THE COURT OF PROTECTION RULES 1994

PART II FUNCTIONS OF THE PUBLIC TRUSTEE

Functions of the Public Trustee

6.—(1) The Public Trustee may exercise all the functions conferred on the judge by Part VII of the Act except for the following functions which shall only be exercised by the court—

(a) the resolution of any contested application including any interim matters relating to it;

(b) the appointment and discharge of a receiver under section 99 of the Act;

(c) the appointment of a new receiver;

(d) the appointment of an interim receiver under rule 44;

(e) subject to rule 9, the determination of jurisdiction of the court under section 94(2) of the Act;

(f) the making of orders on applications under sections 96(1)(e), (i) and (k), 98, 100, 103 and 104 of the Act;

(g) the making of orders on applications under sections 96(1)(d) or 96(2) of the Act except where, in respect of a gift, it is payable out of the surplus income or capital, is insignificant in the context of the patient’s assets and is for a sum not more than £15,000;

(h) the making of orders relating to loans or other financial transactions where there is an element of gift except where it is payable out of the surplus income or capital, is insignificant in the context of the patient’s assets and is for a sum not more than £15,000;

(i) the making of directions under section 101 of the Act and in respect of property to which section 101 of the Act applies and for the severance of joint tenancies;

(j) the making of directions relating to any assets of a patient that are the subject of specific bequests or devises in his Will;

(k) the making of orders under sections 36(9) or 54 of the Trustee Act 1925(1);

(l) the making of orders determining proceedings;

(m) the making of orders relating to assets situated outside England and Wales and for the transfer of assets out of England and Wales;

(n) the giving of such directions as may be appropriate in relation to a Will made or proposed to be made by a patient.

(2) Where, in the exercise of any of his functions, the Public Trustee considers that it may be appropriate to restrict the rights of creditors under section 95(2) of the Act, or that payment should be made to persons other than the patient where the patient is insolvent, he shall refer the matter to the court for determination.

(3) Notwithstanding paragraph (1) the Public Trustee may, if he thinks fit, refer any matter to the court for determination.

(4) Nothing in this rule shall prevent the court from exercising any of its functions in relation to any matter being dealt with by the Public Trustee under paragraph (1).

(5) The Public Trustee shall have the power, where he is appointed receiver, to do anything which by virtue of paragraph (1) above, he would be empowered to authorise a receiver to do.

(1)

1925 c. 19; section 36(9) was substituted by the Mental Health Act 1959 (c. 72), Schedule 7, Part 1 and amended by the Mental Health Act 1983 (c. 20), Schedule 4, paragraph 4(a).