The Court of Protection Rules 2001

  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Title and Commencement

    2. 2.Interpretation

    3. 3.Exercise of the court’s functions

    4. 4.Computation of time

    5. 5.Power to vary time

  3. PART II EXERCISE OF JURISDICTION

    1. 6.Exercise of jurisdiction

  4. PART III APPLICATIONS

    1. 7.Forms of application

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

    3. 9.Date for hearing

    4. 10.Consolidation of Proceedings

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

    6. 12.Representation of patient by receiver

    7. 13.Representation of patient by the Official Solicitor

    8. 14.Persons under a disability

    9. 15.Application under section 54 of the Trustee Act 1925

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

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

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

  5. PART IV SERVICE

    1. 19.Notice of hearing

    2. 20.Mode of service

    3. 21.Service on solicitor

    4. 22.Substituted service

    5. 23.Service on person under a disability

    6. 24.Notification of application for appointment of receiver, etc

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

    8. 26.Certificate of service or notification

  6. PART V EVIDENCE

    1. 27.Affidavit evidence

    2. 28.Unsworn evidence

    3. 29.Written questions to Visitors

    4. 30.Cross-examination of deponent

    5. 31.Administration of oaths

    6. 32.Filing of written evidence

    7. 33.Use of evidence in subsequent proceedings

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

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

    10. 36.Proof of amount due to public authority

  7. PART VI HEARING OF PROCEEDINGS

    1. 37.Privacy of applications

    2. 38.Persons attending the hearing

    3. 39.Representation at hearing

    4. 40.Reference of proceedings to judge

    5. 41.Reference of proceedings to Master

  8. PART VII RECEIVERS

    1. 42.Interim provision

    2. 43.Remuneration of receiver

    3. 44.Appointment of receivers with survivorship

  9. PART VIII ENTRY AND ENFORCEMENT OF ORDERS

    1. 45.Sealing and filing of orders

    2. 46.Entry of order after notification to a patient

    3. 47.Enforcement of orders

  10. PART IX SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS

    1. 48.Summoning of witnesses

    2. 49.Powers of court where undue delay, etc

    3. 50.Order for examination of patient

  11. PART X AMENDMENT

    1. 51.Amendment of application

    2. 52.Clerical mistakes and slips

    3. 53.Endorsement of amendment

  12. PART XI REVIEWS AND APPEALS

    1. 54.Review of decision not made on an attended hearing

    2. 55.Appeal from a decision made on an attended hearing

  13. PART XII SECURITY

    1. 56.Receiver to give security

    2. 57.Manner of giving security

    3. 58.Lodgement of security

    4. 59.Discharge of security where new security given

    5. 60.Maintenance of security by bond

  14. PART XIII ACCOUNTS

    1. 61.Passing of accounts

    2. 62.Application of balance due from receiver

    3. 63.Default by receiver

    4. 64.Payment of maintenance and costs

    5. 65.Final accounts

    6. 66.Accounting by other persons

  15. PART XIV INQUIRIES

    1. 67.Inquiries as to desirability of appointment of receiver, etc

    2. 68.Inspection of a patient’s property

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

    4. 70.Inquiries as to testamentary documents executed by patient

    5. 71.Power to direct other inquiries

  16. PART XV CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY

    1. 72.Statement of property retained or deposited

    2. 73.Stock in name of patient or receiver

    3. 74.Disposal of property on patient’s recovery or death

  17. PART XVI COPIES OF DOCUMENTS

    1. 75.Copies of documents in court

  18. PART XVII FEES

    1. 76.Appendix of fees

    2. 77.Commencement fee

    3. 78.Administration fee

    4. 79.Transaction fee

    5. 80.Fee on detailed assessment of costs

    6. 81.Receivership fees

    7. 82.Winding up fee

    8. 83.Remission and postponement

  19. PART XIII COSTS

    1. 84.Costs generally

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

    3. 86.Civil Procedure rules to apply

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

    5. 88.Costs of Official Solicitor

    6. 89.Ascertainment of costs not relating to the proceedings

  20. PART XIX APPROVAL OF DEEDS

    1. 90.Approval of deeds

  21. PART XX TRANSITIONAL PROVISIONS

    1. 91.Transitional provisions

  22. PART XXI REVOCATION

    1. 92.Revocation of previous rules

  23. Signature

    1. APPENDIX

      COURT OF PROTECTION FEES

  25. Explanatory Note