OpenLegislation

The Court of Protection Rules 2007

S.I. 2007/1744 · Made 25 June 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

mental capacity, england and wales

Made 25th June 2007

Laid before Parliament 4th July 2007

Coming into force 1st October 2007

The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice) with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by sections 49(5), 50(2), 51, 53(2) and (4), 55, 56 and 65(1) of the Mental Capacity Act 2005f1, and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005f2.

Annotations to the whole text

Footnotes

f1

2005 c.9, as amended by article 2 of, and paragraphs 30 and 34 of Schedule 1 to, the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 2) Order 2006 (S.I. 2006/1016).

f2

2005 c.4.

Contents

  1. Part 1: PRELIMINARY
  2. 1Title and commencement
  3. 2Revocations
  4. Part 2: THE OVERRIDING OBJECTIVE
  5. 3The overriding objective
  6. 4The duty of the parties
  7. 5Court’s duty to manage cases
  8. Part 3: INTERPRETATION AND GENERAL PROVISIONS
  9. 6Interpretation
  10. 7Court officers
  11. 8Computation of time
  12. 9Application of the Civil Procedure Rules
  13. Part 4: COURT DOCUMENTS
  14. 10Documents used in court proceedings
  15. 11Documents required to be verified by a statement of truth
  16. 12Failure to verify a document
  17. 13Failure to verify a witness statement
  18. 14False statements
  19. 15Personal details
  20. 16Supply of documents to a party from court records
  21. 17Supply of documents to a non-party from court records
  22. 18Subsequent use of court documents
  23. 19Editing information in court documents
  24. 20Public Guardian to be supplied with court documents relevant to supervision of deputies
  25. 21Provision of court order to Public Guardian
  26. 22Amendment of application
  27. 23Clerical mistakes or slips
  28. 24Endorsement of amendment
  29. Part 5: GENERAL CASE MANAGEMENT POWERS
  30. 25The court’s general powers of case management
  31. 26Court’s power to dispense with requirement of any rule
  32. 27Exercise of powers on the court’s own initiative
  33. 28General power of the court to rectify matters where there has been an error of procedure
  34. Part 6: SERVICE OF DOCUMENTS
  35. Service generally
  36. 29Scope
  37. 30Who is to serve
  38. 31Methods of service
  39. 32Service of documents on children and protected parties
  40. 33Service of documents on P if he becomes a party
  41. 34Substituted service
  42. 35Deemed service
  43. 36Certificate of service
  44. 37Certificate of non-service
  45. 38Power of court to dispense with service
  46. Service out of the jurisdiction
  47. 39Application of Family Procedure (Adoption) Rules 2005
  48. Part 7: NOTIFYING P
  49. General requirement to notify P
  50. 40General
  51. 41Who is to notify P
  52. Circumstances in which P must be notified
  53. 42Application forms
  54. 43Appeals
  55. 44Final orders
  56. 45Other matters
  57. Manner of notification, and accompanying documents
  58. 46Manner of notification
  59. 47Acknowledgment of notification
  60. 48Certificate of notification
  61. 49Dispensing with requirement to notify, etc
  62. Part 8: PERMISSION
  63. 50General
  64. 51Where the court’s permission is not required
  65. 52Exceptions to rule 51(2)(a)
  66. 53Permission - supplementary
  67. 54Application for permission
  68. 55What the court will do when an application for permission to start proceedings is filed
  69. 56Persons to be notified of the hearing of an application for permission
  70. 57Acknowledgment of notification of permission application
  71. 58Failure to file acknowledgment of notification
  72. 59Service of an order giving or refusing permission
  73. 60Appeal against a permission decision following a hearing
  74. Part 9: HOW TO START PROCEEDINGS
  75. Initial steps
  76. 61General
  77. 62When proceedings are started
  78. 63Contents of the application form
  79. 64Documents to be filed with the application form
  80. 65What the court will do when an application form is filed
  81. Steps following issue of application form
  82. 66Applicant to serve the application form on named respondents
  83. 67Applications relating to lasting powers of attorney
  84. 68Applications relating to enduring powers of attorney
  85. 69Applicant to notify P of an application
  86. 70Applicant to notify other persons of an application
  87. 71Requirements for certain applications
  88. Responding to an application
  89. 72Responding to an application
  90. The parties to the proceedings
  91. 73Parties to the proceedings
  92. 74Persons to be bound as if parties
  93. 75Application to be joined as a party
  94. 76Applications for removal as a party to proceedings
  95. Part 10: APPLICATIONS WITHIN PROCEEDINGS
  96. 77Types of applications for which the Part 10 procedure may be used
  97. 78Application notice to be filed
  98. 79What an application notice must include
  99. 80Service of an application notice
  100. 81Applications without notice
  101. Interim Remedies
  102. 82Orders for interim remedies
  103. Part 11: HUMAN RIGHTS
  104. 83General
  105. Part 12: DEALING WITH APPLICATIONS
  106. 84Dealing with the application
  107. 85Directions
  108. Allocation of proceedings
  109. 86Court’s jurisdiction in certain kinds of case to be exercised by certain judges
  110. Disputing the jurisdiction of the court
  111. 87Procedure for disputing the court’s jurisdiction
  112. Participation in hearings
  113. 88Participation in hearings
  114. Reconsideration of court orders
  115. 89Orders made without a hearing or without notice to any person
  116. Part 13: HEARINGS
  117. Private hearings
  118. 90General rule – hearing to be in private
  119. 91Court’s general power to authorise publication of information about proceedings
  120. Power to order a public hearing
  121. 92Court’s power to order that a hearing be held in public
  122. Supplementary
