Citation, commencement and interpretation

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

(2) In these Rules references to a rule by number alone mean the rule so numbered in, and references to a Schedule by number alone mean the Schedule so numbered to, the Court of Protection (Enduring Powers of Attorney) Rules 2001( 2 ).

Amendments to Court of Protection (Enduring Powers of Attorney) Rules 2001

2. In rule 26

(a) in paragraph (4) after “repayment of a loan by, the donor)” insert “in excess of £10,000.00”;

(b) after paragraph (4) insert—

“ (4A) 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.

(4B) Where it appears to the court that any fee under item 4 of Schedule 2 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 (5) substitute—

“ (5) (a) The fee payable in accordance with Item 4 of Schedule 2, or in a special case the standard fee, shall be taken upon the making of the application for the direction approving the transaction; and

(b) subject to paragraph (5A), in a special case, the additional fee shall be taken upon the court fixing a date for a hearing under rule 10.

(5A) In a special case, where a hearing is cancelled, the additional fee referred to in paragraph (5)(b) 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 (5)(b) if it subsequently fixes another date for the hearing). ”

3. —(1) Schedule 2 shall be amended in accordance with the following paragraphs.

(2) In column 2 of item 1, for “£220.00” there shall be substituted “£120.00”.

(3) In column 2 of item 3, for “£110.00” there shall be substituted “£100.00”.

(4) In column 1 of item 4, omit “, or, as the case may be, on the making of,”.

(5) For column 2 of item 4, substitute—

“ £100.00, or, in a special case—

(a) a standard fee of —

(i) £100.00 or

(ii) in a case to which rule 26(4) applies, £360.00; and

(b) an additional fee of £500.00.provided that no fee under this item shall be taken if the property is worth less than £100.00. ”

Transitional provision

4. Where in a special case an 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 2 and 3(4) and (5) of these Rules had not been made.