Explanatory note

This Order provides for transfers of proceedings between the Court of Protection and a court having jurisdiction under the Children Act 1989 (c. 41) (“the Children Act”).

Article 2 specifies the circumstances in which proceedings in the Court of Protection may be transferred to a court having jurisdiction under the Children Act and sets out how proceedings are to be dealt with when a transfer is made.

Article 3 specifies the circumstances in which proceedings in a court having jurisdiction under the Children Act may be transferred to the Court of Protection and sets out how proceedings are to be dealt with when a transfer is made.

Article 4 makes provision for treating any fee paid to start the proceedings which are transferred as if it had been the fee payable to start proceedings in the court to which the transfer is made.