C1F1PART 84ENFORCEMENT BY TAKING CONTROL OF GOODS
Pt. 84 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(f), 24.6(1)
F2SECTION IVProceedings in relation to certificates under section 64 of the 2007 Act
Pt. 84 Section 4 inserted (6.4.2014) by The Civil Procedure (Amendment No.2) Rules 2014 (S.I. 2014/482), rules 2, 4, Sch. (with rule 5)
Complaints as to fitness to hold a certificate84.20
1
This rule applies to a complaint under regulation 9(1) of the Certification Regulations.
2
The complaint must be submitted to the County Court hearing centre at which the certificate was issued, using the F3approved form.
3
A copy of the complaint must be sent to the applicant at least 14 days before the hearing, and the applicant may respond both in writing and at the hearing.
4
The complainant is not liable for any costs incurred by the certificated person in responding to the complaint, unless paragraph (5) applies.
5
The court may order the complainant to pay such costs as it considers reasonable if it is satisfied that the complaint—
a
discloses no reasonable grounds for considering that the certificated person is not a fit person to hold a certificate; and
b
amounts to an abuse of the court’s process.
Pt. 84 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)