Article 78 Administration fee

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

rule 78 am by Court of Protection 2006 rule 3
rule 78 modified by Public Guardian (Fees, etc) 2007 reg. 11
rule 78 am by Court of Protection 2004 rule 6(a)
rule 78 rev in pt by Court of Protection 2004 rule 6(b)
rule 78 am by Court of Protection 2005 rule 5
rule 78 am by Court of Protection 2002 rule 11

(1)

An administration fee shall be payable—

(a)

on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings, and at such other times either during the proceedings or at their termination as the Court may direct;

(b)

where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.

(2)

The court shall annually, or at such other intervals as may be convenient, issue a certificate in respect of each patient stating—

(a)

the amount of the administration fee payable in respect of the patient at the date of the certificate;

(b)

the period in respect of which the administration fee is payable; and

(c)

the name of the person by whom the payment is made.

(3)

Upon the issue of a certificate under this rule the amount of the fee shall be charged upon the patient’s estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the court may allow.

(4)

In any case in which it appears to the court that amount of the fee certified under this rule has been wrongly assessed, the court may direct that the fee is to be adjusted as it appears to it to be convenient.

(5)

No administration fee shall be taken where the proceedings are terminated less than four weeks from the date of issue of the first application for the appointment of a receiver.