The Court of Protection Rules 2017
S.I. 2017/1035 · Made 26 October 2017 · Extends to England and Wales
Mental Capacity, England And Wales
Made 26th October 2017
Laid before Parliament 30th October 2017
Coming into force 1st December 2017
The President of the Family Division (the judicial office holder nominated by the Lord Chief Justice), being President of the Court of Protection, makes the following Rules in exercise of the powers conferred by sections 49(5), 50(2), 51, 53(2) and (4), 55, 56 and 65(1) of the Mental Capacity Act 2005 M1, and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 M2.C1
Annotations to the whole text
Marginal citations
- M1
2005 c.9. Section 51 was amended by article 2 of and paragraphs 30 and 34 of Schedule 1 to S.I. 2006/1016. Section 53 was amended by section 62 of the Criminal Justice and Courts Act 2015 (c. 2). Section 65(1) was amended by article 2 of and paragraphs 30 and 37(1) and (2) of Schedule 1 to S.I. 2006/1016.
- M2
Modifications
- C1
Rules continued in part (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), regs. 1(2), 3
Contents
- 1THE OVERRIDING OBJECTIVE
- 1.1Overriding objective
- 1.2Participation of P
- Duties to further the overriding objective
- 1.3Court's duty to manage cases
- 1.4The duty of the parties
- 1.5The duty of legal representatives
- 1.6The duty of unrepresented litigants
- 2INTERPRETATION AND GENERAL PROVISIONS
- 2.1Interpretation
- 2.2Court officers
- 2.3Court officers – authorisation
- 2.4Computation of time
- 2.5Application of the Civil Procedure Rules and Family Procedure Rules
- 2.6Pilot schemes
- 3MANAGING THE CASE
- 3.1The court's general powers of case management
- 3.2Case management – unrepresented parties
- 3.3Court's power to dispense with requirement of any rule
- 3.4Exercise of powers on the court's own initiative
- 3.5General power of the court to rectify matters where there has been an error of procedure
- 3.6Dealing with the application
- 3.7Directions
- Allocation of proceedings
- 3.8Court's jurisdiction in certain kinds of cases to be exercised by certain judges
- 3.9Allocation of cases to case pathways
- 4HEARINGS
- Private hearings
- 4.1General rule – hearing to be held in private
- 4.2Court's general power to authorise publication of information about proceedings
- Power to order a public hearing
- 4.3Court's power to order that a hearing be held in public
- Supplementary
- 4.4Supplementary provisions relating to public or private hearings
- 5COURT DOCUMENTS
- 5.1Documents used in court proceedings
- 5.2Documents required to be verified by a statement of truth
- 5.3Position statement not required to be verified by statement of truth
- 5.4Failure to verify a document
- 5.5Failure to verify a witness statement
- 5.6False statements
- 5.7Personal details
- 5.8Supply of documents to a party from court records
- 5.9Supply of documents to a non-party from court records
- 5.10Subsequent use of court documents
- 5.11Editing information in court documents
- 5.12Public Guardian to be supplied with court documents relevant to supervision of deputies
- 5.13Provision of court order to Public Guardian
- 5.14Amendment of application
- 5.15Clerical mistakes or slips
- 5.16Endorsement of amendment
- 6SERVICE OF DOCUMENTS
- Service generally
- 6.1Scope
- 6.2Who is to serve
- 6.3Methods of service
- 6.4Service of documents on children and protected parties
- 6.5Service of documents on P if P becomes a party
- 6.6Substituted service
- 6.7Deemed service
- 6.8Certificate of service
- 6.9Certificate of non-service
- 6.10Power of court to dispense with service
- Service out of the jurisdiction
- 6.11Scope and interpretation
- 6.12Service of application form and other documents out of the jurisdiction
- 6.13Period for acknowledging service or responding to application where application is served out of the jurisdiction
- 6.14Method of service – general provisions
- 6.15Service in accordance with the Service Regulation Repealed
- 6.16Service through foreign governments, judicial authorities and British Consular authorities
- 6.17Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities
- 6.18Translation of application form or other document
- 6.19Undertaking to be responsible for expenses of the Foreign, Commonwealth and Development Office
- 7NOTIFYING P
- General requirement to notify P
- 7.1General
- 7.2Who is to notify P
- 7.3Notifying P of appointment of a litigation friend, etc.
