The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 No. 1178

PART 10 E+W Court procedure and practice

CHAPTER 8 E+W People who lack capacity to manage their affairs etc.

Appointment of another person to act E+W

219.—(1) The court may appoint such person as it thinks just to appear for, represent or act for the incapacitated person.

(2) An appointment made under paragraph (1) may be made either generally or for the purpose of any particular application or proceeding, or for the exercise of particular rights or powers which the incapacitated person might have exercised but for that person’s incapacity.

(3) The court may make the appointment either of its own motion or on application by—

(a) a person who has been appointed by a court in the United Kingdom or elsewhere to manage the affairs of, or to represent, the incapacitated person,

(b) any person who appears to the court to be a suitable person to make the application, or

(c) the administrator.

(4) An application under paragraph (3) may be made without notice to any other party. However, the court may require such notice of the application as it thinks necessary to be given to the incapacitated person or any other person, and may adjourn the hearing of the application to enable the notice to be given.

Commencement Information

I1 Rule 219 in force at 12.11.2021, see rule 2