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Statutory Instruments

2007 No. 1744 (L. 12)

mental capacity, england and wales

The Court of Protection Rules 2007

Made

25th June 2007

Laid before Parliament

4th July 2007

Coming into force

1st October 2007

Contents

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Title and commencement

    2. 2. Revocations

  2. PART 2

    THE OVERRIDING OBJECTIVE

    1. 3. The overriding objective

    2. 4. The duty of the parties

    3. 5. Court’s duty to manage cases

  3. PART 3

    INTERPRETATION AND GENERAL PROVISIONS

    1. 6. Interpretation

    2. 7. Court officers

    3. 8. Computation of time

    4. 9. Application of the Civil Procedure Rules

  4. PART 4

    COURT DOCUMENTS

    1. 10. Documents used in court proceedings

    2. 11. Documents required to be verified by a statement of truth

    3. 12. Failure to verify a document

    4. 13. Failure to verify a witness statement

    5. 14. False statements

    6. 15. Personal details

    7. 16. Supply of documents to a party from court records

    8. 17. Supply of documents to a non-party from court records

    9. 18. Subsequent use of court documents

    10. 19. Editing information in court documents

    11. 20. Public Guardian to be supplied with court documents relevant to supervision of deputies

    12. 21. Provision of court order to Public Guardian

    13. 22. Amendment of application

    14. 23. Clerical mistakes or slips

    15. 24. Endorsement of amendment

  5. PART 5

    GENERAL CASE MANAGEMENT POWERS

    1. 25. The court’s general powers of case management

    2. 26. Court’s power to dispense with requirement of any rule

    3. 27. Exercise of powers on the court’s own initiative

    4. 28. General power of the court to rectify matters where there has been an error of procedure

  6. PART 6

    SERVICE OF DOCUMENTS

    1. Service generally

      1. 29. Scope

      2. 30. Who is to serve

      3. 31. Methods of service

      4. 32. Service of documents on children and protected parties

      5. 33. Service of documents on P if he becomes a party

      6. 34. Substituted service

      7. 35. Deemed service

      8. 36. Certificate of service

      9. 37. Certificate of non-service

      10. 38. Power of court to dispense with service

    2. Service out of the jurisdiction

      1. 39. Application of Family Procedure (Adoption) Rules 2005

  7. PART 7

    NOTIFYING P

    1. General requirement to notify P

      1. 40. General

      2. 41. Who is to notify P

    2. Circumstances in which P must be notified

      1. 42. Application forms

      2. 43. Appeals

      3. 44. Final orders

      4. 45. Other matters

    3. Manner of notification, and accompanying documents

      1. 46. Manner of notification

      2. 47. Acknowledgment of notification

      3. 48. Certificate of notification

      4. 49. Dispensing with requirement to notify, etc

  8. PART 8

    PERMISSION

    1. 50. General

    2. 51. Where the court’s permission is not required

    3. 52. Exceptions to rule 51(2)(a)

    4. 53. Permission - supplementary

    5. 54. Application for permission

    6. 55. What the court will do when an application for permission to start proceedings is filed