- Circumstances in which P must be notified
- 7.4Application form
- 7.5Appeals
- 7.6Decisions and orders of the court
- 7.7Other matters
- Manner of notification and accompanying documents
- 7.8Manner of notification
- 7.9Acknowledgment of notification
- 7.10Certificate of notification
- 7.11Dispensing with requirement to notify, etc.
- 8PERMISSION
- 8.1General
- 8.2Where the court's permission is not required
- 8.3Permission - supplementary
- 8.4Application for permission
- 8.5Service of an order giving or refusing permission
- 8.6Appeal against a permission decision following a hearing
- 9HOW TO START AND RESPOND TO PROCEEDINGS, AND PARTIES TO PROCEEDINGS
- Initial steps
- 9.1General
- 9.2When proceedings are started
- 9.3Contents of the application form
- 9.4Documents to be filed with the application form
- 9.5What the court will do when an application form is filed
- Steps following issue of application form
- 9.6Applicant to serve the application form on named respondents
- 9.7Applications relating to lasting powers of attorney
- 9.8Applications relating to enduring powers of attorney
- 9.9Applicant to notify P of an application
- 9.10Applicant to notify other persons of an application
- 9.11Requirements for certain applications
- Responding to an application
- 9.12Responding to an application
- The parties to the proceedings
- 9.13Parties to the proceedings
- 9.14Persons to be bound as if parties
- 9.15Application to be joined as a party
- 9.16Application for removal as a party to proceedings
- 10APPLICATIONS WITHIN PROCEEDINGS
- 10.1Types of applications for which the Part 10 procedure may be used
- 10.2Application notice to be filed
- 10.3What an application notice must include
- 10.4Service of an application notice
- 10.5Applications without notice
- 10.6Security for costs
- 10.7Conditions to be satisfied
- 10.8Security for costs other than from the applicant
- 10.9Security for costs of an appeal
- Interim remedies
- 10.10Orders for interim remedies
- 11DEPRIVATION OF LIBERTY
- 11.1Deprivation of liberty
- 12HUMAN RIGHTS
- 12.1General
- 13JURISDICTION, WITHDRAWAL OF PROCEEDINGS, PARTICIPATION AND RECONSIDERATION
- Disputing the jurisdiction of the court
- 13.1Procedure for disputing the court's jurisdiction
- Withdrawal of proceedings
- 13.2Permission required to withdraw proceedings
- Participation in hearings
- 13.3Participation in hearings
- Reconsideration of court orders
- 13.4Orders made without a hearing or without notice to any person
- 14ADMISSIONS, EVIDENCE AND DEPOSITIONS
- Admissions
- 14.1Making an admission
- Evidence
- 14.2Power of court to control evidence
- 14.3Evidence of witnesses – general rule
- 14.4Written evidence – general rule
- 14.5Evidence by video link or other means
- 14.6Service of witness statements for use at final hearing
- 14.7Form of witness statement
- 14.8Witness summaries
- 14.9Affidavit evidence
- 14.10Form of affidavit
- 14.11Affidavit made outside the jurisdiction
- 14.12Notarial acts and instruments
- 14.13Summoning of witnesses
- 14.14Power of court to direct a party to provide information
- Depositions
- 14.15Evidence by deposition
- 14.16Conduct of examination
- 14.17Fees and expenses of examiners of the court
- 14.18Examiners of the court
- 14.19Enforcing attendance of a witness
- 14.20Use of deposition at a hearing
- Taking evidence outside the jurisdiction
- 14.21Interpretation Repealed
- 14.22Where a person to be examined is in another Regulation State Repealed
- 14.23Where a person to be examined is out of the jurisdiction – letter of request
- Section 49 reports
- 14.24Reports under section 49 of the Act
- 14.25Written questions to person making a report under section 49
- 15EXPERTS
- 15.1References to expert
- 15.2Restriction on filing an expert's report
- 15.3Duty to restrict expert evidence
- 15.4Experts – overriding duty to the court
- 15.5Court's power to restrict expert evidence
- 15.6General requirement for expert evidence to be given in a written report
- 15.7Written questions to experts
- 15.8Contents of expert's report
- 15.9Use by one party of expert's report disclosed by another
- 15.10Discussions between experts
- 15.11Expert's right to ask court for directions
- 15.12Court's power to direct that evidence is to be given by a single joint expert
- 15.13Instructions to a single joint expert
- 16DISCLOSURE
- 16.1Meaning of disclosure
- 16.2General or specific disclosure
