Amendments to the Court of Protection Rules 2007
57. After rule 171, insert—
“Destination of appeals
171A.—(1) An appeal from a decision of a judge of the court shall lie to the Court of Appeal in the following cases—
(a)where it is an appeal from a decision of a Tier 3 Judge; or
(b)where it is a second appeal.
(2) Subject to paragraph (1) and to any alternative provision made by the relevant practice direction—
(a)where the first instance judge was a Tier 1 Judge, any appeal shall be heard by a Tier 2 Judge;
(b)where the first instance judge was a Tier 2 Judge, any appeal shall be heard by a Tier 3 Judge.
(3) No appeal may be made against a decision of a court officer authorised under rule 7A.
(A decision of a court officer authorised under rule 7A can be reconsidered by a judge under rule 89.)
Permission to appeal – appeals to the Court of Appeal
171B.—(1) Subject to rule 172A, an appeal to the Court of Appeal against a decision of a judge of the court may not be made without permission.
(2) Where an appeal to the Court of Appeal is made from a decision of a Tier 3 Judge, permission may be granted by the first instance judge or by the Court of Appeal, unless the appeal is a second appeal.
(3) Where an appeal to the Court of Appeal is a second appeal, permission may only be granted by the Court of Appeal.
(4) No appeal shall lie against—
(a)the granting or refusal of permission under this rule; or
(b)an order allowing an extension of time for appealing from an order.
(The procedure for an appeal from a decision of a judge of the court to the Court of Appeal, including requirements for permission, is governed by the Civil Procedure Rules 1998.)”.