  123. 93Supplementary provisions relating to public or private hearings
  124. Part 14: ADMISSIONS, EVIDENCE AND DEPOSITIONS
  125. Admissions
  126. 94Making an admission
  127. Evidence
  128. 95Power of court to control evidence
  129. 96Evidence of witnesses – general rule
  130. 97Written evidence – general rule
  131. 98Evidence by video link or other means
  132. 99Service of witness statements for use at final hearing
  133. 100Form of witness statement
  134. 101Witness summaries
  135. 102Affidavit evidence
  136. 103Form of affidavit
  137. 104Affidavit made outside the jurisdiction
  138. 105Notarial acts and instruments
  139. 106Summoning of witnesses
  140. 107Power of court to direct a party to provide information
  141. Depositions
  142. 108Evidence by deposition
  143. 109Conduct of examination
  144. 110Fees and expenses of examiners of the court
  145. 111Examiners of the court
  146. 112Enforcing attendance of a witness
  147. 113Use of deposition at a hearing
  148. Taking evidence outside the jurisdiction
  149. 114Interpretation
  150. 115Where a person to be examined is in another Regulation State
  151. 116Where a person to be examined is out of the jurisdiction – letter of request
  152. Section 49 reports
  153. 117Reports under section 49 of the Act
  154. 118Written questions to person making a report under section 49
  155. Part 15: EXPERTS
  156. 119References to expert
  157. 120Restriction on filing an expert’s report
  158. 121Duty to restrict expert evidence
  159. 122Experts – overriding duty to the court
  160. 123Court’s power to restrict expert evidence
  161. 124General requirement for expert evidence to be given in a written report
  162. 125Written questions to experts
  163. 126Contents of expert’s report
  164. 127Use by one party of expert’s report disclosed by another
  165. 128Discussions between experts
  166. 129Expert’s right to ask court for directions
  167. 130Court’s power to direct that evidence is to be given by a single joint expert
  168. 131Instructions to a single joint expert
  169. Part 16: DISCLOSURE
  170. 132Meaning of disclosure
  171. 133General or specific disclosure
  172. 134Procedure for general or specific disclosure
  173. 135Ongoing duty of disclosure
  174. 136Right to inspect documents
  175. 137Inspection and copying of documents
  176. 138Claim to withhold inspection or disclosure of document
  177. 139Consequence of failure to disclose documents or permit inspection
  178. Part 17: LITIGATION FRIEND
  179. 140Who may act as a litigation friend
  180. 141Requirement for a litigation friend
  181. 142Litigation friend without a court order
  182. 143Litigation friend by court order
  183. 144Court’s power to prevent a person from acting as litigation friend or to order change
  184. 145Appointment of litigation friend by court order – supplementary
  185. 146Procedure where appointment of litigation friend comes to an end – for a child or protected party
  186. 147Procedure where appointment of litigation friend comes to an end – for P
  187. 148Procedure where P ceases to lack capacity
  188. 149Practice direction in relation to litigation friends
  189. Part 18: CHANGE OF SOLICITOR
  190. 150Change of solicitor
  191. 151LSC funded clients
  192. 152Order that a solicitor has ceased to act
  193. 153Removal of solicitor who has ceased to act on application of another party
  194. 154Practice direction relating to change of solicitor
  195. Part 19: COSTS
  196. 155Interpretation
  197. 156Property and affairs – the general rule
  198. 157Personal welfare – the general rule
  199. 158Apportioning costs – the general rule
  200. 159Departing from the general rule
  201. 160Rules about costs in the Civil Procedure Rules to apply
  202. 161Detailed assessment of costs
  203. 162Employment of a solicitor by two or more persons
  204. 163Costs of the Official Solicitor
  205. 164Procedure for assessing costs
  206. 165Costs following P’s death
  207. 166Costs orders in favour of or against non-parties
  208. 167Remuneration of a deputy, donee or attorney
  209. 168Practice direction as to costs
  210. Part 20: APPEALS
  211. 169Scope of this Part
  212. 170Interpretation
  213. 171Dealing with appeals
  214. 172Permission to appeal
  215. 173Matters to be taken into account when considering an application for permission
  216. 174Parties to comply with the practice direction
  217. 175Appellant’s notice
  218. 176Respondent’s notice
  219. 177Variation of time
  220. 178Power of appeal judge on appeal
  221. 179Determination of appeals
  222. 180Allocation
  223. Appeals to the Court of Appeal
  224. 181Appeals against decision of a puisne judge of the High Court, etc
  225. 182Second appeals
  226. Part 21: ENFORCEMENT
  227. 183Enforcement methods – general
  228. 184Application of the Civil Procedure Rules 1998 and RSC Orders
  229. Orders for committal
  230. 185Contempt of court – generally
  231. 186Application for order of committal
  232. 187Oral evidence
  233. 188Hearing for committal order
  234. 189Power to suspend execution of committal order
  235. 190Warrant for arrest
  236. 191Discharge of person committed
  237. 192Penal notices
  238. 193Saving for other powers
  239. 194Power of court to commit on its own initiative
  240. Part 22: TRANSITORY AND TRANSITIONAL PROVISIONS
  241. 195Transitory provision: applications by former receivers
  242. 196Transitory provision: dealing with applications under rule 195
  243. 197Appeal against a decision of a nominated officer
  244. 198Application of Rules to proceedings within paragraphs 3 and 12 of Schedule 5 to the Act
  245. 199Practice direction
  246. Part 23: MISCELLANEOUS
  247. 200Order or directions requiring a person to give security for discharge of functions
  248. 201Objections to registration of an enduring power of attorney: request for directions
  249. 202Disposal of property where P ceases to lack capacity
  250. Signature
  251. Explanatory note