The Court of Protection Fees Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/1745 |
2007 No. 1745 (L. 13)
mental capacity, ENGLAND AND WALES
The Court of Protection Fees Order 2007
Made 16th July 2007
Laid before Parliament 19th July 2007
Coming into force 1st October 2007
The Lord Chancellor makes this Order in exercise of the powers conferred by section 54(1) and (2) and 65(1) of the Mental Capacity Act 20051, with the consent of the Treasury and after consulting in accordance with section 54(3) of that Act:
Citation and commencement
1. This Order may be cited as the Court of Protection Fees Order 2007 and comes into force on 1 October 2007.
Interpretation
2. In this Order—
“the Act” means the Mental Capacity Act 2005;
“appellant” means the person who brings or seeks to bring an appeal;
“court” means the Court of Protection;
“P” means any person (other than a protected party) who lacks or, so far as consistent with the context, is alleged to lack capacity to make a decision or decisions in relation to any matter that is the subject of an application to the court and references to a person who lacks capacity are to be construed in accordance with the Act;
“protected party” means a party or an intended party (other than P or a child) who lacks capacity to conduct the proceedings;
“the Regulations” means the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 20072; and
“the Rules” means the Court of Protection Rules 20073.
Schedule of fees
3. The fees set out in the Schedule to this Order shall apply in accordance with the following provisions of this Order.
Application fee
4.—(1) An application fee shall be payable by the applicant on making an application under Part 9 of the Rules (how to start proceedings) in accordance with the following provisions of this article.
(2) Where permission to start proceedings is required under Part 8 of the Rules (permission), the fee prescribed by paragraph (1) shall be payable on making an application for permission.
(3) The fee prescribed by paragraph (1) shall not be payable where the application is made under—
(a)
(a) rule 67 of the Rules (applications relating to lasting powers of attorney) by—
(i) the donee of a lasting power of attorney, or
(ii) a person named in a statement made by the donor of a lasting power of attorney in accordance with paragraph 2(1)(c)(i) of Part 1 of Schedule 1 to the Act,
and is solely in respect of an objection to the registration of a lasting power of attorney; or
(b) rule 68 of the Rules (applications relating to enduring powers of attorney) by—
(i) a donor of an enduring power of attorney,
(ii) an attorney under an enduring power of attorney, or
(iii) a person listed in paragraph 6(1) of Part 3 of Schedule 4 to the Act,
and is solely in respect of an objection to the registration of an enduring power of attorney.
(4) The fee prescribed by paragraph (1) shall not be payable where the application is made by the Public Guardian.
(5) Where a fee has been paid under paragraph (1) it shall be refunded where P dies within five days of the application being filed.
Appeal fee
5.—(1) An appeal fee shall be payable by the appellant on the filing of an appellant’s notice under Part 20 of the Rules (appeals) in accordance with the following provisions of this article.
(2) The fee prescribed by paragraph (1) shall not be payable where the appeal is—
(a)
(a) brought by the Public Guardian; or
(b)
(b) an appeal against a decision of a nominated officer made under rule 197 of the Rules (appeal against a decision of a nominated officer).
(3) The fee prescribed by paragraph (1) shall be refunded where P dies within five days of the appellant’s notice being filed.
Hearing fees
6.—(1) A hearing fee shall be payable by the applicant where the court has—
(a)
(a) held a hearing in order to determine the case; and
(b)
(b) made a final order, declaration or decision.
(2) A hearing fee shall be payable by the appellant in relation to an appeal where the court has—
(a)
(a) held a hearing in order to determine the appeal; and
(b)
(b) made a final order, declaration or decision in relation to the appeal.
(3) The fees prescribed by paragraphs (1) and (2) shall not be payable where the hearing is in respect of an application or appeal brought by the Public Guardian.
(4) The fee prescribed by paragraph (2) shall not be payable where the hearing is in respect of an appeal against a decision of...
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