The Court of Protection (Amendment) Rules 2005

Amendments to the Court of Protection Rules 2001

5.  For rule 78(1), substitute—

“(1) Subject to paragraph (1A), an administration fee shall be payable—

(a) on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings;

(b) on the court making an order or direction authorising an officer of the court or some other suitable person named in the order or direction to deal with a patient’s property or affairs under rule 8 and on every subsequent anniversary of that date, until the termination of the proceedings; and

(c) at such other times either during the proceedings or at their termination as the court may direct, and

where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.

(1A) Where the proceedings are terminated less than six months from the date of the order or direction referred to in paragraph 1(b) authorising an officer of the court or some other suitable person named in the order or direction to deal with a patient’s property or affairs under rule 8, the fee payable under that paragraph shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable.”