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THE COURT OF PROTECTION RULES 1994

S.I. 1994/3046 · Made 29 November 1994

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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

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Exercise of court’s functions
  5. 4Computation of time
  6. 5Power to vary time
  7. Part II: FUNCTIONS OF THE PUBLIC TRUSTEE
  8. 6Functions of the Public Trustee
  9. Part III: EXERCISE OF JURISDICTION
  10. 7Exercise of jurisdiction
  11. Part IV: APPLICATIONS
  12. 8Forms of application
  13. 9Procedure for short order or direction without appointment of receiver
  14. 10Date for hearing
  15. 11Consolidation of proceedings
  16. 12Power to direct application by the Public Trustee or Official Solicitor
  17. 13Power of the Public Trustee to make applications to the court or exercise functions of his own motion
  18. 14Representation of patient by receiver
  19. 15Representation of patient by Official Solicitor
  20. 16Persons under disability
  21. 17Application under section 54 of the Trustee Act 1925
  22. 18Application under section 36(9) of the Trustee Act 1925
  23. 19Application under section 96(1)(k) of the Act
  24. 20Application for settlement or gift of patient’s property or for execution of will of patient
  25. Part V: SERVICE
  26. 21Notice of hearing
  27. 22Mode of service
  28. 23Service on solicitor
  29. 24Substituted service
  30. 25Service on person under disability
  31. 26Notification of application for appointment of receiver, etc.
  32. 27Notification to next of kin etc. of intention to make application for appointment of receiver
  33. 28Certificate of service or notification
  34. Part VI: EVIDENCE
  35. 29Affidavit evidence
  36. 30Unsworn evidence
  37. 31Written questions to Visitors
  38. 32Cross-examination of deponent
  39. 33Administration of oaths
  40. 34Filing of written evidence
  41. 35Use of evidence in subsequent proceedings
  42. 36Evidence to be filed on a first application for receiver, etc
  43. 37Evidence of patient’s recovery or death
  44. 38Proof of amount due to public authority
  45. Part VII: HEARING OF PROCEEDINGS
  46. 39Privacy of applications
  47. 40Persons attending hearing
  48. 41Representation at hearing
  49. 42Reference of proceedings to judge
  50. 43Reference of proceedings to Master
  51. Part VIII: RECEIVERS
  52. 44Interim provision
  53. 45Remuneration of receiver
  54. 46Appointment of receivers with survivorship
  55. Part IX: ENTRY AND ENFORCEMENT OF ORDERS
  56. 47Sealing and filing of orders
  57. 48Entry of orders after notification to patient
  58. 49Enforcement of orders
  59. Part X: SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS
  60. 50Summoning of witnesses
  61. 51Powers of court where undue delay, etc.
  62. 52Order for examination of patient
  63. Part XI: AMENDMENT
  64. 53Amendment of application
  65. 54Clerical mistakes and slips
  66. 55Endorsement of amendment
  67. Part XII: REVIEWS AND APPEALS Review of decision not made on a hearing
  68. 56Section 56
  69. 57Appeal from a decision made on a hearing
  70. Part XIII: SECURITY
  71. 58Receiver to give security
  72. 59Manner of giving security
  73. 60Lodgment of security
  74. 61Discharge of security where new security given
  75. 62Maintenance of security by bond
  76. Part XIV: ACCOUNTS
  77. 63Passing of accounts
  78. 64Application of balance due from receiver
  79. 65Default by receiver
  80. 66Payment of maintenance and costs
  81. 67Final accounts
  82. 68Accounting by other persons
  83. Part XV: INQUIRIES
  84. 69Inquiries as to desirability of appointment of receiver, etc.
  85. 70Inspection of patient’s property
  86. 71Inquiries as to prior dealing with the patient’s property
  87. 72Inquiries as to testamentary documents executed by patient
  88. 73Power to direct other inquiries
  89. Part XVI: CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY
  90. 74Statement of property retained or deposited
  91. 75Stock in name of patient or receiver
  92. 76Disposal of property on patient’s recovery or death
  93. Part XVII: COPIES OF DOCUMENTS
  94. 77Copies of documents in court
  95. Part XVIII: FEES
  96. 78Appendix of fees
  97. 79Commencement fee
  98. 80Administration fee
  99. 81Transaction fee
  100. 82Fee on taxation
  101. 83Receivership fees
  102. 84Winding up fee
  103. 85Treatment of structured payments, annuities etc.
  104. 86Remission, postponement and exemption
  105. Part XIX: COSTS
  106. 87Costs generally
  107. 88Applications under sections 36(9) and 54 of the Trustee Act 1925
  108. 89Supreme Court costs rules to apply
  109. 90Costs of unnecessary employment of solicitor, etc. not to be allowed
  110. 91Costs of Official Solicitor
  111. 92Ascertainment of costs not relating to the proceedings
  112. Part XX: APPROVAL OF DEEDS
  113. 93Approval of deeds
  114. Part XXI: TRANSITIONAL PROVISIONS
  115. 94Transitional provisions
  116. Part XXII: REVOCATION
  117. 95Revocation of previous Rules
  118. Signature
  119. Schedule FORMS
  120. COURT OF PROTECTION FEES
  121. Explanatory note