Giving a document to a child or a protected personI112
1
Where the intended recipient of a document is known to be a child who is not also a protected person, the document must be given to the child and—
a
one of the child's parents or guardians; or
b
if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.
2
Where the intended recipient of a document is known to be a protected person, the document must be given to the protected person and—
a
where the protected person is resident in England and Wales, to one of the following persons—
i
the attorney under a registered enduring power of attorney which relates to the protected person;
ii
the donee of a lasting power of attorney which relates to the protected person; or
iii
the deputy appointed in relation to the protected person by the Court of Protection;
b
where the protected person is resident in Northern Ireland, to one of the following persons—
i
the attorney under a registered enduring power of attorney which relates to the protected person;
ii
the controller appointed in relation to the protected person by the Office of Care and Protection;
c
where the protected person is resident in Scotland, to one of the following persons—
i
the continuing attorney under a continuing power of attorney which relates to the protected person;
ii
the welfare attorney under a welfare power of attorney which relates to the protected person;
iii
the person authorised under an intervention order in respect of the protected person;
iv
the person authorised under a guardianship order in respect of the protected person;
v
the person authorised under a withdrawal certificate in respect of the protected person; or
d
if in any case under sub-paragraph (a), (b) or (c) there is no such person, to an adult with whom the protected person resides or in whose care the protected person is.
3
Any reference in these Rules to a person to whom a document is to be given includes the person to be given documents on behalf of a child or protected person under paragraph (1) or (2).
4
The court may make an order permitting a document to be given to a child or protected person, or to a person other than the person specified in paragraph (1) or (2), and an application for such an order may be made without notice.
5
In this rule—
a
“child” means a person under 18 years; and
b
“protected person” means—
i
in relation to England and Wales, a person who lacks capacity (within the meaning of the Mental Capacity Act 2005 M1) to understand the nature of forfeiture proceedings;
ii
in relation to Northern Ireland, a person who is 16 years or over who lacks capacity to understand the nature of forfeiture proceedings because of an impairment of, or a disturbance in the functioning of, the mind or brain;
iii
in relation to Scotland, a person who is incapable, within the meaning of the Adults with Incapacity (Scotland) Act 2000 M2, of understanding the nature of forfeiture proceedings.