees, etc) 2007 Regulations by—

  • amending the title for the fees payable under regulations 4 and 5 to reflect their being payable for the “application” of the specified instruments (regulations 3 and 4(a));
  • introducing a reduced fee for repeat application where an application for registration of a lasting power of attorney is made on or after 1st October 2011 and subsequently rejected as invalid and the applicant submits a repeat application within the specified time limit (regulation 4);
  • removing the fee for search of the registers of the Office of the Public Guardian (regulation 5);
  • removing regulation 7 and the fee for appointment of a Deputy and substituting for that fee one for assessing the level of supervision and making consequential amendments (regulations 6, 7(a), (b), (d) and (g) and 9);
  • removing the reference to the current “Types” of supervision levels and making provision for two categories of supervision and supervision fees including consequential amendments (regulation 7(c), (e), (f) and (g));
  • providing that there can be no exemptions in relation to an office copy fee (regulation 8);
  • increasing the fees for an application to register an enduring power of attorney and a lasting power of attorney (from £120 to £130) (regulation 10(a) and (b)); introducing a reduced repeat application fee of £65.00 to register a lasting power of attorney (regulation 10(c)); increasing the fee for an office copy of a lasting power of attorney from £25 to £35.00 (regulation 10(d)); removing the fee for searching the registers of the Office of the Public Guardian (regulation 10(e)); substituting the fee for appointment of a Deputy with a fee for assessing the supervision level of a Deputy (regulation 10(f)); removing the reference to type I (highest), type IIA (intermediate) and type II (lower) levels of supervision including the associated fees and introducing a new “general” level of supervision fee of £320.00 (regulation 10(g), (h) and (i)) and introducing a new “minimal” level of supervision fee of £35.00 and removing the reference to type III (minimal) level of supervision including the associated fee (regulation 10(i) and (j)).
These Regulations also amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 by introducing a new form “LPA 002R” which must be used when submitting a repeat application to register a lasting power of attorney where the initial application was returned as invalid (regulations 11 to 13 and the Schedule to these Regulations).

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2011🔍

Number: 2189

Subject: Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection🔍

In force: 1/10/11

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