The Court of Protection (Enduring Powers of Attorney) Rules 2001

PART I Preliminary

Title and commencement

1.  These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) Rules 2001 and shall come into force on 1st April 2001.

Application

2.  Subject to the provisions of these Rules, the Court of Protection Rules 2001(1) shall apply to the proceedings under the Enduring Powers of Attorney Act 1985(2).

Interpretation

3.—(1) In these Rules, unless the context otherwise requires—

• expressions used in the Supreme Court Act 1981(3) shall have the same meanings as they have in that Act;

• “the Act” means the Enduring Powers of Attorney Act 1985;

• “the 1983 Act” means the Mental Health Act 1983;

• “the 2001 Rules” means the Court of Protection Rules 2001;

• “applicant” includes an objector;

• “application” includes an objection;

• “attended hearing” means a hearing where one or more of the parties to the proceedings have been invited to attend the court for the determination of the application;

• “the court” means the Court of Protection;

• “direction” means a direction or authority given under the seal of the court;

• “enduring power of attorney” shall be construed in accordance with section 2 of the Act;

• “entered” means entered in the register of enduring powers of attorney kept by the court;

• “filed” means filed in the court office;

• “hearing” means an attended or unattended hearing;

• “judge” means the Lord Chancellor or a judge nominated under section 93(1) of the 1983 Act;

• “Master” means the Master of the Court of Protection;

• “nominated officer” means an officer of the court nominated under section 93(4) of the 1983 Act;

• “order” means an order of the court under seal and includes a certificate, direction or authority of the court under seal;

• “relative” means one of the persons referred to as relatives and entitled to receive notice under the provisions of paragraphs 1 and 2 of Schedule 1 to the Act;

• “seal” means an official seal of the court and “sealed” shall be construed accordingly.

(2) In these Rules—

(a) any reference to a numbered rule or to a numbered Schedule is a reference to the rule of, or the Schedule to, these Rules so numbered in these Rules;

(b) any reference in a rule to a numbered paragraph is a reference to the paragraph so numbered in the rule in which the reference occurs; and

(c) a form referred to by a letter alone means the form so designated in Schedule 1 or a form to the same effect with such variations as the circumstances may require and the court may approve and in both cases shall include a Welsh translation of the form.

Exercise of court’s functions

4.  Where any discretion, power or function is (in whatever words) expressed by these Rules to be exercisable by the court then, subject to the provisions of the Act, that discretion, power or other function may be exercised—

(a) by a judge;

(b) by the Master;

(c) to the extent to which he is authorised to exercise it under section 94 of the 1983 Act, by a nominated officer.

Computation of time

5.—(1) Where a period of time fixed by the Act or by these Rules or by a judgment, order or direction for doing any act expires on a day on which the court office is closed and for that reason cannot be done on that day, the act shall be done in time if done on the next day on which the office is open.

(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

(3) Where any period of time, fixed as mentioned in paragraph (1), is three days or less, any day on which the court office is closed shall not be included in the computation of that period.

(1)

S.I. 2001/824.

(2)

1985 c. 29.

(3)

1981 c. 54.