OpenLegislation

Rule 7.44 Appointment of another person to actI1

England and Wales

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

  • rule 4.54(5-CVL) substituted for rule 4.54(5) by Insolvency 2010 Sch. 1 para. 179(5)
(1)

[FORM 7.19]The court may appoint such person as it thinks fit to appear for, represent or act for the incapacitated person.

(2)

The appointment may be made either generally or for the purpose of any particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for his incapacity.

(3)

The court may make the appointment either of its own motion or on application by—

(a)

a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person, or

(b)

any relative or friend of the incapacitated person who appears to the court to be a proper person to make the application, or

(c)

the official receiver, or

(d)

the person who, in relation to the proceedings, is the responsible insolvency practitioner.

(4)

Application under paragraph (3) may be made ex parte; but the court may require such notice of the application as it thinks necessary to be given to the person alleged to be incapacitated, or any other person, and may adjourn the hearing of the application to enable the notice to be given.

Annotations

Commencement

I1

Rule 7.44 in force at 29.12.1986, see rule 0.1

Notes on Chapter 7

Textual amendments

F1

Ch. 7 Pt. 7 heading substituted (1.10.2007) by The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 (S.I. 2007/1898), art. 1, Sch. 1 para. 12(4)