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Rule 7.45 Affidavit in support of applicationI1

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)

Except where made by the official receiver, an application under Rule 7.44(3) shall be supported by an affidavit of a registered medical practitioner as to the mental or physical condition of the incapacitated person.

(2)

In the excepted case, a report made by the official receiver is sufficient.

Annotations

Commencement

I1

Rule 7.45 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)