Citation, commencement and interpretation

1. —(1) These Rules may be cited as the Court of Protection (Amendment) Rules 2002 and shall come into force on 17th April 2002.

(2) In these Rules unless the context requires otherwise references to a rule by number alone means the rule so numbered in, and references to the Appendix means the Appendix to, the Court of Protection Rules 2001( 2 ).

Amendments to Court of Protection Rules 2001

2. In the Arrangement of Rules—

(a) after the entry for rule 77 there shall be inserted—

“ 77A. Receivership appointment fee ” ; and

(b) the entry for rule 81 shall be omitted.

3. In rule 9, after paragraph (2), there shall be inserted—

“ (3) Where the court decides that the application can properly be dealt with without a hearing and a hearing is cancelled, an officer shall so notify the applicant by letter. ” .

4. —(1) In rule 24(1B), after “managing his property and affairs”, there shall be inserted “, or where an enduring power of attorney created by the patient has been registered, and the registration has not been cancelled”.

(2) After rule 24(1B) there shall be inserted—

“ (1BB) Subject to paragraph (1C), paragraph (1A) shall not apply to a relevant application where the court is of the opinion that it is necessary to make an immediate order directing or authorising any person to do any act or carry out any transaction an behalf of a patient, and directs that notice to the patient may be dispensed with. ” .

5. In rule 29(2), after “may put” there shall be inserted “them”.

6. —(1) For rule 43(1) there shall be substituted—

“ (1) Where a receiver is appointed for a patient, or where the court orders, directs or authorises any named person (“the named person”) to deal, with a patient’s property (or any of it) or affairs, including (but not limited to) by way of an order under rule 8, the court may, during the receivership or (as the case may be) the period for which the order, direction or authority remains in force, allow the receiver or (as the case may be) named person remuneration for his services at such amount or at such rate as it considers reasonable and proper, and any remuneration so allowed shall constitute a debt due to the receiver or (as the case may be) named person from the patient and his estate. ” .

(2) In rule 43(2)—

(a) after “by a receiver” there shall be inserted “or a named person”;

(b) after “during the receivership” there shall be inserted “or, as the case may be, the period for which the order, direction or authorisation remains in force,”; and

(c) after “the receiver’s discharge” there shall be inserted “, or (as the case may be) the date on which the order, direction or authorisation ceases to have effect”.

7. In rule 46(1)(b), for the words to and including “rule 8” there shall be substituted “an order or direction with respect to a patient’s property is made under rule 8”.

8. In rule 76(3), for “fee prescribed by rule 78” there shall be substituted “fees prescribed by rules 77A, 78, 79 and 82”.

9. In rule 77, after “appointment of a receiver” there shall be inserted “or other originating process”.

10. After rule 77 there shall be inserted—

“ Receivership appointment fee

77A. —(1) Subject to paragraph (2), an appointment fee shall be payable, as set out in paragraph 1A of the Appendix, upon the appointment of a receiver for a patient.

(2) Where the proceedings are terminated less than four weeks from the appointment of a receiver, the fee payable under paragraph (1) shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable. ” .

11. —(1) In rule 78(2)(c) before “made” there shall be inserted “to be”.

(2) In rule 78(4) before “amount of the fee” there shall be inserted “the”,

12. —(1) In rule 79(6)—

(a) after “paragraph (b)” there shall be inserted “or (c)”;

(b) for “offering” there shall be substituted “ordering”; and

(c) after “authorising the sale” there shall be inserted “or purchase”.

(2) In rule 79(8) after “paragraphs (d) or (h)” there shall be inserted “of section 96(1)”.

13. Rule 81 shall be omitted.

14. —(1) In rule 86(1), for “modification” there shall be substituted “modifications”.

(2) In rule 86(2)—

(a) in sub-paragraph (e), for “apply.” there, shall be substituted “apply;”

(b) after sub-paragraph (e) there shall be inserted—

“ (f) rule 44.7(a) of the 1998 Rules (summary assessment) does not apply where the patient is the paying party;

(g) rules 47.9(4), 47.10 and 47.11 of the 1998 Rules (default costs certificate) do not apply where the patient is the paying party. ” .

(3) After rule 86(2) there shall be inserted—

“ (3) Where the court orders costs to be assessed by way of detailed assessment, the detailed assessment proceedings shall take place in the High Court. ” .

15. —(1) The Appendix shall be amended in accordance with the following paragraphs of this rule.

(2) In paragraph 1—

(a) in column 1 after “appointment of a receiver” there shall be inserted “or other originating process”; and

(b) in column 2 for “£230.00” there shall be substituted “£65.00”.

(3) After paragraph 1 there shall he inserted—

(4) In column 2 of paragraph 3(1)(iv), (v) and (vi) and 3(2), for “£110.00”, wherever it occurs, there shall be substituted “£115.00”.

(5) In column 2 of paragraph 3(3), for “£475.00” there shall be substituted “£490.00”.

(6) In column 2 of paragraph 3(4), for “£175.00” there shall be substituted “£180.00”.

(7) In paragraph 3(5)—

(a) in column 1 after “section 96(1)(b)” there shall be inserted “or (c)” and after “authorising the sale” there shall be inserted “or purchase”.

(b) in column 2, for “£145.00” there shall be substituted “£150.00”.

(8) In column 2 of paragraph 4(1), for “£160.00” there shall be substituted “£165.00”.

(9) Paragraphs 5 and 6 shall be omitted.

(10) For paragraph 7 there shall be substituted—

Transitional provisions

16. —(1) Where, but for this paragraph, an appointment fee would be payable under rule 77A(1), no such fee shall be payable if the application for the appointment of a receiver was received by the court before 17th April 2002.

(2) Where—

(a) but for this paragraph, a transaction fee would be payable under rule 79(1);

(b) by virtue of rule 79(4)(a) that fee would be payable upon the approval of the transaction; and

(c) that fee would not be payable if these Rules had not been made

no such fee shall be payable if the application for such approval was received by the court before 17th April 2002.