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Article 3 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

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.

(2)

In these Rules—

(a)

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;

(b)

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

(c)

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

1981 c. 54.