The Court of Protection (Amendment) Rules 2000

Explanatory Note

(This note is not part of the Rules)

These rules amend the Court of Protection Rules (“1994 Rules”) in relation to fees. The principal amendments are summarised below.

(1) The commencement fee payable under rule 79 of the 1994 Rules is increased from £200 to £230, and the reference in rule 79 to “other originating process (i.e. other than a first application for appointment of a receiver)” is reinstated.

(2) The annual administration fee payable under rule 80 of the 1994 Rules, in cases where the Public Trustee is not acting as receiver, is changed to a flat fee of £205. The annual administration fee was previously charged according to the patient’s clear annual income, on a scale ranging from a fee of £100 for an income up to £2,000, to £1,750 for an income over £25,000.

(3) Changes are made to transaction fees payable under rule 81 of the 1994 Rules:

(a) except in the special cases defined in rule 81(5) of the 1994 Rules, transaction fees are payable upon application for an order or direction, instead of on the making of the order or direction.

(b) the following fees are increased from £50 to £110:

(i) in relation to the exercise of powers vested in a patient, under section 96(1)(k) of the Mental Health Act 1983;

(ii) in relation to an order under section 54 of the Trustee Act 1925, under the Court of Protection’s concurrent jurisdiction with the High Court; and

(iii) in relation to an order approving the appointment of trustees under section 36(9) of the Trustee Act 1925;

(c) the fee in relation to an order or authority under section 96(1)(e) of the Mental Health Act 1983 (execution of will) is increased from £100 to £475;

(d) the following new transaction fees are payable:

(i) application for appointment of a new receiver—£175;

(ii) application for order or direction ordering or authorising sale of land—£145;

(iii) application for approval of a person to be appointed as trustee under section 20 of the Trusts of Land and Appointment of Trustees Act 1996—£110.

(4) A flat annual fee of £1,750 is payable under rule 83(2) of the 1994 Rules, in cases where the Public Trustee is acting as receiver. The annual fee was previously charged according to the patient’s clear annual income, on a scale ranging from a fee of £200 for an income up to £2,000, to £4,600 for a income over £25,000.

(5) The winding up fee payable under rule 84 of the 1994 Rules is—

(a) increased, in cases where the Public Trustee is acting as receiver, from £300 to £1,015;

(b) extended to cases where the Public Trustee is not acting as receiver, in which case a fee of £125 is payable.