Article 7 Amendments to the Court of Protection Rules 2001

in paragraph (3) after “repayment of a loan by, the patient)” insert “in excess of £10,000.00”;

after paragraph (3) insert—

“(3A)

In a special case, the value of any readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the donor (otherwise than by a loan to, or repayment of a loan by, the donor), no account being taken of the possible capitalisation of the value of rents or interests or other income payments, shall be set out in the application for the direction.

(3B)

Where it appears to the court that any fee under paragraph 3(1)(i) or (ii) of the Appendix has been incorrectly assessed upon the making of the application, the court may direct that the fee is to be adjusted as it appears to it to be convenient.”

for paragraph (4) substitute—

“(4)

Where on any application for approval of a transaction mentioned in paragraph (1), or authorisation as mentioned in paragraph (2)—

(a)

the fee, or in a special case the standard fee, shall be taken upon the making of the application for the order, direction or authorisation; and

(b)

subject to paragraph (4A), in a special case, the additional fee shall be taken upon the court fixing a date for a hearing under rule 9.

(4A)

In a special case, where a hearing is cancelled, the additional fee payable in accordance with the Appendix shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable (but the court may take a fee in accordance with paragraph (4)(b) if it subsequently fixes another date for the hearing).”

after paragraph (6) insert—

“(6A)

Where the proceedings are terminated before an order or direction under paragraph (6) is entered, the fee payable under that paragraph—

(a)

if paid, shall be refunded; or

(b)

if not paid, shall cease to be payable.

(6B)

A transaction fee as specified in paragraph 3(6) of the Appendix shall be payable upon the making of an application for an order or direction to be made in exercise of the powers conferred by paragraph (a) or (b) of section 96(1) of the Act, authorising a person to manage and let a patient’s property”