Section 45 The Court of Protection

England and Wales

(1)

There is to be a superior court of record known as the Court of Protection.

(2)

The court is to have an official seal.

(3)

The court may sit at any place in England and Wales, on any day and at any time.

(4)

The court is to have a central office and registry at a place appointed by the Lord Chancellor F1, after consulting the Lord Chief Justice.

(5)

The Lord Chancellor may F2, after consulting the Lord Chief Justice, designate as additional registries of the court any district registry of the High Court and any county court office.

F3(5A)

The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a)

the President of the Court of Protection;

(b)

a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).

(6)

The office of the Supreme Court called the Court of Protection ceases to exist.

Annotations

Textual amendments

F1: Words in s. 45(4) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), arts. 1, 2, Sch. 1 para. 32(2)
F2: Words in s. 45(5) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), arts. 1, 2, Sch. 1 para. 32(3)
F3: S. 45(5A) inserted (3.4.2006) by The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 (S.I. 2006/1016), arts. 1, 2, Sch. 1 para. 32(4)