The Court of Protection Rules 2001
S.I. 2001/824 · Made 6 March 2001
MENTAL HEALTH, ENGLAND AND WALES
Made 6th March 2001
Laid before Parliament 9th March 2001
Coming into force 1st April 2001
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 following Rules:-
Annotations to the whole text
Footnotes
- f1
- f2
-
1925 c. 19; section 54 was substituted by the Mental Health Act 1959 (c. 72), Schedule 7.
Contents
- Part I: PRELIMINARY
- 1Title and Commencement
- 2Interpretation
- 3Exercise of the court’s functions
- 4Computation of time
- 5Power to vary time
- Part II: EXERCISE OF JURISDICTION
- 6Exercise of jurisdiction
- Part III: APPLICATIONS
- 7Forms of application
- 8Procedure for short order or direction without appointment of a receiver
- 9Date for hearing
- 10Consolidation of Proceedings
- 11Power to direct applications by officer of the court or Official Solicitor
- 12Representation of patient by receiver
- 13Representation of patient by the Official Solicitor
- 14Persons under a disability
- 15Application under section 54 of the Trustee Act 1925
- 16Application under section 36(9) of the Trustee Act 1925
- 17Application under section 96(1)(k) of the Act
- 18Application for settlement or gift of patient’s property or for execution of will of patient
- Part IV: SERVICE
- 19Notice of hearing
- 20Mode of service
- 21Service on solicitor
- 22Substituted service
- 23Service on person under a disability
- 24Notification of application for appointment of receiver, etc
- 25Notification to next of kin etc. of intention to make application for appointment of receiver
- 26Certificate of service or notification
- Part V: EVIDENCE
- 27Affidavit evidence
- 28Unsworn evidence
- 29Written questions to Visitors
- 30Cross-examination of deponent
- 31Administration of oaths
- 32Filing of written evidence
- 33Use of evidence in subsequent proceedings
- 34Evidence to be filed on a first application for receiver, etc
- 35Evidence of patient’s recovery or death and inquiry by court as to whether patient has recovered
- 36Proof of amount due to public authority
- Part VI: HEARING OF PROCEEDINGS
- 37Privacy of applications
- 38Persons attending the hearing
- 39Representation at hearing
- 40Reference of proceedings to judge
- 41Reference of proceedings to Master
- Part VII: RECEIVERS
- 42Interim provision
- 43Remuneration of receiver
- 44Appointment of receivers with survivorship
- Part VIII: ENTRY AND ENFORCEMENT OF ORDERS
- 45Sealing and filing of orders
- 46Entry of order after notification to a patient
- 47Enforcement of orders
- Part IX: SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS
- 48Summoning of witnesses
- 49Powers of court where undue delay, etc
- 50Order for examination of patient
- Part X: AMENDMENT
- 51Amendment of application
- 52Clerical mistakes and slips
- 53Endorsement of amendment
- Part XI: REVIEWS AND APPEALS
- 54Review of decision not made on an attended hearing
- 55Appeal from a decision made on an attended hearing
- Part XII: SECURITY
- 56Receiver to give security
- 57Manner of giving security
- 58Lodgement of security
- 59Discharge of security where new security given
- 60Maintenance of security by bond
- Part XIII: ACCOUNTS
- 61Passing of accounts
- 62Application of balance due from receiver
- 63Default by receiver
- 64Payment of maintenance and costs
- 65Final accounts
- 66Accounting by other persons
- Part XIV: INQUIRIES
- 67Inquiries as to desirability of appointment of receiver, etc
- 68Inspection of a patient’s property
- 69Inquiries as to prior dealing with the patient’s property
- 70Inquiries as to testamentary documents executed by patient
- 71Power to direct other inquiries
- Part XV: CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY
- 72Statement of property retained or deposited
- 73Stock in name of patient or receiver
- 74Disposal of property on patient’s recovery or death
- Part XVI: COPIES OF DOCUMENTS
- 75Copies of documents in court
- Part XVII: FEES
- 76Appendix of fees
- 77Commencement fee
- 78Administration fee
- 79Transaction fee
- 80Fee on detailed assessment of costs
- 81Receivership fees
- 82Winding up fee
- 83Remission and postponement
- Part XIII: COSTS
- 84Costs generally
- 85Applications under sections 36(9) and 54 of the Trustee Act 1925
- 86Civil Procedure rules to apply
- 87Costs of unnecessary employment of solicitor, etc not to be allowed
- 88Costs of Official Solicitor
- 89Ascertainment of costs not relating to the proceedings
- Part XIX: APPROVAL OF DEEDS
- 90Approval of deeds
- Part XX: TRANSITIONAL PROVISIONS
- 91Transitional provisions
- Part XXI: REVOCATION
- 92Revocation of previous rules
- Signature
- Schedule APPENDIXCOURT OF PROTECTION FEES
- Explanatory note