- 16.3Procedure for general or specific disclosure
- 16.4Ongoing duty of disclosure
- 16.5Right to inspect documents
- 16.6Inspection and copying of documents
- 16.7Claim to withhold inspection or disclosure of documents
- 16.8Consequence of failure to disclose documents or permit inspection
- 17LITIGATION FRIENDS AND RULE 1.2 REPRESENTATIVES
- Chapter SECTION 1 – LITIGATION FRIENDS
- 17.1Who may act as a litigation friend
- 17.2Requirement for a litigation friend
- 17.3Litigation friend without a court order
- 17.4Litigation friend by court order
- 17.5Court's power to prevent a person from acting as a litigation friend or to bring an end to an appointment of a person as a litigation friend or to appoint another one
- 17.6Appointment of litigation friend by court order – supplementary
- 17.7Procedure where appointment of a litigation friend comes to an end for a child
- 17.8Practice direction in relation to litigation friends
- Chapter SECTION 2 – RULE 1.2 REPRESENTATIVES
- 17.9Who may act as a rule 1.2 representative for P
- 17.10Rule 1.2 representative by court order
- 17.11Application by rule 1.2 representative or by P for directions
- 17.12Court's power to prevent a person from acting as a rule 1.2 representative or to bring an end to an appointment of a person as a rule 1.2 representative or to appoint another one
- 17.13Appointment of rule 1.2 representative by court order – supplementary
- 17.14Practice direction in relation to rule 1.2 representatives
- 18CHANGE OF SOLICITOR
- 18.1Change of solicitor
- 18.2Legally aided persons
- 18.3Order that a solicitor has ceased to act
- 18.4Removal of solicitor who has ceased to act on application of another party
- 18.5Practice direction relating to change of solicitor
- 19COSTS
- 19.1Interpretation
- 19.2Property and affairs – the general rule
- 19.3Personal welfare – the general rule
- 19.4Apportioning costs – the general rule
- 19.5Departing from the general rule
- 19.6Rules about costs in the Civil Procedure Rules to apply
- 19.7Detailed assessment of costs
- 19.8Employment of a solicitor by two or more persons
- 19.9Costs of the Official Solicitor
- 19.10Procedure for assessing costs
- 19.11Costs following P's death
- 19.12Costs orders in favour of or against non-parties
- 19.13Remuneration of a deputy, donee or attorney
- 19.14Practice direction as to costs
- 20APPEALS
- 20.1Scope of this Part
- 20.2Interpretation
- 20.3Dealing with appeals
- 20.4Destination of appeals
- 20.5Permission to appeal – appeals to the Court of Appeal
- 20.6Permission to appeal – other cases
- 20.7Appeal against an order for committal to prison
- 20.8Matters to be taken into account when considering an application for permission
- 20.9Power to treat application for permission to appeal as application for reconsideration under rule 13.4
- 20.10Appellant's notice
- 20.11Respondent's notice
- 20.12Variation of time
- 20.13Power of appeal judge on appeal
- 20.14Determination of appeals
- 21APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
- 21.1Scope
- 21.2Interpretation
- 21.3How to make a contempt application
- 21.4Requirements of a contempt application
- 21.5Service of a contempt application
- 21.6Cases where no application is made
- 21.7Directions for hearing of contempt proceedings
- 21.8Hearings and judgments in contempt proceedings
- 21.9Powers of the court in contempt proceedings
- 21.10Applications to discharge committal orders
- 22CIVIL RESTRAINT ORDERS
- 22.1Powers of the court to make civil restraint orders
- 23INTERNATIONAL PROTECTION OF ADULTS
- 23.1Applications in connection with Schedule 3 to the Act – general
- 23.2Interpretation
- 23.3Application of these Rules in relation to Schedule 3 applications
- 23.4Applications for recognition and enforcement
- 23.5Applications in relation to lasting powers – disapplication or modification
- 23.6Applications in relation to lasting powers – declaration as to authority of donee of lasting power
- 24MISCELLANEOUS
- 24.1Enforcement methods – general
- 24.2Enforcement methods – application of the Civil Procedure Rules 1998
- 24.3Order or directions requiring a person to give security for discharge of functions
- 24.4Objections to registration of an enduring power of attorney – request for directions
- 24.5Disposal of property where P ceases to lack capacity
- 24.6Citation and commencement, revocations and transitional provision
- Signature
- Schedule Revocations
- Explanatory note