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Mental Capacity Act 2005

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Fees and costsE+W

54FeesE+W

(1)The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by the court.

(2)An order under this section may in particular contain provision as to—

(a)scales or rates of fees;

(b)exemptions from and reductions in fees;

(c)remission of fees in whole or in part.

(3)Before making an order under this section, the Lord Chancellor must consult—

(a)the President of the Court of Protection,

(b)the Vice-President of the Court of Protection, and

(c)the Senior Judge of the Court of Protection.

(4)The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them.

(5)Fees payable under this section are recoverable summarily as a civil debt.

55CostsE+W

(1)Subject to Court of Protection Rules, the costs of and incidental to all proceedings in the court are in its discretion.

(2)The rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.

(3)The court has full power to determine by whom and to what extent the costs are to be paid.

(4)The court may, in any proceedings—

(a)disallow, or

(b)order the legal or other representatives concerned to meet,

the whole of any wasted costs or such part of them as may be determined in accordance with the rules.

(5)Legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf.

(6)Wasted costs” means any costs incurred by a party—

(a)as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or

(b)which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

56Fees and costs: supplementaryE+W

(1)Court of Protection Rules may make provision—

(a)as to the way in which, and funds from which, fees and costs are to be paid;

(b)for charging fees and costs upon the estate of the person to whom the proceedings relate;

(c)for the payment of fees and costs within a specified time of the death of the person to whom the proceedings relate or the conclusion of the proceedings.

(2)A charge on the estate of a person created by virtue of subsection (1)(b) does not cause any interest of the person in any property to fail or determine or to be prevented from recommencing.

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