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The Court of Protection Rules 2001

S.I. 2001/824 · Made 6 March 2001

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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

1983 c. 20.

f2

1925 c. 19; section 54 was substituted by the Mental Health Act 1959 (c. 72), Schedule 7.

Contents

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