Article 5 Amendments to the Court of Protection Fees Order 2007I1

The Court of Protection Fees Order 2007^f1 is amended as follows.

In article 3 (schedule of fees), for “the Schedule”, substitute “Schedule 1”.

For article 8 (exemptions), substitute—

“Remissions and part remissions

8.

Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.”.

Omit article 9 (reductions and remissions in exceptional circumstances).

Number the Schedule (fees to be taken) as Schedule 1.

After Schedule 1 (fees to be taken) as numbered by this Order, insert the Schedule to this Order, numbered as Schedule 2.

For paragraph 14 (income and resources treated as the party’s income and resources) of Schedule 2 so inserted, substitute—

“Resources and income treated as the party’s resources and income

14.

(1)

Subject to sub-paragraphs (2) to (5), the disposable capital and gross monthly income of a partner is to be treated as disposable capital and gross monthly income of the party.

(2)

Where the partner of the party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner is not treated as the disposable capital and gross monthly income of the party.

(3)

Where proceedings are brought concerning the property and affairs of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule—

(a)

the disposable capital and gross monthly income of the person bringing those proceedings is not treated as the disposable capital and gross monthly income of the party;

(b)

the disposable capital and gross monthly income of ‘P’ is to be treated as the disposable capital of the party; and

(c)

the disposable capital and gross monthly income of the partner of ‘P’, if any, is not treated as the disposable capital and gross monthly income of the party.

(4)

Where proceedings are brought concerning the personal welfare of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule, the disposable capital and gross monthly income of a partner, if any, is not treated as the disposable capital and gross monthly income of the party, where that partner is ‘P’ who is the subject of those proceedings in which the fee is payable.

(5)

Where proceedings concern both the property and affairs of ‘P’ and their personal welfare, their disposable capital and gross monthly income shall be treated in accordance with sub-paragraph (3).”.

At the end of sub-paragraph 16(3) of Schedule 2 so inserted, for “paying the fee”, substitute “the date of the order of the court which finally disposed of the proceedings”.