http://www.legislation.gov.uk/uksi/2001/824/contents/made

The Court of Protection Rules 2001

Mental health

Mental disorders and illness

Hearings

King's Printer of Acts of Parliament

2018-01-31

MENTAL HEALTH, ENGLAND AND WALES

These Rules replace the Court of Protection Rules 1994 (as amended). They regulate the procedure in respect of applications made under the Mental Health Act 1983.

The Court of Protection Rules 2001

rule 9

The Court of Protection (Amendment) Rules 2002

rule 3

The Court of Protection Rules 2001

rule 24

The Court of Protection (Amendment) Rules 2002

rule 4

The Court of Protection Rules 2001

rule 29

The Court of Protection (Amendment) Rules 2002

rule 5

The Court of Protection Rules 2001

rule 43

The Court of Protection (Amendment) Rules 2002

rule 6

The Court of Protection Rules 2001

rule 46

The Court of Protection (Amendment) Rules 2002

rule 7

The Court of Protection Rules 2001

rule 76

The Court of Protection (Amendment) Rules 2002

rule 8

The Court of Protection Rules 2001

rule 77

The Court of Protection (Amendment) Rules 2002

rule 9

The Court of Protection Rules 2001

rule 77A

The Court of Protection (Amendment) Rules 2002

rules 10

16(1)

The Court of Protection Rules 2001

rule 78

The Court of Protection (Amendment) Rules 2002

rule 11

The Court of Protection Rules 2001

rule 79

The Court of Protection (Amendment) Rules 2002

rules 12

16(2)

The Court of Protection Rules 2001

rule 81

The Court of Protection (Amendment) Rules 2002

rule 13

The Court of Protection Rules 2001

rule 86

The Court of Protection (Amendment) Rules 2002

rule 14

The Court of Protection Rules 2001

Appx para 1 Table

The Court of Protection (Amendment) Rules 2002

rule 15(1)

(2)

The Court of Protection Rules 2001

Appx para 1A Table

The Court of Protection (Amendment) Rules 2002

rule 15(1)

(3)

The Court of Protection Rules 2001

Appx paras 34 Table

The Court of Protection (Amendment) Rules 2002

rule 15(1)(4)–(8)

The Court of Protection Rules 2001

Appx paras 56 Table

The Court of Protection (Amendment) Rules 2002

rule 15(1)

(9)

The Court of Protection Rules 2001

Appx para 7 Table

The Court of Protection (Amendment) Rules 2002

rule 15(1)

(10)

The Court of Protection Rules 2001

rule 2 defn(s)

The Court of Protection (Amendment) Rules 2001

rule 2(a)

The Court of Protection Rules 2001

rule 2 defn(s)

The Court of Protection (Amendment) Rules 2001

rule 2(b)

The Court of Protection Rules 2001

rule 8

The Court of Protection (Amendment) Rules 2001

rule 3

The Court of Protection Rules 2001

rule 12

The Court of Protection (Amendment) Rules 2001

rule 4

The Court of Protection Rules 2001

rule 24

The Court of Protection (Amendment) Rules 2001

rule 5

The Court of Protection Rules 2001

rules 26

The Court of Protection (Amendment) Rules 2001

rules 6

The Court of Protection Rules 2001

rule 44

The Court of Protection (Amendment) Rules 2001

rule 8

The Court of Protection Rules 2001

rule 46

The Court of Protection (Amendment) Rules 2001

rule 9

The Court of Protection Rules 2001

rule 54

The Court of Protection (Amendment) Rules 2001

rule 10

The Court of Protection Rules 2001

rule 65

The Court of Protection (Amendment) Rules 2001

rule 11

The Court of Protection Rules 2001

rule 71

The Court of Protection (Amendment) Rules 2001

rule 12(a)

The Court of Protection Rules 2001

rule 71

The Court of Protection (Amendment) Rules 2001

rule 12(b)

The Court of Protection Rules 2001

rules 73

The Court of Protection (Amendment) Rules 2001

rules 13

The Court of Protection Rules 2001

rule 65

The Court of Protection (Amendment) Rules 2004

rule 3(a)

