{
  "url": "https://openlegislation.uk/mental-capacity-act-2005-transfer-of-proceedings-order-2007/article-2",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005-transfer-of-proceedings-order-2007/article-2.json",
  "legislation": "uksi/2007/1899",
  "legislation_title": "The Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005-transfer-of-proceedings-order-2007",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Transfers from the Court of Protection to a court having jurisdiction under the Children Act",
  "text": "(1) This article applies to any proceedings in the Court of Protection which relate to a person under 18.\n(2) The Court of Protection may direct the transfer of the whole or part of the proceedings to a court having jurisdiction under the Children Act where it considers that in all the circumstances, it is just and convenient to transfer the proceedings.\n(3) In making a determination, the Court of Protection must have regard to—\n(a) whether the proceedings should be heard together with other proceedings that are pending in a court having jurisdiction under the Children Act;\n(b) whether any order that may be made by a court having jurisdiction under that Act is likely to be a more appropriate way of dealing with the proceedings;\n(c) the need to meet any requirements that would apply if the proceedings had been started in a court having jurisdiction under the Children Act; and\n(d) any other matter that the court considers relevant.\n(4) The Court of Protection—\n(a) may exercise the power to make an order under paragraph (2) on an application or on its own initiative; and\n(b) where it orders a transfer, must give reasons for its decision.\n(5) Any proceedings transferred under this article—\n(a) are to be treated for all purposes as if they were proceedings under the Children Act which had been started in a court having jurisdiction under that Act; and\n(b) are to be dealt with after the transfer in accordance with directions given by a court having jurisdiction under that Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/1899/article/2",
    "retrieved_at": "2026-10-29T03:49:41.114274+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}