[F1 PART 21 E+WCHILDREN AND PROTECTED PARTIES

Textual Amendments

F1 Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2

Scope of this Part E+W

21.1.— (1) This Part—

(a) contains special provisions which apply in proceedings involving children and protected parties;

(b) sets out how a person becomes a litigation friend; and

(c) does not apply to proceedings under Part 75 where one of the parties to the proceedings is a child.

(2) In this Part—

(a) ‘the 2005 Act’ means the Mental Capacity Act 2005;

(b) ‘child’ means a person under 18;

(c) ‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act;

(d) ‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings;

(e) ‘protected beneficiary’ means a protected party who lacks capacity to manage and control any money recovered by him or on his behalf or for his benefit in the proceedings.

(Rule 6.6 contains provisions about the service of documents on children and protected parties.)

(Rule 48.5 deals with costs where money is payable by or to a child or protected party.)]