Court of Protection Rules 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/824 |
| Year | 2001 |
2001 No. 824
MENTAL HEALTH, ENGLAND AND WALES
The Court of Protection Rules 2001
Made 6th March 2001
Laid before Parliament 9th March 2001
Coming into force 1st April 2001
The Lord Chancellor, in exercise of the powers conferred on him by sections 106, 107 and 108 of the Mental Health Act 19831and section 54 of the Trustee Act 19252and with the consent of the Treasury so far as is required by section 106(5) of the said Act of 1983, hereby makes the following Rules:-
PART I
PRELIMINARY
Title and Commencement
1. These Rules may be cited as the Court of Protection Rules 2001 and shall come into force on 1st April 2001.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires—
expressions used in the Supreme Court Act 19813 shall have the same meanings as they have for the purposes of that Act;
“the Act” means the Mental Health Act 1983;
“attended hearing” means a hearing where one or more of the parties to the proceedings have been invited to attend the court for the determination of the application;
“court” means the Court of Protection;
“direction” means a direction or authority given under the seal of the court;
“entered” means entered in the books of the court;
“filed” mean filed in the court office;
“function” means any power, discretion or function conferred by the Act;
“hearing” means an attended or unattended hearing;
“judge” means the Lord Chancellor or a nominated judge;
“Master” means the Master of the Court of Protection;
“medical certificate” means a certificate by a registered medical practitioner that a patient is incapable, by reason of mental disorder, of managing and administering his property and affairs;
“order” includes a certificate, direction or authority of the court under seal;
“patient” includes a person who is alleged to be or who the court has reason to believe may be incapable by reason of mental disorder of managing and administering his property and affairs;
“receiver” means a receiver appointed under section 99(1) of the Act;
“seal” means an official seal of the Court and “sealed” shall be construed accordingly;
“stock” includes shares in any fund, annuity or security transferable in the books kept by any body corporate or unincorporated company or society, or by an instrument of transfer either alone or accompanied by other formalities and includes any dividends paid in respect of them;
“Visitor” means one of the Lord Chancellor’s Visitors
(2) In these Rules—
(a)
(a) any reference to a numbered rule is a reference to the rule of these Rules so numbered in these Rules;
(b)
(b) any reference in a rule to a numbered paragraph is a reference to the paragraph so numbered in the rule in which the reference occurs;
(c)
(c) a form referred to by letter alone means the form so designated in the Schedule to these Rules or a form to the same effect with such variations as the circumstances may require or the court may approve and in all cases shall include a Welsh translation of the form.
Exercise of the court’s functions
3. Where any function (in whatever words) is expressed by these Rules to be exercisable by the court then, subject to the provisions of the Act, that function may be exercised—
(a) by a judge;
(b) by the Master;
(c) to the extent to which he is authorised to exercise it under section 94 of the Act, by any nominated officer.
Computation of time
4.—(1) Where a period of time fixed by these Rules or by any order or direction of the court for doing an act expires on a day on which the court office for doing that act is closed and for that reason the act cannot be done on that day, the act shall be done in time if done on the next day on which that office is open.
(2) Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3) Where any period of time as mentioned in paragraph (1) is less than six days, any day on which the court office is closed shall not be included in that computation.
Power to vary time
5. The court may extend or abridge the time limited by these Rules or any order or direction of the court for doing any act or taking any proceedings upon such terms as the court thinks fit and notwithstanding, in the case of an extension, that the time so limited has expired.
PART II
EXERCISE OF JURISDICTION
Exercise of jurisdiction
6. Except where these Rules otherwise provide, any function may be exercised—
(a) without fixing an appointment for a hearing;
(b) by the court of its own motion or at the instance or on the application of any person interested;
(c) whether or not any proceedings have been commenced in the court with respect to the patient.
PART III
APPLICATIONS
Forms of application
7.—(1) Subject to paragraph (3), a first application to the court for the appointment of a receiver shall state the name and address of the applicant and the proposed receiver and their relationship (if any) to the patient in such manner as the court shall direct and an application to the court respecting the exercise of any of its other jurisdiction in relation to a patient, may be made by letter unless the court otherwise directs that it should be formal, in which case it shall be made in Form A.
(2) An application for the appointment of a receiver shall be treated as an application for the appointment as receiver of the person named in the application or some other suitable person.
(3) On grounds of urgency the court may dispense with the need for an application in writing.
(4) An application relating to the committal of a person for contempt of court shall be made to a judge but all other applications to the court shall be made in the first instance to the Master.
Procedure for short order or direction without appointment of a receiver
8.—(1) Without prejudice to the generality of Rule 6, if it appears to the court that—
(a)
(a) the property of the patient does not exceed £10,000 in value; or
(b)
(b) it is otherwise appropriate to proceed under this rule,
and that it is not necessary to appoint a receiver for a patient, the court may make a short order or direction under this rule whether or not the application was made for the appointment of a receiver for the patient.
(3) A short order or direction under this rule is an order or direction directing an officer of the court or some other suitable person named in the order or direction to deal with the patient’s property (or any part of it), or with his affairs, in any manner authorised by the Act and specified in the order or direction.
Date for hearing
9.—(1) Upon receiving an application under rule 7 the court shall fix a date for the hearing of the application unless it considers that the application can properly be dealt with without a hearing, and on this ground the court may cancel any hearing fixed under this paragraph.
(2) Where a hearing is fixed under paragraph (1) an officer shall notify the applicant, by letter, of the date and time of the hearing.
Consolidation of Proceedings
10. The court may allow one application to be made in respect of two or more patients or may consolidate an application relating to two or more patients, if in its opinion the proceedings relating to them can be more conveniently dealt with together.
Power to direct applications by officer of the court or Official Solicitor
11. Where, in the opinion of the court, an application ought to be made for the appointment or discharge of a receiver or for a direction with regard to the exercise of any other function with respect to the property and affairs of a patient, and there appears to be no other suitable person able and willing to make the application, or the court for any other reason thinks fit, the court may direct that the application be made by an officer of the court or, if he consents, the Official Solicitor.
Representation of patient by receiver
12.—(1) Except as mentioned in rule 18 (c), (d) and (e), an application on behalf of a patient for whom a receiver has been appointed shall, unless the court otherwise directs, be made by a receiver in his own name.
(2) Subject to any directions given by the court, a patient for whom a reciever has been appointed may be represented by the receiver at any hearing relating to the patient or of which the patient has been given notice.
Representation of patient by the Official Solicitor
13. Where, in any proceedings, the court considers that the interests of the patient are not adequately represented, the court may, with the consent of the Official Solicitor, direct that the Official Solicitor shall act as a solicitor for the patient either generally in the proceedings or for any particular purpose connected with the proceedings, except that it shall not be necessary to appoint the Official Solicitor to be receiver or guardian ad litem for the patient.
Persons under a disability
14.—(1) In this rule, “person under a disability” means a minor or a patient for whom no receiver has been appointed.
(2) A person under a disability shall not make an application in proceedings relating to another person except by his next friend and shall not resist an application in any such proceedings except by his guardian ad litem.
(3) Where a person is to be appointed next friend or guardian ad litem of a person under a disability in substitution for the person previously acting as next friend or guardian ad litem, the appointment...
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