THE COURT OF PROTECTION RULES 1994
S.I. 1994/3046 · Made 29 November 1994
MENTAL HEALTH
Made 29th November 1994
Laid before Parliament 1st December 1994
Coming into force 22nd December 1994
The Lord Chancellor, in exercise of the powers conferred on him by sections 106, 107 and 108 of the Mental Health Act 1983f1 and section 54 of the Trustee Act 1925f2 and with the consent of the Treasury so far as is required by section 106(5) of the said Act of 1983, hereby makes the followng Rules:—
Annotations to the whole text
Footnotes
- f1
-
1983 c. 20; extended by sections 94(1)(aa), 111(2A) and 111(3A) of that Act; sections 94(1)(aa), 111(2A) and 111(3A) were inserted by the Public Trustee and Administration of Funds Act 1986 (c. 57), section 2.
- f2
-
1925 c. 19; section 54 was substituted by the Mental Health Act 1959 (c. 72), schedule 7.
Contents
- Part I: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Exercise of court’s functions
- 4Computation of time
- 5Power to vary time
- Part II: FUNCTIONS OF THE PUBLIC TRUSTEE
- 6Functions of the Public Trustee
- Part III: EXERCISE OF JURISDICTION
- 7Exercise of jurisdiction
- Part IV: APPLICATIONS
- 8Forms of application
- 9Procedure for short order or direction without appointment of receiver
- 10Date for hearing
- 11Consolidation of proceedings
- 12Power to direct application by the Public Trustee or Official Solicitor
- 13Power of the Public Trustee to make applications to the court or exercise functions of his own motion
- 14Representation of patient by receiver
- 15Representation of patient by Official Solicitor
- 16Persons under disability
- 17Application under section 54 of the Trustee Act 1925
- 18Application under section 36(9) of the Trustee Act 1925
- 19Application under section 96(1)(k) of the Act
- 20Application for settlement or gift of patient’s property or for execution of will of patient
- Part V: SERVICE
- 21Notice of hearing
- 22Mode of service
- 23Service on solicitor
- 24Substituted service
- 25Service on person under disability
- 26Notification of application for appointment of receiver, etc.
- 27Notification to next of kin etc. of intention to make application for appointment of receiver
- 28Certificate of service or notification
- Part VI: EVIDENCE
- 29Affidavit evidence
- 30Unsworn evidence
- 31Written questions to Visitors
- 32Cross-examination of deponent
- 33Administration of oaths
- 34Filing of written evidence
- 35Use of evidence in subsequent proceedings
- 36Evidence to be filed on a first application for receiver, etc
- 37Evidence of patient’s recovery or death
- 38Proof of amount due to public authority
- Part VII: HEARING OF PROCEEDINGS
- 39Privacy of applications
- 40Persons attending hearing
- 41Representation at hearing
- 42Reference of proceedings to judge
- 43Reference of proceedings to Master
- Part VIII: RECEIVERS
- 44Interim provision
- 45Remuneration of receiver
- 46Appointment of receivers with survivorship
- Part IX: ENTRY AND ENFORCEMENT OF ORDERS
- 47Sealing and filing of orders
- 48Entry of orders after notification to patient
- 49Enforcement of orders
- Part X: SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS
- 50Summoning of witnesses
- 51Powers of court where undue delay, etc.
- 52Order for examination of patient
- Part XI: AMENDMENT
- 53Amendment of application
- 54Clerical mistakes and slips
- 55Endorsement of amendment
- Part XII: REVIEWS AND APPEALS Review of decision not made on a hearing
- 56Section 56
- 57Appeal from a decision made on a hearing
- Part XIII: SECURITY
- 58Receiver to give security
- 59Manner of giving security
- 60Lodgment of security
- 61Discharge of security where new security given
- 62Maintenance of security by bond
- Part XIV: ACCOUNTS
- 63Passing of accounts
- 64Application of balance due from receiver
- 65Default by receiver
- 66Payment of maintenance and costs
- 67Final accounts
- 68Accounting by other persons
- Part XV: INQUIRIES
- 69Inquiries as to desirability of appointment of receiver, etc.
- 70Inspection of patient’s property
- 71Inquiries as to prior dealing with the patient’s property
- 72Inquiries as to testamentary documents executed by patient
- 73Power to direct other inquiries
- Part XVI: CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY
- 74Statement of property retained or deposited
- 75Stock in name of patient or receiver
- 76Disposal of property on patient’s recovery or death
- Part XVII: COPIES OF DOCUMENTS
- 77Copies of documents in court
- Part XVIII: FEES
- 78Appendix of fees
- 79Commencement fee
- 80Administration fee
- 81Transaction fee
- 82Fee on taxation
- 83Receivership fees
- 84Winding up fee
- 85Treatment of structured payments, annuities etc.
- 86Remission, postponement and exemption
- Part XIX: COSTS
- 87Costs generally
- 88Applications under sections 36(9) and 54 of the Trustee Act 1925
- 89Supreme Court costs rules to apply
- 90Costs of unnecessary employment of solicitor, etc. not to be allowed
- 91Costs of Official Solicitor
- 92Ascertainment of costs not relating to the proceedings
- Part XX: APPROVAL OF DEEDS
- 93Approval of deeds
- Part XXI: TRANSITIONAL PROVISIONS
- 94Transitional provisions
- Part XXII: REVOCATION
- 95Revocation of previous Rules
- Signature
- Schedule FORMS
- COURT OF PROTECTION FEES
- Explanatory note