The Court of Protection Rules 2001

PART XVII FEES

Appendix of fees

76.—(1) The Appendix to these Rules, in this Part of these Rules described as “the Appendix”, shall apply so as to fix the fees payable pursuant to the following provisions of this Part of these Rules.

(2) Subject to paragraph (3), the fee specified in the Appendix shall be taken in respect of proceedings governed by these Rules.

(3) The fee prescribed by rule 78 and contained in the corresponding provisions of the Appendix shall not be payable where an officer of the court has been appointed and is acting as receiver for the patient.

(4) Subject to paragraph (5), the person by whom any fee (other than a fee payable under rule 82) is payable shall, unless the court otherwise directs make the payment out of the income of the patient or, if dead, out of his estate.

(5) Where the payment of a fee is made by the Accountant General then, unless the court directs that payment is to be made out of the income of the fund, the Accountant General shall meet the fee from any cash sums held in court to the account of the patient.

Commencement fee

77.  A commencement fee shall be payable on any first application for the appointment of a receiver in respect of any patient.

Administration fee

78.—(1) An administration fee shall be payable—

(a) on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings, and at such other times either during the proceedings or at their termination as the Court may direct;

(b) where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.

(2) The court shall annually, or at such other intervals as may be convenient, issue a certificate in respect of each patient stating—

(a) the amount of the administration fee payable in respect of the patient at the date of the certificate;

(b) the period in respect of which the administration fee is payable; and

(c) the name of the person by whom the payment is made.

(3) Upon the issue of a certificate under this rule the amount of the fee shall be charged upon the patient’s estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the court may allow.

(4) In any case in which it appears to the court that amount of the fee certified under this rule has been wrongly assessed, the court may direct that the fee is to be adjusted as it appears to it to be convenient.

(5) No administration fee shall be taken where the proceedings are terminated less than four weeks from the date of issue of the first application for the appointment of a receiver.

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.

Fee on detailed assessment of costs

80.  A fee is payable in respect of the detailed assessment of costs and on an appeal against a decision made in a detailed assessment of costs.

Receivership fees

81.—(1) An appointment fee shall be payable, as set out in paragraph 5 of the Appendix, upon the appointment of an officer of the court as receiver for a patient.

(2) In cases where an officer of the court is receiver a receivership administration fee shall be payable—

(a) on the first and every subsequent anniversary of the date of his appointment as receiver, until the termination of the proceedings, and at such other times either during the proceedings or at their termination as the court may direct;

(b) where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.

(3) The court shall annually, or at such other intervals as may be convenient, issue a certificate in respect of each patient stating—

(a) the amount of the administration fee payable in respect of the patient at the date of the certificate;

(b) the period in respect of which the administration fee is payable; and

(c) the name of the person by whom the payment is made.

(4) No administration fee shall be taken where the proceedings are terminated less than four weeks from the date of issue of the first application for the appointment of a receiver.

Winding up fee

82.  A winding up fee shall be payable on the death of a patient in cases where a receiver has been appointed.

Remission and postponement

83.—(1) The court may remit or postpone the payment of the whole or part of any fee where in its opinion hardship might otherwise be caused to the patient or his dependants or the circumstances are otherwise exceptional.

(2) The court may remit a payment of the whole or any part of any fee where the cost of calculation and collection would be disproportionate to the amount involved.

(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.