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Court of Protection Fees Order 2007/Public Guardian (Fees, etc) Regulations 2007

Volume 463: debated on Thursday 19 July 2007

I have today laid before Parliament the Court of Protection Fees Order 2007 and the Public Guardian (Fees, etc) Regulations 2007.

The Mental Capacity Act 2005 establishes a new specialist court, the Court of Protection, with a jurisdiction to deal with decision making for people who lack mental capacity to make those decisions themselves. The Act also establishes a new statutory office holder, the Public Guardian, with a range of statutory functions under the Act.

The Court of Protection Fees Order 2007 sets out the fees to be charged for matters coming to the new court. The Public Guardian (Fees, etc) Regulations 2007 set out the fees to be charged for the services provided by the Public Guardian. The Regulations also make a minor amendment to one of the forms included in the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (SI 2007/1253).

The Department conducted a public consultation on the fees contained in these statutory instruments between 7 September and 29 November 2007. Some 65 responses were received from a range of parties including users of the current Public Guardianship Office's services, charities, voluntary and representative groups, legal professionals, public bodies and the public. The response to this consultation is available via the Department's website at http://www.justice.gov.uk/publications/cp2306.htm.

Copies are available in the Libraries of both Houses.