The Court of Protection (Amendment) Rules 2003

Statutory Instruments

2003 No. 1733

MENTAL HEALTH, ENGLAND AND WALES

The Court of Protection (Amendment) Rules 2003

Made

10th July 2003

Laid before Parliament

11th July 2003

Coming into force

1st August 2003

The Lord Chancellor, in exercise of the powers conferred upon him by sections 106 and 108 of the Mental Health Act 1983(1), makes the following Rules:

1.  These Rules may be cited as the Court of Protection (Amendment) Rules 2003 and shall come into force on 1st August 2003.

2.  Column 2 of the Appendix to the Court of Protection Rules 2001(2) is amended as follows—

(a) in paragraph 1, for “£65” substitute “£70”;

(b) in paragraph 1A, for “£500” substitute “£515”;

(c) in paragraph 2, for “£205” substitute “£220”;

(d) in each of paragraphs 3(1)(iv), (v) and (vi), for “£115” substitute “£120”;

(e) in paragraph 3(2), for “£115” substitute “£120”;

(f) in paragraph 3(3), for “£490” substitute “£505”;

(g) in paragraph 3(4), for “£180” substitute “£185”; and

(h) in paragraph 3(5), for “£150” substitute “£155”.

Falconer of Thoroton, C

Dated 8th July 2003

We consent

Jim Murphy

Joan Ryan

Two of the Lord’s Commissioners of Her Majesty’s Treasury

Dated 10th July 2003

Explanatory Note

(This note is not part of the Rules)

These Rules increase various fees payable under the Court of Protection Rules 2001 (S.I. 2001/824) as follows—

Fees	Old Fee	New Fee
Commencement fee (rule 77)	£65	£70
Receivership appointment fee (rule 77A)	£500	£515
Administration fee (rule 78)	£205	£220
Transaction fees (rule 79): applications for orders etc under—
Mental Health Act 1983, s.96(1)(k) (exercise of powers)	£115	£120
Trustee Act 1925, s.54 (trusts)	£115	£120
Trusts of Land and Appointment of Trustees Act 1996, s.20 (authorisation of person to act as trustee)	£115	£120
Trustee Act 1925, s.36(9) (appointment of trustees)	£115	£120
Mental Health Act 1983, s.96(1)(e) (execution of will)	£490	£505
Application for the appointment of a new receiver	£180	£185
Application for an order or direction under s.96(1)(b) or (c) of the Act ordering or authorising the sale or purchase of any land	£150	£155

(1)

1983 c. 20.

(2)

S.I. 2001/824, amended by S.I. 2002/833.