Statutory Instrument 2001 No. 2977

The Court of Protection (Amendment) Rules 2001

---

© Crown Copyright 2001

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Court of Protection (Amendment) Rules 2001, ISBN 0 11 029903 5. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

     3. In rule 8(1)(a), for "£10,000" there shall be substituted "£16,000".

     4. In rule 12(1), for "(c), (d) and (e)" there shall be substituted "(c), (d), (e) and (f)".

     5. For rule 24(1) there shall be substituted - 

    " (1) In the following paragraphs of this rule, "relevant application" means an application for any order, direction or certificate exercising the court's jurisdiction in respect of a patient, including an application for the appointment of a receiver.

    (1A) Subject to paragraph (1B), where a relevant application is made, the applicant, or such other person as the court may direct, shall give notice to the patient in accordance with paragraphs (1D) to (1F).

    (1B) Subject to paragraph (1C), paragraph (1A) shall not apply where a relevant application ("the previous relevant application") has already been made in respect of the same patient, unless there has been any finding by the court since the previous relevant application was made that the patient is capable of managing and administering his property and affairs.

    (1C) Paragraph (1A) shall in any case apply where the relevant application referred to in that paragraph is a first application for the appointment of a receiver.

    (1D) Notice under paragraph (1A) shall consist of notice - 


(a) that an application has been made;

(b) of the effect, if made, of - 


(i) the appointment of a receiver, in the case of a first application for appointment of a receiver; or

(ii) such other order, direction or certificate as may have been applied for;



(c) of the identity of the applicant and, if different, that of any proposed receiver;

(d) of any hearing fixed by the court; and

(e) of such other information as the court may direct.



    (1E) Notice under paragraph (1A) shall be given to the patient personally.

    (1F) Where the court has fixed a hearing, the time limits set out in rule 19(5) shall apply to the giving of notice under paragraph (1A).".

     6.  - (1) For rule 26(1) there shall be substituted - 

    " (1) A certificate of service shall be filed as soon as practicable after service of a document has been effected in accordance with these Rules - 


(a) in the case of notice given under rule 24(1A), unless the court directs otherwise;

(b) otherwise, if the court so directs.



    (1A) A certificate of service under paragraph (1) shall show where, when, how and by whom service was effected and, in relation to a notice given under rule 24(1A), shall also contain a certificate as to whether or not the patient appeared, to the person giving it, to understand the notice.".

    (2) In rule 26(2), for "paragraph (1)" there shall be substituted "paragraphs (1) and (1A)" and for "that paragraph" there shall be substituted "those paragraphs".

    (3) After rule 26(2) there shall be inserted - 

    " (3) References in paragraphs (1) and (1A) to notice given under rule 24(1A) shall be taken not to include such notice when it is given to a parent, guardian or person with parental responsibility in accordance with rule 24(2).".

     7. In rule 27(2)(a), for the words "of, or above, the rank of higher executive officer" there shall be substituted "so authorised by the Master".

     8. In rule 44, after "the court" and before "when appointing them receivers" there shall be inserted "may".

     9. In rule 46(1)(b), before "rule 8" there shall be inserted "is made".

     10. In rule 54(4), after "application for review may" there shall be inserted ", within fourteen days of the date on which the order was made or decision given,".

     11. In rule 65(4), after "deal with" there shall be inserted "it".

12. In rule 71 - 

(a) "or he" shall be deleted; and

(b) for "of these rules" there shall be substituted "or these Rules".

     13. In rule 73(2), after "Where an order" there shall be inserted "is".

     14. In rule 74(4), for "to him" there shall be substituted "to it".


Irvine of Lairg,
C

Dated 25th August 2001

[2] S.I. 2001/824.back