    7. 56. Persons to be notified of the hearing of an application for permission

    8. 57. Acknowledgment of notification of permission application

    9. 58. Failure to file acknowledgment of notification

    10. 59. Service of an order giving or refusing permission

    11. 60. Appeal against a permission decision following a hearing

  9. PART 9

    HOW TO START PROCEEDINGS

    1. Initial steps

      1. 61. General

      2. 62. When proceedings are started

      3. 63. Contents of the application form

      4. 64. Documents to be filed with the application form

      5. 65. What the court will do when an application form is filed

    2. Steps following issue of application form

      1. 66. Applicant to serve the application form on named respondents

      2. 67. Applications relating to lasting powers of attorney

      3. 68. Applications relating to enduring powers of attorney

      4. 69. Applicant to notify P of an application

      5. 70. Applicant to notify other persons of an application

      6. 71. Requirements for certain applications

    3. Responding to an application

      1. 72. Responding to an application

    4. The parties to the proceedings

      1. 73. Parties to the proceedings

      2. 74. Persons to be bound as if parties

      3. 75. Application to be joined as a party

      4. 76. Applications for removal as a party to proceedings

  10. PART 10

    APPLICATIONS WITHIN PROCEEDINGS

    1. 77. Types of applications for which the Part 10 procedure may be used

    2. 78. Application notice to be filed

    3. 79. What an application notice must include

    4. 80. Service of an application notice

    5. 81. Applications without notice

    6. Interim Remedies

      1. 82. Orders for interim remedies

  11. PART 11

    HUMAN RIGHTS

    1. 83. General

  12. PART 12

    DEALING WITH APPLICATIONS

    1. 84. Dealing with the application

    2. 85. Directions

    3. Allocation of proceedings

      1. 86. Court’s jurisdiction in certain kinds of case to be exercised by certain judges

    4. Disputing the jurisdiction of the court

      1. 87. Procedure for disputing the court’s jurisdiction

    5. Participation in hearings

      1. 88. Participation in hearings

    6. Reconsideration of court orders

      1. 89. Orders made without a hearing or without notice to any person

  13. PART 13

    HEARINGS

    1. Private hearings

      1. 90. General rule – hearing to be in private

      2. 91. Court’s general power to authorise publication of information about proceedings

    2. Power to order a public hearing

      1. 92. Court’s power to order that a hearing be held in public

    3. Supplementary

      1. 93. Supplementary provisions relating to public or private hearings

  14. PART 14

    ADMISSIONS, EVIDENCE AND DEPOSITIONS

    1. Admissions

      1. 94. Making an admission

    2. Evidence

      1. 95. Power of court to control evidence

      2. 96. Evidence of witnesses – general rule

      3. 97. Written evidence – general rule

      4. 98. Evidence by video link or other means

      5. 99. Service of witness statements for use at final hearing

      6. 100. Form of witness statement

      7. 101. Witness summaries

      8. 102. Affidavit evidence

      9. 103. Form of affidavit

      10. 104. Affidavit made outside the jurisdiction

      11. 105. Notarial acts and instruments

      12. 106. Summoning of witnesses

      13. 107. Power of court to direct a party to provide information

    3. Depositions

      1. 108. Evidence by deposition

      2. 109. Conduct of examination

      3. 110. Fees and expenses of examiners of the court

      4. 111. Examiners of the court

      5. 112. Enforcing attendance of a witness

      6. 113. Use of deposition at a hearing

    4. Taking evidence outside the jurisdiction

      1. 114. Interpretation

      2. 115. Where a person to be examined is in another Regulation State

      3. 116. Where a person to be examined is out of the jurisdiction – letter of request

    5. Section 49 reports

      1. 117. Reports under section 49 of the Act

      2. 118. Written questions to person making a report under section 49

  15. PART 15

    EXPERTS

    1. 119. References to expert

    2. 120. Restriction on filing an expert’s report

    3. 121. Duty to restrict expert evidence

    4. 122. Experts – overriding duty to the court

    5. 123. Court’s power to restrict expert evidence

    6. 124. General requirement for expert evidence to be given in a written report

    7. 125. Written questions to experts

    8. 126. Contents of expert’s report

    9. 127. Use by one party of expert’s report disclosed by another

    10. 128. Discussions between experts

    11. 129. Expert’s right to ask court for directions

    12. 130. Court’s power to direct that evidence is to be given by a single joint expert

    13. 131. Instructions to a single joint expert

  16. PART 16

    DISCLOSURE

    1. 132. Meaning of disclosure

    2. 133. General or specific disclosure

    3. 134. Procedure for general or specific disclosure

    4. 135. Ongoing duty of disclosure

    5. 136. Right to inspect documents

    6. 137. Inspection and copying of documents

    7. 138. Claim to withhold inspection or disclosure of document

    8. 139. Consequence of failure to disclose documents or permit inspection

  17. PART 17

    LITIGATION FRIEND

    1. 140. Who may act as a litigation friend

    2. 141. Requirement for a litigation friend

    3. 142. Litigation friend without a court order

    4. 143. Litigation friend by court order

    5. 144. Court’s power to prevent a person from acting as litigation friend or to order change