The Court of Protection Rules 2001

rule 65

The Court of Protection (Amendment) Rules 2004

rule 3(b)

The Court of Protection Rules 2001

rule 66

The Court of Protection (Amendment) Rules 2004

rule 4

The Court of Protection Rules 2001

rule 76

The Court of Protection (Amendment) Rules 2004

rule 5

The Court of Protection Rules 2001

rule 78

The Court of Protection (Amendment) Rules 2004

rule 6(a)

The Court of Protection Rules 2001

rule 78

The Court of Protection (Amendment) Rules 2004

rule 6(b)

The Court of Protection Rules 2001

rule 78A

The Court of Protection (Amendment) Rules 2004

rule 7

The Court of Protection Rules 2001

Arrangement

The Court of Protection (Amendment) Rules 2004

rule 2

The Court of Protection Rules 2001

rule 80A

The Court of Protection (Amendment) Rules 2004

rules 8

11(4)

(5)

The Court of Protection Rules 2001

rule 84

The Court of Protection (Amendment) Rules 2004

rule 9

The Court of Protection Rules 2001

Appx

The Court of Protection (Amendment) Rules 2004

rules 1011(1)–(3)

The Court of Protection Rules 2001

rule 73(2)(a)

The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004

Sch.

para. 28(a)

art. 3;Sch. para. 1

art. 1

The Court of Protection Rules 2001

rule 73(2)(a)

The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004

Sch.

para. 28(b)

art. 3;Sch. para. 1

art. 1

The Court of Protection Rules 2001

Arrangement

The Court of Protection (Amendment) Rules 2005

rule 2(a)

The Court of Protection Rules 2001

Arrangement

The Court of Protection (Amendment) Rules 2005

rule 2(b)

The Court of Protection Rules 2001

rule 24

The Court of Protection (Amendment) Rules 2005

rule 3

The Court of Protection Rules 2001

rule 58

The Court of Protection (Amendment) Rules 2005

rule 4

The Court of Protection Rules 2001

rule 78

The Court of Protection (Amendment) Rules 2005

rule 5

The Court of Protection Rules 2001

rule 78B

The Court of Protection (Amendment) Rules 2005

rule 6

The Court of Protection Rules 2001

rule 79

The Court of Protection (Amendment) Rules 2005

rules 7(a)–(c) 10

The Court of Protection Rules 2001

rule 79

The Court of Protection (Amendment) Rules 2005

rule 7(d)

The Court of Protection Rules 2001

rule 82

The Court of Protection (Amendment) Rules 2005

rule 8

The Court of Protection Rules 2001

Appx

The Court of Protection (Amendment) Rules 2005

rules 9(1)

rules 9(7)

rules 9(9)

The Court of Protection Rules 2001

Appx

The Court of Protection (Amendment) Rules 2005

rules 9(1)

rules 9(8)

The Court of Protection Rules 2001

Appx

The Court of Protection (Amendment) Rules 2005

rule 9(1)–(6) (10)–(17)

The Court of Protection Rules 2001

rule 2(1)

The Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006

Sch. 1

para. 61

art. 1

The Court of Protection Rules 2001

rule 78

The Court of Protection (Amendment) Rules 2006

rule 3

The Court of Protection Rules 2001

rule 82

The Court of Protection (Amendment) Rules 2006

rule 6

The Court of Protection Rules 2001

appendix

The Court of Protection (Amendment) Rules 2006

rule 2

The Court of Protection Rules 2001

rule 78

The Public Guardian (Fees, etc) Regulations 2007

reg 11

The Court of Protection Rules 2001

Rules

The Court of Protection Rules 2007

rule 2

rule 1

The Court of Protection Rules 2001

Appx

paras 1

The Court of Protection (Amendment) Rules 2003

rule 2

The Court of Protection Rules 2001

PART IPRELIMINARY

1Title and Commencement

2Interpretation

3Exercise of the court’s functions

4Computation of time

5Power to vary time

PART IIEXERCISE OF JURISDICTION

6Exercise of jurisdiction

PART IIIAPPLICATIONS

7Forms of application

8Procedure for short order or direction without appointment of a receiver

9Date for hearing

10Consolidation of Proceedings

11Power to direct applications by officer of the court or Official Solicitor

12Representation of patient by receiver

13Representation of patient by the Official Solicitor

14Persons under a disability

15Application under section 54 of the Trustee Act 1925

16Application under section 36(9) of the Trustee Act 1925

17Application under section 96(1)(k) of the Act

18Application for settlement or gift of patient’s property or for execution of will of patient

