Mental Capacity Act 2005

53 Rights of appeal E+W

(1) Subject to the provisions of this section, an appeal lies to the Court of Appeal from any decision of the court.

[F1 (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.]

F2 (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 F3 ... 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

F1 S. 53(2) substituted (12.2.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 62(2), 95(1)

F2 S. 53(3) omitted (12.2.2015) by virtue of 2015 Criminal Justice and Courts Act 2015 (c. 2), ss. 62(3), 95(1)

F3 Word 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)