    6. 145. Appointment of litigation friend by court order – supplementary

    7. 146. Procedure where appointment of litigation friend comes to an end – for a child or protected party

    8. 147. Procedure where appointment of litigation friend comes to an end – for P

    9. 148. Procedure where P ceases to lack capacity

    10. 149. Practice direction in relation to litigation friends

  18. PART 18

    CHANGE OF SOLICITOR

    1. 150. Change of solicitor

    2. 151. LSC funded clients

    3. 152. Order that a solicitor has ceased to act

    4. 153. Removal of solicitor who has ceased to act on application of another party

    5. 154. Practice direction relating to change of solicitor

  19. PART 19

    COSTS

    1. 155. Interpretation

    2. 156. Property and affairs – the general rule

    3. 157. Personal welfare – the general rule

    4. 158. Apportioning costs – the general rule

    5. 159. Departing from the general rule

    6. 160. Rules about costs in the Civil Procedure Rules to apply

    7. 161. Detailed assessment of costs

    8. 162. Employment of a solicitor by two or more persons

    9. 163. Costs of the Official Solicitor

    10. 164. Procedure for assessing costs

    11. 165. Costs following P’s death

    12. 166. Costs orders in favour of or against non-parties

    13. 167. Remuneration of a deputy, donee or attorney

    14. 168. Practice direction as to costs

  20. PART 20

    APPEALS

    1. 169. Scope of this Part

    2. 170. Interpretation

    3. 171. Dealing with appeals

    4. 172. Permission to appeal

    5. 173. Matters to be taken into account when considering an application for permission

    6. 174. Parties to comply with the practice direction

    7. 175. Appellant’s notice

    8. 176. Respondent’s notice

    9. 177. Variation of time

    10. 178. Power of appeal judge on appeal

    11. 179. Determination of appeals

    12. 180. Allocation

    13. Appeals to the Court of Appeal

      1. 181. Appeals against decision of a puisne judge of the High Court, etc

      2. 182. Second appeals

  21. PART 21

    ENFORCEMENT

    1. 183. Enforcement methods – general

    2. 184. Application of the Civil Procedure Rules 1998 and RSC Orders

    3. Orders for committal

      1. 185. Contempt of court – generally

      2. 186. Application for order of committal

      3. 187. Oral evidence

      4. 188. Hearing for committal order

      5. 189. Power to suspend execution of committal order

      6. 190. Warrant for arrest

      7. 191. Discharge of person committed

      8. 192. Penal notices

      9. 193. Saving for other powers

      10. 194. Power of court to commit on its own initiative

  22. PART 22

    TRANSITORY AND TRANSITIONAL PROVISIONS

    1. 195. Transitory provision: applications by former receivers

    2. 196. Transitory provision: dealing with applications under rule 195

    3. 197. Appeal against a decision of a nominated officer

    4. 198. Application of Rules to proceedings within paragraphs 3 and 12 of Schedule 5 to the Act

    5. 199. Practice direction

  23. PART 23

    MISCELLANEOUS

    1. 200. Order or directions requiring a person to give security for discharge of functions

    2. 201. Objections to registration of an enduring power of attorney: request for directions

    3. 202. Disposal of property where P ceases to lack capacity

Go to Explanatory Note

The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice) with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by sections 49(5), 50(2), 51, 53(2) and (4), 55, 56 and 65(1) of the Mental Capacity Act 2005(1), and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005(2).

(1)

2005 c.9, as amended by article 2 of, and paragraphs 30 and 34 of Schedule 1 to, the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 2) Order 2006 (S.I. 2006/1016). Back [1]

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