Article 3 Interpretation
In these Rules, unless the context otherwise requires—
-
expressions used in the Supreme Court Act 1981f1 shall have the same meanings as they have in that Act;
-
“the Act” means the Enduring Powers of Attorney Act 1985;
-
“the 1983 Act” means the Mental Health Act 1983;
-
“the 2001 Rules” means the Court of Protection Rules 2001;
-
“applicant” includes an objector;
-
“application” includes an objection;
-
“attended hearing” means a hearing where one or more of the parties to the proceedings have been invited to attend the court for the determination of the application;
-
“the court” means the Court of Protection;
-
“direction” means a direction or authority given under the seal of the court;
-
“enduring power of attorney” shall be construed in accordance with section 2 of the Act;
-
“entered” means entered in the register of enduring powers of attorney kept by the court;
-
“filed” means filed in the court office;
-
“hearing” means an attended or unattended hearing;
-
“judge” means the Lord Chancellor or a judge nominated under section 93(1) of the 1983 Act;
-
“Master” means the Master of the Court of Protection;
-
“nominated officer” means an officer of the court nominated under section 93(4) of the 1983 Act;
-
“order” means an order of the court under seal and includes a certificate, direction or authority of the court under seal;
-
“relative” means one of the persons referred to as relatives and entitled to receive notice under the provisions of paragraphs 1 and 2 of Schedule 1 to the Act;
-
“seal” means an official seal of the court and “sealed” shall be construed accordingly.
In these Rules—
any reference to a numbered rule or to a numbered Schedule is a reference to the rule of, or the Schedule to, these Rules so numbered in these Rules;
any reference in a rule to a numbered paragraph is a reference to the paragraph so numbered in the rule in which the reference occurs; and
a form referred to by a letter alone means the form so designated in Schedule 1 or a form to the same effect with such variations as the circumstances may require and the court may approve and in both cases shall include a Welsh translation of the form.
Annotations
Footnotes
- f1