The Court of Protection Rules 2001

Interpretation

2.—(1) In these Rules, unless the context otherwise requires—

expressions used in the Supreme Court Act 1981(1) shall have the same meanings as they have for the purposes of that Act;

“the Act” means the Mental Health Act 1983;

“attended hearing” means a hearing where one or more of the parties to the proceedings have been invited to attend the court for the determination of the application;

“court” means the Court of Protection;

“direction” means a direction or authority given under the seal of the court;

“entered” means entered in the books of the court;

“filed” mean filed in the court office;

“function” means any power, discretion or function conferred by the Act;

“hearing” means an attended or unattended hearing;

“judge” means the Lord Chancellor or a nominated judge;

“Master” means the Master of the Court of Protection;

“medical certificate” means a certificate by a registered medical practitioner that a patient is incapable, by reason of mental disorder, of managing and administering his property and affairs;

“order” includes a certificate, direction or authority of the court under seal;

“patient” includes a person who is alleged to be or who the court has reason to believe may be incapable by reason of mental disorder of managing and administering his property and affairs;

“receiver” means a receiver appointed under section 99(1) of the Act;

“seal” means an official seal of the Court and “sealed” shall be construed accordingly;

“stock” includes shares in any fund, annuity or security transferable in the books kept by any body corporate or unincorporated company or society, or by an instrument of transfer either alone or accompanied by other formalities and includes any dividends paid in respect of them;

“Visitor” means one of the Lord Chancellor’s Visitors

(2) In these Rules—

(a) any reference to a numbered rule is a reference to the rule of these Rules so numbered in these Rules;

(b) any reference in a rule to a numbered paragraph is a reference to the paragraph so numbered in the rule in which the reference occurs;

(c) a form referred to by letter alone means the form so designated in the Schedule to these Rules or a form to the same effect with such variations as the circumstances may require or the court may approve and in all cases shall include a Welsh translation of the form.

(1)

1981 c. 5.