[F1PART 21E+WCHILDREN AND PROTECTED PARTIES

Textual Amendments

Modifications etc. (not altering text)

Scope of this PartE+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.

([F2Rules 6.13 and 6.25 contain] provisions about the service of documents on children and protected parties.)

(Rule [F346.4] deals with costs where money is payable by or to a child or protected party.)]

Textual Amendments