The Court of Protection (Amendment) Rules 2004

Explanatory Note

(This note is not part of the Rules)

These Rules make various amendments to the Court of Protection Rules 2001 (S.I. 2001/824).

(1) amounts of various fees are amended, as follows—

Fees	Old Fee	New Fee
Commencement fee (rule 77)	£70	£230
Receivership appointment fee (rule 77A)	£515	£300
Administration fee (rule 78)	£220	£230
Transaction fees (rule 79):
Applications for orders etc under—
—  Mental Health Act 1983, s 100 (vesting of stock in a curator)	£50.00	£60.00
— Mental Health Act 1983, s 96(1)(k) (exercise of powers)	£120	£125
— Trustee Act 1925, s 54 (trusts)	£120	£125
— Trusts of Land and Appointment of Trustees Act 1996, s 20 (authorisation of person to act as trustee)	£120	£125
— Mental Health Act 1983 s 96 (1) (settlement or gift of property, carrying out of contract) and Variation of Trusts Act 1958 s 1(3) (variation of trust for benefit of patient).	£50 or, in a “special case” 1/4% of the pecuniary consideration as referred to in rule 79 up to a maximum of £500	£100 or, in a “special case” 1/4% of the pecuniary consideration as referred to in rule 79 up to a maximum of £1000
— Trustee Act 1925, s 36(9) (appointment of trustees)	£120	£125
— Mental Health Act 1983, s 96(1)(e) (execution of will)	£505	£520
Application for the appointment of a new receiver	£185	£190
Application for an order or direction under s 96(1)(b) or (c) of the Mental Health Act 1983 ordering or authorising the sale or purchase of any land	£155	£160
Winding-up fee (rule 82)—Death of a patient	£360	£275

(2) Some minor drafting amendments are made to rules 65, 78 and 84 and paragraph (5) of rule 78 is omitted because it has become obsolete (rules 3, 4, 6 and 9).

(3) Rule 76(3) is amended so that the new account fee payable under rule 78A (see below) is disapplied and the transaction and winding up fees are reinstated, where the receiver is an officer of the court (rule 5).

(4) A new rule 78A is inserted providing for a new account fee, payable on the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2). This fee is set at £95.00 (rule 7).

(5) A new rule 80A is inserted to introduce fees payable where an officer of the court has been appointed as receiver. Appointment and administration fees are set at £1,000.00 and £3,500.00 respectively. Appointment and administration fees existed in the Court of Protection Rules 2001, but were removed in the Court of Protection (Amendment) Rules 2002(1). In addition a new fee is introduced, payable on completion of an Inland Revenue tax return on behalf of the patient, where an officer of the court has been appointed receiver. This fee is set at £500.00 (rule 8).

(6) The Appendix is amended in various respects including—

• the introduction of two tiers of fees where there is to be a detailed assessment of costs. These fees are set at £100.00 for bills not exceeding £3,000.00 excluding VAT and disbursements and £200.00 for all other bills (rule 10(13)); and

• the reinstatement of the winding up fee under rule 82 where an officer of the court has been appointed as receiver for the patient. This fee was in the Court of Protection Rules 2001, but was removed in the Court of Protection (Amendment) Rules 2002. This fee is set at £850.00 (rule 10(15)).

(7) Rule 11 provides various transitional provisions. Rule 11(1) provides that where an application for the appointment of a receiver is received before 1st June 2004, the receivership appointment fee shall be £460 instead of the new fee of £300. This is because in those cases the previous commencement fee of £70 payable on the application will apply instead of the new fee of £230. Therefore the joint cost of the fees on the appointment of a receiver (£530) will be the same as if the new fees had been applicable. Before the amendments made by these Rules the joint cost of the fee payable on the appointment was £585.

(1)

S.I. 2002/833.