These Rules make various amendments to the Court of Protection Rules 2001 (SI 2001/824).1The
amounts of various fees are amended, as follows—FeesOld FeeNew FeeCommencement fee (rule
77)£230£240Receivership appointment fee (rule 77A)£300£315Account fee (rule 78A)£95£100Transaction fee (rule
79):Applications for orders etc under——Mental Health Act 1983, s96(1)(k) (exercise of
powers)£125£130—Trustee Act 1925, s54(trusts)£125£130—Trusts of Land and Appointment of Trustees Act 1996,
s20 (authorisation of person to act as trustee)£125£130—Trustee Act 1925, s36(9) (appointment of
trustees)£125£130—Mental Health Act 1983, section 96(1)(e) (execution of will)£520£540—Mental Health Act
1983, section 96(1)(b) (ordering or authorising the sale or purchase of any land)£160£170Application for the
appointment of a new receiver£190£200Where an officer of the court appointed receiver (rule 80(A):—on
completion of an Inland Revenue tax return£500£520—administration fee, where an officer of the court
appointed as receiver£3,500£4,500Winding up fee (rule 82):—on the death of a patient in cases where a
receiver has been appointed£275£290—where an officer of the court has been appointed as
receiver£850£8852Rule 24(1C) is amended to enable the court to dispense with service of a relevant
application where the court considers it necessary to appoint an interim receiver under rule 42(1)(b) (rule
3).3Rule 58 is omitted because it is now outdated following the introduction of the Court of Protection
Rules 2001 (rule 4).4Rule 78(1) is amended to introduce a new administration fee, payable on the making of a
short order, direction or authorisation under rule 8. The fee is set at £190.00 and is payable annually on
the anniversary of the appointment and may be apportioned where the proceedings are terminated part way
through a year (rule 5).5A new rule 78B is inserted providing for an estate account fee. This introduces
fees payable when the court approves an estate account if the patient has a life or an absolute interest in
a residuary estate under the terms of a will, partial intestacy or intestacy. This fee is set at £100.00
(rule 6).6A new paragraph (3A) is inserted into Rule 79 to provide that in any case where there is a readily
ascertainable pecuniary consideration (including those where the value of the readily ascertainable
pecuniary consideration is below £10,000.00) then that value shall be set out in the application (rule
7(b)).7A new paragraph (3B) is inserted into Rule 79 to enable the court to direct that a fee paid under
paragraph 3(1)(i) or (ii) of the Appendix which has been incorrectly assessed on making the application
shall be adjusted (rule 7(b)).8Rule 79 is amended to provide that a fee, or in a “special case” a standard
fee, is payable upon the making of the application for the order, direction or authorisation. Rule 79 is
also amended to introduce an additional fee for a “special case” payable upon the court fixing a date for a
hearing under rule 9 (rule 7(c)) (see amendments to Appendix below). This additional fee shall be refunded
or shall cease to be payable if the hearing is cancelled.9A new transaction fee is inserted into rule 79 by
rule 7(d). This introduces fees payable upon the making of an application to authorise a person to manage
and let a patient’s property. This fee is set at £170.00.10Rule 79 is amended so that transaction fees
payable on an application for an order or direction ordering or authorising the sale or purchase of any land
are refundable if already paid or are no longer payable if the proceedings are terminated before the order
for sale or purchase is entered. (rule 7(d)).11Rule 82 is amended introducing a new winding up fee payable
on the anniversary of the patient’s death until the court passes the final account of the receiver or
directs that the final account may be dispensed with (rule 8). This fee is set at £150.00.12The Appendix is
amended in various respects including——a new administration fee is inserted payable upon the making of short
orders or directions under rule 10. This fee is set at £190.00; and—for special cases flat fees are
introduced and are payable for transactions where the pecuniary consideration is up to and including
£10,000.00. This fee is set at £100.00. The fee payable for special cases for transactions where the
pecuniary consideration is greater than £10,000.00 is £360.00. The new fee (the additional fee) introduced
in relation to special cases and payable upon the court fixing a date for a hearing (referred to above) is
set at £500.00.13Rule 10 provides a transitional provision for fees payable in a special case under rule
79(4) and provides that where an application for an order, direction or authorisation is received before 1st
April 2005 in relation to a special case the previous fee structure shall be applied. This is because in the
higher value transactions the fees payable could be up to £1,500.00 as opposed to a maximum under the new
structure of £860.00.