The Court of Protection (Enduring Powers of Attorney) Rules 1994

Interpretation

3.—(1) In these Rules, unless the context otherwise requires—

• expressions used in the Supreme Court Act 1981(1) shall have the same meaning as they have in that Act;

• “the Act” means the Enduring Powers of Attorney Act 1985;

• “the 1983 Act” means the Mental Health Act 1983;

• “the 1994 Rules” means the Court of Protection Rules 1994;

• “applicant ” includes an objector;

• “application” includes an objection;

• “the court” means the Court of Protection;

• “direction” means a direction or authority given under the seal of the Public Trustee;

• “enduring power of attorney” shall be construed in accordance with section 2 of the 1985 Act;

• “entered” means entered in the register of enduring powers of attorney kept by the Public Trust office;

• “filed” means filed in the Public Trust office;

• “judge” means the Lord Chancellor or a judge nominated under section 93(1) of the 1983 Act;

• “Master” means the Master of the Court of Protection;

• “nominated officer” means an officer of the court nominated under section 93(4) of the 1983 Act;

• “order” means an order of the court under seal and includes a certificate, direction or authority of the court under seal;

• “receiver” means a receiver appointed under section 99(1) of the 1983 Act;

• “relative” means one of the persons referred to as relatives and entitled to receive notice under the provisions of paragraphs 1 and 2 of Schedule 1 to the Act;

• “seal” means an official seal of the court or the Public Trustee as appropriate and “sealed” shall be construed accordingly.

(2) Where, in these Rules, there is a reference to something which may be done by the court or the Public Trustee, the reference shall be construed as meaning the court or the Public Trustee as appropriate.

(3) In these Rules, a form referred to by letter alone means the form so designated in Schedule 1 to these Rules or a form to the same effect with such variations as the circumstances may require and the court may approve and in both cases shall include a Welsh translation of the form.

(1)

1981 c. 54