Explanatory note
(This note is not part of the Rules)
These rules make various amendments to the Court of Protection Rules 2001 (S.I. 2001/824) (“the 2001 Rules”).
The amounts of various fees are amended, as follows—
| Fee | Old figure | New figure |
|---|---|---|
| Commencement fee (rule 77) | £230 | £65 |
| Transaction Fee (rule 79): applications for orders etc under— | ||
| Mental Health Act 1983, s 96(1)(k) (exercise of powers) | £110 | £115 |
| Trustee Act 1925, s 54 (trusts) | £110 | £115 |
| Trusts of Land and of Trustees Appointment Act 1996, s 20 (authorisation of person to act as trustee) | £110 | £115 |
| Trustee Act 1925, s 36(9) (appointment of trustees) | £110 | £115 |
| Mental Health Act 1983, s 96(1)(e) (execution of will) | £475 | £490 |
| Application for the appointment of a new receiver | £175 | £180 |
| Application for order or direction under s 96(1)(b) of the Act ordering or authorising the sale or purchase of land | £145 | £150 |
| Filing of request for detailed assessment of costs (rule 80) | £160 | £165 |
| Winding up fee (rule 82) | £125 | £360 |
Rule 9 of the 2001 Rules is amended to require the court to notify the applicant if it decides to deal with the application without a hearing, and cancels a hearing (rule 3).
The provisions in rule 24 of the 2001 Rules, whereby notice of certain applications is to be served on the patient, are disapplied where an enduring power of attorney has been registered, and where the court is of the opinion that it is necessary to make an immediate order (rule 4).
Rule 43 of the 2001 Rules is amended to enable remuneration to be claimed by a person directed or authorised to deal with a patient’s property or affairs, who is not appointed as a receiver (rule 6).
Rule 76 of the 2001 Rules is amended so that transaction fees payable under rule 79 and winding up fees payable under rule 82, and the new receivership appointment fee payable under rule 77A (see below), are disapplied where the receiver is an officer of the court (rule 8).
Rule 77 of the 2001 Rules is extended so that the commencement fee is payable on an originating process other than first application for the appointment of a receiver (rule 9).
A new rule 77A is inserted into the 2001 Rules providing for a new receivership appointment fee to be payable where a receiver, other than an officer of the court, is appointed (rule 10). This fee is set at £500. The administration fee formerly payable under rule 81 of the 2001 Rules where the receiver is an officer of the court is omitted (rule 13).
The transaction fee payable under rule 79 of the 2001 Rules is extended to include an application for an order or direction authorising the purchase of land (rule 12(1)).
The requirement that detailed assessment proceedings take place in the High Court, which was in the Court of Protection Rules 1994 but not in the 2001 Rules, is reinstated (rule 14(3)).
These rules also make certain other minor amendments and corrections to the 2001 Rules.