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183.—(1) The rules in this Part make provision for the enforcement of judgments and orders.
(2) The relevant practice direction may set out methods of enforcing judgments or orders.
(3) An application for an order for enforcement may be made on application by any person in accordance with Part 10.
184. The following provisions apply, as far as they are relevant and with such modifications as may be necessary, to the enforcement of orders made in proceedings under these Rules—
(a) Parts 70 (General Rules about Enforcement of Judgments and Orders), 71 (Orders to Obtain Information from Judgment Debtors), 72 (Third Party Debt Orders) and 73 (Charging Orders, Stop Orders and Stop Notices) of the Civil Procedure Rules 1998; and
(b) Orders 45 (Enforcement of Judgments and Orders: General), 46 (Writs of Execution: General) and 47 (Writs of Fieri Facias) of the Rules of the Supreme Court(18).
185. An application relating to the committal of a person for contempt of court shall be made to a judge and the power to punish for contempt may be exercised by an order of committal.
186.—(1) An application for an order of committal must be made by filing an application notice, stating the grounds of the application, and must be supported by an affidavit made in accordance with the relevant practice direction.
(2) Subject to paragraph (3), the application notice, a copy of the affidavit in support thereof and notice of the date of the hearing of the application must be served personally on the person sought to be committed.
(3) Without prejudice to its powers under Part 6, the court may dispense with service under this rule if it thinks it just to do so.
187. If on the hearing of the application the person sought to be committed expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.
188.—(1) Except where the court permits, no grounds shall be relied upon at the hearing except the grounds set out in the application notice.
(2) Notwithstanding rule 90(1) (general rule – hearing to be in private), when determining an application for committal the court will hold the hearing in public unless it directs otherwise.
(3) If the court hearing an application in private decides that a person has committed a contempt of court, it shall state publicly—
(a) the name of that person;
(b) in general terms the nature of the contempt in respect of which the order of committal is being made; and
(c) any punishment imposed.
(4) If the person sought to be committed does not attend the hearing, the court may fix a date and time for the person to be brought before the court.
189.—(1) A judge who has made an order of committal may direct that the execution of the order of committal shall be suspended for such period or on such terms and conditions as may be specified.
(2) Where an order is suspended under paragraph (1), the applicant for the order of committal must, unless the court otherwise directs, serve on the person against whom it was made a notice informing him of the making and terms of the direction under that paragraph.
190. A warrant for the arrest of a person against whom an order of committal has been made shall not, without further order of the court, be enforced more than 2 years after the date on which the warrant is issued.
191.—(1) The court may, on the application of any person committed to prison for contempt of court, discharge him.
(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver any thing to some other person or to deposit it in court or elsewhere, and a writ of sequestration has also been issued to enforce that judgment or order, then, if the thing is in the custody or power of the person committed, the commissioners appointed by the writ of sequestration may take possession of it as if it were the property of that person and, without prejudice to the generality of paragraph (1), the court may discharge the person committed and may give such directions for dealing with the thing taken by the commissioners as it thinks fit.
192.—(1) The court may direct that a penal notice is to be attached to any order warning the person on whom the copy of the order is served that disobeying the order would be a contempt of court punishable by imprisonment or a fine.
(2) Unless the court gives a direction under paragraph (1), a penal notice may not be attached to any order.
(3) A penal notice is to be in the following terms: “You must obey this order. If you do not, you may be sent to prison for contempt of court.”.
193. The rules in this Part do not limit the power of the court to make an order requiring a person guilty of contempt to pay a fine or give security for his good behaviour and those rules, so far as applicable, shall apply in relation to an application for such an order as they apply in relation to an application for an order of committal.
194. The preceding provisions of these Rules shall not be taken as affecting the power of the court to make an order for committal on its own initiative against a person guilty of contempt of court.
195.—(1) This rule and rule 196—
(a) apply in any case where a person becomes a deputy by virtue of paragraph 1(2) of Schedule 5 to the Act; but
(b) shall cease to have effect at the end of the period specified in the relevant practice direction.
(2) The deputy may make an application to the court in connection with—
(a) any decision in connection with the day-to-day management of P’s property and affairs; or
(b) any supplementary decision which is necessary to give full effect to any order made, or directions given, before 1st October 2007 under Part 7 of the Mental Health Act 1983(19).
(3) Decisions within paragraph (2) include those that may be specified in the relevant practice direction.
(4) An application—
(a) may relate only to a particular decision or decisions to be made on P’s behalf;
(b) must specify details of the decision or decisions to be made; and
(c) must be made using the application form set out in the relevant practice direction.
196.—(1) The court may, in determining an application under rule 195, treat the application as if it were an application to vary the functions of the deputy which is made in accordance with the relevant practice direction made under rule 71, and dispose of it accordingly.
(2) In any other case, an application under rule 195 may be determined by an order made or directions given by—
(a) the court; or
(b) a person nominated under paragraph (3).
(3) The Senior Judge or the President may nominate an officer or officers of the court for the purpose of determining applications under rule 195.
(4) Where an officer has been nominated under paragraph (3) to determine an application, he may refer to a judge any proceedings or any question arising in any proceedings which ought, in the officer’s opinion, to be considered by a judge.
197.—(1) This rule applies in relation to decisions made under rules 195 and 196 by a nominated officer.
(2) An appeal from a decision to which this rule applies lies to a judge of the court nominated by virtue of section 46(2)(e) of the Act.
(3) No permission is required for an appeal under paragraph (2).
(4) A judge determining an appeal under paragraph (2) has all the powers that an appeal judge on appeal has by virtue of rule 178.
(5) An appeal from a decision made under paragraph (2) (“a second appeal”) lies to a judge of the court nominated by virtue of section 46(2)(d) of the Act.
(6) A second appeal may be made from a decision of a nominated officer, and a judge to whom such an appeal is made may, if he considers the matter is one which ought to be heard by a judge of the court nominated by virtue of section 46(2)(a) to (c), transfer the matter to such a judge.
(7) An appeal from a decision made on a second appeal lies to the Court of Appeal.
198.—(1) In this rule, “pending proceedings” means proceedings on an application within paragraph 3 or 12 of Schedule 5 to the Act.
(2) A practice direction shall make provision for the extent to which these Rules shall apply to pending proceedings.
199. A practice direction may make additional or different provision in relation to transitory and transitional matters.
The Court of Protection Rules 2007