PART IVSERVICE

19Notice of hearing

20Mode of service

21Service on solicitor

22Substituted service

23Service on person under a disability

24Notification of application for appointment of receiver, etc

25Notification to next of kin etc. of intention to make application for appointment of receiver

26Certificate of service or notification

PART VEVIDENCE

27Affidavit evidence

28Unsworn evidence

29Written questions to Visitors

30Cross-examination of deponent

31Administration of oaths

32Filing of written evidence

33Use of evidence in subsequent proceedings

34Evidence to be filed on a first application for receiver, etc

35Evidence of patient’s recovery or death and inquiry by court as to whether patient has recovered

36Proof of amount due to public authority

PART VIHEARING OF PROCEEDINGS

37Privacy of applications

38Persons attending the hearing

39Representation at hearing

40Reference of proceedings to judge

41Reference of proceedings to Master

PART VIIRECEIVERS

42Interim provision

43Remuneration of receiver

44Appointment of receivers with survivorship

PART VIIIENTRY AND ENFORCEMENT OF ORDERS

45Sealing and filing of orders

46Entry of order after notification to a patient

47Enforcement of orders

PART IXSUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS

48Summoning of witnesses

49Powers of court where undue delay, etc

50Order for examination of patient

PART XAMENDMENT

51Amendment of application

52Clerical mistakes and slips

53Endorsement of amendment

PART XIREVIEWS AND APPEALS

54Review of decision not made on an attended hearing

55Appeal from a decision made on an attended hearing

PART XIISECURITY

56Receiver to give security

57Manner of giving security

58Lodgement of security

59Discharge of security where new security given

60Maintenance of security by bond

PART XIIIACCOUNTS

61Passing of accounts

62Application of balance due from receiver

63Default by receiver

64Payment of maintenance and costs

65Final accounts

66Accounting by other persons

PART XIVINQUIRIES

67Inquiries as to desirability of appointment of receiver, etc

68Inspection of a patient’s property

69Inquiries as to prior dealing with the patient’s property

70Inquiries as to testamentary documents executed by patient

71Power to direct other inquiries

PART XVCUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY

72Statement of property retained or deposited

73Stock in name of patient or receiver

74Disposal of property on patient’s recovery or death

PART XVICOPIES OF DOCUMENTS

75Copies of documents in court

80Fee on detailed assessment of costs

81Receivership fees

82Winding up fee

83Remission and postponement

PART XIIICOSTS

84Costs generally

85Applications under sections 36(9) and 54 of the Trustee Act 1925

86Civil Procedure rules to apply

87Costs of unnecessary employment of solicitor, etc not to be allowed

88Costs of Official Solicitor

89Ascertainment of costs not relating to the proceedings

PART XIXAPPROVAL OF DEEDS

90Approval of deeds

PART XXTRANSITIONAL PROVISIONS

91Transitional provisions

PART XXIREVOCATION

92Revocation of previous rules

APPENDIXCOURT OF PROTECTION FEES

2001 No. 824

MENTAL HEALTH, ENGLAND AND WALES

The Court of Protection Rules 2001

Made6th March 2001

Laid before Parliament9th March 2001

Coming into force1st April 2001

The Lord Chancellor, in exercise of the powers conferred on him by sections 106, 107 and 108 of the Mental Health Act 19831 and section 54 of the Trustee Act 19252 and with the consent of the Treasury so far as is required by section 106(5) of the said Act of 1983, hereby makes the following Rules:-