C1F1PART 21CHILDREN AND PROTECTED PARTIES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

Scope of this Part21.1

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

F4c

does not apply to—

i

proceedings under Part 75;

ii

enforcement of specified debts by taking control of goods; or

iii

applications in relation to enforcement of specified debts by taking control of goods,

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 proceedingsF5;

F6f

“specified debts” has the same meaning as in rule 75.1(2)(e); and

g

“taking control of goods” means using the procedure to take control of goods contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

(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.)