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The Court of Protection Rules 2007

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Exercise of powers on the court’s own initiative

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27.—(1) Except where these Rules or some other enactment make different provision, the court may exercise its powers on its own initiative.

(2) The court may make an order on its own initiative without hearing the parties or giving them the opportunity to make representations.

(3) Where the court proposes to make an order on its own initiative it may give the parties and any person it thinks fit an opportunity to make representations and, where it does so, it will specify the time by which, and the manner in which, the representations must be made.

(4) Where the court proposes—

(a)to make an order on its own initiative; and

(b)to hold a hearing to decide whether to make the order,

it will give the parties and may give any other person it thinks likely to be affected by the order at least 3 days’ notice of the hearing.

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