Article 5 Amendments to the Court of Protection Rules 1994

in paragraph (1), after the words “in respect of any order or direction made” there shall be inserted the words “or, as the case may be, any application for an order or direction to be made,”;

after paragraph (1) the following paragraph shall be inserted—

“(1A)

A transaction fee shall be payable in respect of an application for authorisation of a person under section 20 of the Trusts of Land and Appointment of Trustees Act 1996^f1.”,

for paragraph (3) there shall be substituted the following paragraph—

“(3)

Where a transaction is to be approved under an order or direction mentioned in paragraph (1) above, or authorisation is to be given as mentioned in paragraph (1A), the fee shall be taken—

(a)

in a special case, upon the approval of the transaction;

(b)

otherwise, upon the making of the application for the order, direction or authorisation

and the Public Trustee shall issue a certificate stating the amount payable.”;

after paragraph (3) the following paragraphs shall be inserted—

“(3A)

A transaction fee as specified in paragraph 3(4) of the Appendix shall be payable on application for the appointment of a new receiver.

(3B)

A transaction fee as specified in paragraph 3(5) of the Appendix shall be payable upon the making of the application for an order or direction to be made in exercise of the specific powers conferred by paragraph (b) of section 96(1) of the Act, ordering or authorising the sale of any land as defined in the Law of Property Act 1925^f2.”;

after paragraph (5) there shall be inserted the following paragraph—

“(6)

In this rule, references to an application for an order or direction include (without limitation) an application for an order or direction made at the same time as a first application for the appointment of a receiver or other originating process.”.