Citation, commencement and interpretation

1. —(1) These Rules may be cited as the Court of Protection (Amendment) Rules 2005 and shall come into force on 1st April 2005.

(2) In these Rules a reference to a rule by number alone means the rule so numbered in the Court of Protection Rules 2001( 2 ) and a reference to the Appendix means the Appendix to those Rules.

Amendments to the Court of Protection Rules 2001

2. In the Arrangement of Rules—

(a) omit the entry for rule 58, and

(b) after the entry relating to rule 78A, insert—

“ 78B Estate account fee ” .

3. In rule 24—

(a) in paragraph (1C) at the end insert “except where the court is of the opinion, on the application, that it is necessary to appoint an interim receiver for the patient under rule 42(1)(b)”.

4. Omit rule 58.

5. For rule 78(1), substitute—

“ (1) Subject to paragraph (1A), an administration fee shall be payable—

(a) on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings;

(b) on the court making an order or direction authorising an officer of the court or some other suitable person named in the order or direction to deal with a patient’s property or affairs under rule 8 and on every subsequent anniversary of that date, until the termination of the proceedings; and

(c) at such other times either during the proceedings or at their termination as the court may direct, and

where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.

(1A) Where the proceedings are terminated less than six months from the date of the order or direction referred to in paragraph 1(b) authorising an officer of the court or some other suitable person named in the order or direction to deal with a patient’s property or affairs under rule 8, the fee payable under that paragraph shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable. ”

6. After rule 78A, insert—

“ Estate account fee

78B An estate account fee as specified in paragraph 2B of the Appendix shall be payable upon the approval of an estate account by the court, when the patient has—

(a) an absolute interest; or

(b) a life interest

in a residuary estate under the terms of a will, partial intestacy or intestacy. ”

7. In rule 79—

(a) in paragraph (3) after “repayment of a loan by, the patient)” insert “in excess of £10,000.00”;

(b) after paragraph (3) insert—

“ (3A) In a special case, the value of any readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the donor (otherwise than by a loan to, or repayment of a loan by, the donor), no account being taken of the possible capitalisation of the value of rents or interests or other income payments, shall be set out in the application for the direction.

(3B) Where it appears to the court that any fee under paragraph 3(1)(i) or (ii) of the Appendix has been incorrectly assessed upon the making of the application, the court may direct that the fee is to be adjusted as it appears to it to be convenient. ”

(c) for paragraph (4) substitute—

“ (4) Where on any application for approval of a transaction mentioned in paragraph (1), or authorisation as mentioned in paragraph (2)—

(a) the fee, or in a special case the standard fee, shall be taken upon the making of the application for the order, direction or authorisation; and

(b) subject to paragraph (4A), in a special case, the additional fee shall be taken upon the court fixing a date for a hearing under rule 9.

(4A) In a special case, where a hearing is cancelled, the additional fee payable in accordance with the Appendix shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable (but the court may take a fee in accordance with paragraph (4)(b) if it subsequently fixes another date for the hearing). ”

(d) after paragraph (6) insert—

“ (6A) Where the proceedings are terminated before an order or direction under paragraph (6) is entered, the fee payable under that paragraph—

(a) if paid, shall be refunded; or

(b) if not paid, shall cease to be payable.

(6B) A transaction fee as specified in paragraph 3(6) of the Appendix shall be payable upon the making of an application for an order or direction to be made in exercise of the powers conferred by paragraph (a) or (b) of section 96(1) of the Act, authorising a person to manage and let a patient’s property ”

8. —(1) For rule 82 substitute—

“ 82. In cases where a receiver has been appointed, a winding up fee shall be payable—

(a) on the death of a patient; and

(b) on every subsequent anniversary of that date,

until the court passes the final account of the receiver or directs that the final account may be dispensed with. ”

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

(2) In column 2 of paragraph 1 for “£230.00”, substitute “£240.00”.

(3) In column 2 of paragraph 1A for “£300.00”, substitute “£315.00”.

(4) For paragraph 2, substitute—

(5) In column 2 of paragraph 2A for “£95.00”, substitute “£100.00”.

(6) After paragraph 2A, insert—

(7) In column 1 of paragraph 3(1) omit “(or, as the case may be, on any approval given by the court under an order)”.

(8) For column 2 of paragraph 3(1)(i) and (ii), substitute—

“ (a) A standard fee of—

(i) £100.00 or

(ii) in a case to which rule 79(3) applies, £360.00; and

(b) an additional fee as referred to in rule 79(4)(b) of £500.00. ”

(9) In column 1 of paragraph 3(1) omit “and no such fee shall exceed £1,000.00”.

(10) In column 2 of paragraphs 3(1)(iv), (v), (vi) and 3(2), for “£125.00”, wherever it occurs, substitute “£130.00”.

(11) In column 2 of paragraph 3(3) for “£520.00”, substitute “£540.00”.

(12) In column 2 of paragraph 3(4) for “£190.00”, substitute “£200.00”.

(13) In column 2 of paragraph 3(5) for “£160.00”, substitute “£170.00”.

(14) After paragraph 3(5), insert—

(15) In column 2 of paragraph 4B for “£500.00”, substitute “£520.00”.

(16) In column 2 of paragraph 4C for “£3,500.00”, substitute “£4,500.00”.

(17) For paragraph 7, substitute—

Transitional provision

10. Where in a special case the application for the order, direction or authorisation was received by the court before 1st April 2005 the 2001 Rules shall have effect as if rules 7(a), (b) and (c) and 9(7), (8) and (9) of these Rules had not been made.