Statutory Instruments
2009 No. 582 (L. 4)
Mental Capacity, England And Wales
The Court of Protection (Amendment) Rules 2009
Made
5th March 2009
Laid before Parliament
11th March 2009
Coming into force
1st April 2009
The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice), with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by sections 51 and 65(1) of the Mental Capacity Act 2005( 1 ) and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005( 2 ).
Citation and commencement
1. These Rules may be cited as the Court of Protection (Amendment) Rules 2009 and shall come into force on 1 st April 2009.
Amendments to the Court of Protection Rules 2007
2. The Court of Protection Rules 2007( 3 ) are amended in accordance with rules 3 to 5.
3. In rule 6, the definition of “P” is amended as follows—
(a) after “means”, insert “—(a)”; and
(b) after “court”, insert—
“ ; and
(b) a relevant person as defined by paragraph 7 of Schedule A1 to the Act , ” .
4. In rule 51, after paragraph (2) insert—
“ (2A) where an application is made under section 21A of the Act by the relevant person’s representative; ”
5. After Part 10 insert—
“ PART 10A DEPRIVATION OF LIBERTY
82A. The practice direction to this Part sets out procedure governing—
(a) applications to the court for orders relating to the deprivation, or proposed deprivation, of liberty of P; and
(b) proceedings (for example, relating to costs or appeals) connected with or consequent upon such applications. ”
Sir Mark Potter
27th February 2009
President
I agree
Signed on the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
5th March 2009