| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/187 |
| Year | 2017 |
2017 No. 187 (L. 3)
Mental Capacity, England And Wales
The Court of Protection (Amendment) Rules 2017
Made 20th February 2017
Laid before Parliament 23th February 2017
Coming into force 6th April 2017
The President of the Family Division (the judicial office holder nominated by the Lord Chief Justice), being President of the Court of Protection, makes the following Rules in exercise of the powers conferred by section 51 of the Mental Capacity Act 20051, and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 20052:
Citation, commencement and interpretation
1. These Rules may be cited as the Court of Protection (Amendment) Rules 2017.
These Rules come into force on 6th April 2017.
2. These Rules come into force on 6th April 2017.
3. In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Court of Protection Rules 20073.
Amendments to the Court of Protection Rules 2007
4. The Court of Protection Rules 2007 are amended in accordance with rules 5 to 7 of these Rules.
Amendment to rule 6
5. In rule 6 (interpretation), after the definition of “child” insert—
““civil restraint order” means an order restraining a party—
(a) from making any further applications in current proceedings (a limited civil restraint order);
(b) from making certain applications in the Court of Protection (an extended civil restraint order); or
(c) from making any application in the Court of Protection (a general civil restraint order).”
New rule after rule 202
6. After rule 202, insert—
“Power of the court to make civil restraint orders
203.—(1) If the court, whether or not on its own initiative, dismisses an application (including an application for permission) and considers that the application is totally without merit—
(a)
(a) the court’s order must record that fact; and
(b)
(b) the court must at the same time consider whether it is appropriate to make a civil restraint order.
(2) Practice Direction 23C sets out—
(a)
(a) the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;
(b)
(b) the procedure where a party applies for a civil restraint order against another party; and
(c)
(c) the consequences of the court making a civil restraint order.”.
New Part after Part 23
7. After Part 23, insert Part 24 as set out in the Schedule to these Rules.
Sir James Munby, P
President of the Family Division
Phillip Lee
Parliamentary Under Secretary of State
Ministry of Justice
20th February 2017
SCHEDULE
Rule 7
SCHEDULE
“PART 24
INTERNATIONAL PROTECTION OF ADULTS
Applications in connection with Schedule 3 to the Act – general
This Part applies to applications made in connection with Schedule 3 to the Act.
A practice direction may make additional or supplementary provision in respect of any of the matters in this Part.
Inte...
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