Article 5 Amendments to Court of Protection Rules 2001

For rule 24(1) there shall be substituted—

“(1)

In the following paragraphs of this rule, “relevant application” means an application for any order, direction or certificate exercising the court’s jurisdiction in respect of a patient, including an application for the appointment of a receiver.

(1A)

Subject to paragraph (1B), where a relevant application is made, the applicant, or such other person as the court may direct, shall give notice to the patient in accordance with paragraphs (1D) to (1F).

(1B)

Subject to paragraph (1C), paragraph (1A) shall not apply where a relevant application (“the previous relevant application”) has already been made in respect of the same patient, unless there has been any finding by the court since the previous relevant application was made that the patient is capable of managing and administering his property and affairs.

(1C)

Paragraph (1A) shall in any case apply where the relevant application referred to in that paragraph is a first application for the appointment of a receiver.

(1D)

Notice under paragraph (1A) shall consist of notice—

(a)

that an application has been made;

(b)

of the effect, if made, of—

(i)

the appointment of a receiver, in the case of a first application for appointment of a receiver; or

(ii)

such other order, direction or certificate as may have been applied for;

(c)

of the identity of the applicant and, if different, that of any proposed receiver;

(d)

of any hearing fixed by the court; and

(e)

of such other information as the court may direct.

(1E)

Notice under paragraph (1A) shall be given to the patient personally.

(1F)

Where the court has fixed a hearing, the time limits set out in rule 19(5) shall apply to the giving of notice under paragraph (1A).”.