The Court of Protection Rules 2001

Transaction fee

79.—(1) A transaction fee shall be payable in respect of any order or direction or, as the case may be, any application for an order or direction to be made in exercise of the specific powers conferred by—

(a) paragraphs (d), (e), (h) or (k) of section 96(1) of the Act;

(b) section 100 of the Act;

(c) sections 36(9) and 54 of the Trustee Act 1925; and

(d) section 1(3) of the Variation of Trusts Act 1958(1).

(2) A transaction fee shall be payable in respect of an application for authorisation of a person under section 20 of the Trusts of Land and Appointment of Trustees Act 1996(2).

(3) In a special case, the standard fee payable in accordance with the Appendix shall be increased in accordance with the Appendix where there is readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the patient (otherwise than by way of a loan to, or repayment of a loan by, the patient), no account being taken of the possible capitalisation of the value of rents or interests or other income payments.

(4) Where a transaction is to be approved under an order or direction mentioned in paragraph (1), or authorisation is to be given as mentioned in paragraph (2), the fee shall be taken—

(a) in a special case, upon the approval of the transaction;

(b) otherwise, upon the making of the application for the order, direction or authorisation

and the court shall issue a certificate stating the amount payable.

(5) A transaction fee as specified in paragraph 3(4) of the Appendix shall be payable on application for the appointment of a new receiver.

(6) A transaction fee as specified in paragraph 3(5) of the Appendix shall be payable upon the making of the application for an order or direction to be made in exercise of the specific powers conferred by paragraph (b) of section 96(1) of the Act, offering or authorising the sale of any land as defined in the Law of Property Act 1925(3).

(7) Except where the court otherwise directs, no fee shall be payable under this rule upon the sale or purchase of personal chattels or any investment for the time being authorised by law for the investment of trust property or in securities quoted on any stock exchange in the United Kingdom.

(8) In this rule—

(a) “special case” means an order made by the court under paragraphs (d) or (h) of the Act or under section 1(3) of the Variation of Trusts Act 1958; and

(b) references to an application for an order or direction include (without limitation) an application for an order or direction made at the same time as a first application for the appointment of a receiver or other originating process.

(1)

1958 c. 53.

(2)

1996 c. 47.

(3)

1925 c. 20. The definition of “land” in section 205(1)(x) was amended by Schedule 4 to the Trusts of Land and Appointment of Trustees Act 1996.