- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2015)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 16/05/2019
Point in time view as at 01/04/2015.
Mental Capacity Act 2005, Cross Heading: Practice and procedure is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)No permission is required for an application to the court for the exercise of any of its powers under this Act—
(a)by a person who lacks, or is alleged to lack, capacity,
(b)if such a person has not reached 18, by anyone with parental responsibility for him,
(c)by the donor or a donee of a lasting power of attorney to which the application relates,
(d)by a deputy appointed by the court for a person to whom the application relates, or
(e)by a person named in an existing order of the court, if the application relates to the order.
[F1(1A)Nor is permission required for an application to the court under section 21A by the relevant person's representative.]
F1(2)But, subject to Court of Protection Rules and to paragraph 20(2) of Schedule 3 (declarations relating to private international law), permission is required for any other application to the court.
(3)In deciding whether to grant permission the court must, in particular, have regard to—
(a)the applicant's connection with the person to whom the application relates,
(b)the reasons for the application,
(c)the benefit to the person to whom the application relates of a proposed order or directions, and
(d)whether the benefit can be achieved in any other way.
(4)“Parental responsibility” has the same meaning as in the Children Act 1989 (c. 41).
Textual Amendments
F1S. 50(1A) inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 9 para. 9; S.I. 2009/139, art. 2(e) (with art. 3)
[F2(1)Rules of court with respect to the practice and procedure of the court (to be called “Court of Protection Rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.]
F2(2)Court of Protection Rules may, in particular, make provision—
(a)as to the manner and form in which proceedings are to be commenced;
(b)as to the persons entitled to be notified of, and be made parties to, the proceedings;
(c)for the allocation, in such circumstances as may be specified, of any specified description of proceedings to a specified judge or to specified descriptions of judges;
(d)for the exercise of the jurisdiction of the court, in such circumstances as may be specified, by its officers or other staff;
(e)for enabling the court to appoint a suitable person (who may, with his consent, be the Official Solicitor) to act in the name of, or on behalf of, or to represent the person to whom the proceedings relate;
(f)for enabling an application to the court to be disposed of without a hearing;
(g)for enabling the court to proceed with, or with any part of, a hearing in the absence of the person to whom the proceedings relate;
(h)for enabling or requiring the proceedings or any part of them to be conducted in private and for enabling the court to determine who is to be admitted when the court sits in private and to exclude specified persons when it sits in public;
(i)as to what may be received as evidence (whether or not admissible apart from the rules) and the manner in which it is to be presented;
(j)for the enforcement of orders made and directions given in the proceedings.
(3)Court of Protection Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.
(4)Court of Protection Rules may make different provision for different areas.
Textual Amendments
(1)Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.
(2)Practice directions given otherwise than under subsection (1) may not be given without the approval of—
(a)the Lord Chancellor, and
(b)the Lord Chief Justice.
(3)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).F3]
Textual Amendments
(1)Subject to the provisions of this section, an appeal lies to the Court of Appeal from any decision of the court.
[F4(2)Court of Protection Rules may provide that, where a decision of the court is made by a specified description of person, an appeal from the decision lies to a specified description of judge of the court and not to the Court of Appeal.]
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Court of Protection Rules may make provision—
(a)that, in such cases as may be specified, an appeal from a decision of the court may not be made without permission;
(b)as to the person or persons entitled to grant permission to appeal;
(c)as to any requirements to be satisfied before permission is granted;
(d)that where a F6... judge of the court makes a decision on an appeal, no appeal may be made to the Court of Appeal from that decision unless the Court of Appeal considers that—
(i)the appeal would raise an important point of principle or practice, or
(ii)there is some other compelling reason for the Court of Appeal to hear it;
(e)as to any considerations to be taken into account in relation to granting or refusing permission to appeal.
Textual Amendments
F4S. 53(2) substituted (12.2.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 62(2), 95(1)
F5S. 53(3) omitted (12.2.2015) by virtue of 2015 Criminal Justice and Courts Act 2015 (c. 2), ss. 62(3), 95(1)
F6Word in s. 53(4)(d) omitted (12.2.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 62(4), 95(1)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys