THE COURT OF PROTECTION RULES 1994

1. Introductory Text

2. PART I PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Exercise of court’s functions

   4. 4. Computation of time

   5. 5. Power to vary time

3. PART II FUNCTIONS OF THE PUBLIC TRUSTEE

   1. 6. Functions of the Public Trustee

4. PART III EXERCISE OF JURISDICTION

   1. 7. Exercise of jurisdiction

5. PART IV APPLICATIONS

   1. 8. Forms of application

   2. 9. Procedure for short order or direction without appointment of receiver

   3. 10. Date for hearing

   4. 11. Consolidation of proceedings

   5. 12. Power to direct application by the Public Trustee or Official Solicitor

   6. 13. Power of the Public Trustee to make applications to the court or exercise functions of his own motion

   7. 14. Representation of patient by receiver

   8. 15. Representation of patient by Official Solicitor

   9. 16. Persons under disability

   10. 17. Application under section 54 of the Trustee Act 1925

   11. 18. Application under section 36(9) of the Trustee Act 1925

   12. 19. Application under section 96(1)(k) of the Act

   13. 20. Application for settlement or gift of patient’s property or for execution of will of patient

6. PART V SERVICE

   1. 21. Notice of hearing

   2. 22. Mode of service

   3. 23. Service on solicitor

   4. 24. Substituted service

   5. 25. Service on person under disability

   6. 26. Notification of application for appointment of receiver, etc.

   7. 27. Notification to next of kin etc. of intention to make application for appointment of receiver

   8. 28. Certificate of service or notification

7. PART VI EVIDENCE

   1. 29. Affidavit evidence

   2. 30. Unsworn evidence

   3. 31. Written questions to Visitors

   4. 32. Cross-examination of deponent

   5. 33. Administration of oaths

   6. 34. Filing of written evidence

   7. 35. Use of evidence in subsequent proceedings

   8. 36. Evidence to be filed on a first application for receiver, etc

   9. 37. Evidence of patient’s recovery or death

   10. 38. Proof of amount due to public authority

8. PART VII HEARING OF PROCEEDINGS

   1. 39. Privacy of applications

   2. 40. Persons attending hearing

   3. 41. Representation at hearing

   4. 42. Reference of proceedings to judge

   5. 43. Reference of proceedings to Master

9. PART VIII RECEIVERS

   1. 44. Interim provision

   2. 45. Remuneration of receiver

   3. 46. Appointment of receivers with survivorship

10. PART IX ENTRY AND ENFORCEMENT OF ORDERS

    1. 47. Sealing and filing of orders

    2. 48. Entry of orders after notification to patient

    3. 49. Enforcement of orders

11. PART X SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS

    1. 50. Summoning of witnesses

    2. 51. Powers of court where undue delay, etc.

    3. 52. Order for examination of patient

12. PART XI AMENDMENT

    1. 53. Amendment of application

    2. 54. Clerical mistakes and slips

    3. 55. Endorsement of amendment

13. PART XII REVIEWS AND APPEALS Review of decision not made on a hearing

    1. 56. (1) Any person who is aggrieved by a decision of...

    2. 57. Appeal from a decision made on a hearing

14. PART XIII SECURITY

    1. 58. Receiver to give security

    2. 59. Manner of giving security

    3. 60. Lodgment of security

    4. 61. Discharge of security where new security given

    5. 62. Maintenance of security by bond

15. PART XIV ACCOUNTS

    1. 63. Passing of accounts

    2. 64. Application of balance due from receiver

    3. 65. Default by receiver

    4. 66. Payment of maintenance and costs

    5. 67. Final accounts

    6. 68. Accounting by other persons

16. PART XV INQUIRIES

    1. 69. Inquiries as to desirability of appointment of receiver, etc.

    2. 70. Inspection of patient’s property

    3. 71. Inquiries as to prior dealing with the patient’s property

    4. 72. Inquiries as to testamentary documents executed by patient

    5. 73. Power to direct other inquiries

17. PART XVI CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY

    1. 74. Statement of property retained or deposited

    2. 75. Stock in name of patient or receiver

    3. 76. Disposal of property on patient’s recovery or death

18. PART XVII COPIES OF DOCUMENTS

    1. 77. Copies of documents in court

19. PART XVIII FEES

    1. 78. Appendix of fees

    2. 79. Commencement fee

    3. 80. Administration fee

    4. 81. Transaction fee

    5. 82. Fee on taxation

    6. 83. Receivership fees

    7. 84. Winding up fee

    8. 85. Treatment of structured payments, annuities etc.

    9. 86. Remission, postponement and exemption

20. PART XIX COSTS

    1. 87. Costs generally

    2. 88. Applications under sections 36(9) and 54 of the Trustee Act 1925

    3. 89. Supreme Court costs rules to apply

    4. 90. Costs of unnecessary employment of solicitor, etc. not to be allowed

    5. 91. Costs of Official Solicitor

    6. 92. Ascertainment of costs not relating to the proceedings

21. PART XX APPROVAL OF DEEDS

    1. 93. Approval of deeds

22. PART XXI TRANSITIONAL PROVISIONS

    1. 94. Transitional provisions

23. PART XXII REVOCATION

    1. 95. Revocation of previous Rules

24. Signature

25. 1. SCHEDULE

       FORMS

       1. APPENDIX

          COURT OF PROTECTION FEES

26. Explanatory Note