Statutory Instrument 1994 No. 3046


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STATUTORY INSTRUMENTS

1994 No. 3046

MENTAL HEALTH THE COURT OF PROTECTION RULES 1994

Made 29th November 1994
Laid before Parliament 1st December 1994
Coming into force 22nd December 1994


ARRANGEMENT OF RULES

PART I
PRELIMINARY
1.  Citation and commencement.
2.  Interpretation.
3.  Exercise of court's functions.
4.  Computation of time.
5.  Power to vary time.
PART II
FUNCTIONS OF THE PUBLIC TRUSTEE
6.  Functions of the Public Trustee.
PART III
EXERCISE OF JURISDICTION
7.  Exercise of jurisdiction.
PART IV
APPLICATIONS
8.  Forms of application.
9.  Procedure for short order or direction without appointment of receiver.
10.  Date for hearing.
11.  Consolidation of proceedings.
12.  Power to direct application by the Public Trustee or Official Solicitor.
13.  Power of Public Trustee to make application to the court or exercise functions of his own motion.
14.  Representation of patient by receiver.
15.  Representation of patient by Official Solicitor.
16.  Persons under disability.
17.  Application under section 54 of the Trustee Act 1925.
18.  Application under section 36(9) of the Trustee Act 1925.
19.  Application under section 96(1)(k) of the Act.
20.  Application for settlement or gift of patient's property or for execution of will for patient.
PART V
SERVICE
21.  Notice of hearing.
22.  Mode of service.
23.  Service on solicitor.
24.  Substituted service.
25.  Service on person under disability.
26.  Notification of application for appointment of receiver, etc.
27.  Notification to next of kin etc. of intention to make application for appointment of receiver.
28.  Certificate of service or notification.
PART VI
EVIDENCE
29.  Affidavit evidence.
30.  Unsworn evidence.
31.  Written questions to Visitors.
32.  Cross-examination of deponent.
33.  Administration of oaths.
34.  Filing of written evidence.
35.  Use of evidence in subsequent proceedings.
36.  Evidence to be filed on a first application for receiver, etc.
37.  Evidence of patient's recovery or death.
38.  Proof of amount due to public authority.
PART VII
HEARING OF PROCEEDINGS
39.  Privacy of applications.
40.  Persons attending hearing.
41.  Representation at hearing.
42.  Reference of proceedings to judge.
43.  Reference of proceedings to Master.
PART VIII
RECEIVERS
44.  Interim provision.
45.  Remuneration of receiver.
46.  Appointment of receivers with survivorship.
PART IX
ENTRY AND ENFORCEMENT OF ORDERS
47.  Sealing and filing of orders.
48.  Entry of orders after notification to patient.
49.  Enforcement of orders.
PART X
SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS
50.  Summoning of witnesses.
51.  Powers of court where undue delay, etc.
52.  Order for examination of patient.
PART XI
AMENDMENT
53.  Amendment of application.
54.  Clerical mistakes and slips.
55.  Endorsement of amendment.
PART XII
REVIEWS AND APPEALS
56.  Review of decision not made on a hearing.
57.  Appeal from decision made on a hearing.
PART XIII
SECURITY
58.  Receiver to give security.
59.  Manner of giving security.
60.  Lodgment of security.
61.  Discharge of security where new security given.
62.  Maintenance of security by bond.
PART XIV
ACCOUNTS
63.  Passing of accounts.
64.  Application of balance due from receiver.
65.  Default by receiver.
66.  Payment of maintenance and costs.
67.  Final accounts.
68.  Accounting by other persons.
PART XV
INQUIRIES
69.  Inquiries as to desirability of appointment of receiver, etc.
70.  Inspection of patient's property.
71.  Inquiries as to prior dealing with patient's property.
72.  Inquiries as to testamentary documents executed by patient.
73.  Power to direct other inquiries.
PART XVI
CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY
74.  Statement of property retained or deposited.
75.  Stock in name of patient or receiver.
76.  Disposal of property on patient's recovery or death.
PART XVII
COPIES OF DOCUMENTS
77.  Copies of documents in court.
PART XVIII
FEES
78.  Appendix of fees.
79.  Commencement fee.
80.  Administration fee.
81.  Transaction fee.
82.  Fee on taxation.
83.  Receivership fees.
84.  Winding up fee.
85.  Treatment of structured payments, annuities etc.
86.  Remission, postponement and exemption.
PART XIX
COSTS
87.  Costs generally.
88.  Applications under sections 36(9) and 54 of the Trustee Act 1925.
89.  Supreme Court costs rules to apply.
90.  Costs of unnecessary employment of a solicitor, etc. not to be allowed.
91.  Costs of Official Solicitor.
92.  Ascertainment of costs not relating to the proceedings.
PART XX
APPROVAL OF DEEDS
93.  Approval of deeds.
PART XXI
TRANSITIONAL PROVISIONS
94.  Transitional provisions.
PART XXII
REVOCATION
95.  Revocation of previous Rules.

  Schedule  —Forms.

  Appendix. 

 

Explanatory Note


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