http://www.legislation.gov.uk/id/uksi/2007/1744

http://www.legislation.gov.uk/uksi/2007/1744/rule/35/made

The Court of Protection Rules 2007

Adoption

King's Printer of Acts of Parliament

2024-04-22

MENTAL CAPACITY, ENGLAND AND WALES

These Rules set out the practice and procedure to be followed in the new Court of Protection. Section 45 of the Mental Capacity Act 2005 establishes a new, superior court of record called the Court of Protection which replaces the office of the Supreme Court known as the Court of Protection. These Rules revoke the rules governing procedure in the former Court of Protection (the Court of Protection Rules 2001 (S.1. 2001/824, as amended by S.1. 2001/2977, S.I. 2002/833, S.I. 2003/1733, S.I. 2004/1291, S.I. 2005/667 and S.I. 2006/653), and the Court of Protection (Enduring Power of Attorney Rules) 2001 (S.I. 2001/825, as amended by S.I. 2002/832, S.I. 2002/1944, S.I. 2005/668 and S.I. 2005/3126).

The Court of Protection Rules 2007

rule 3A

The Court of Protection (Amendment) Rules 2015

rule 5

rule 1(2)(b)

The Court of Protection Rules 2007

rule 5(2)(l)(m) and words

The Court of Protection (Amendment) Rules 2015

rule 7(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 9

The Court of Protection (Amendment) Rules 2015

rule 9

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11(3)(d)

The Court of Protection (Amendment) Rules 2015

rule 11(b)(iii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11A

The Court of Protection (Amendment) Rules 2015

rule 12

rule 1(2)(b)

The Court of Protection Rules 2007

rule 39-39H

The Court of Protection (Amendment) Rules 2015

rule 16

rule 1(2)(b)

The Court of Protection Rules 2007

rule 40(4)

(5)

The Court of Protection (Amendment) Rules 2015

rule 17(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 41A

The Court of Protection (Amendment) Rules 2015

rule 18

rule 1(2)(b)

The Court of Protection Rules 2007

rule 44(4)

The Court of Protection (Amendment) Rules 2015

rule 19(d)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(3)(d)

The Court of Protection (Amendment) Rules 2015

rule 20(b)(v)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(4)

The Court of Protection (Amendment) Rules 2015

rule 20(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 77(5)

(6)

The Court of Protection (Amendment) Rules 2015

rule 37

rule 1(2)(b)

The Court of Protection Rules 2007

rule 81A-81D

The Court of Protection (Amendment) Rules 2015

rule 38

rule 1(2)(b)

The Court of Protection Rules 2007

rule 84(1A)

The Court of Protection (Amendment) Rules 2015

rule 39(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 87(3)(d)

The Court of Protection (Amendment) Rules 2015

rule 42(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 87A

The Court of Protection (Amendment) Rules 2015

rule 43

rule 1(2)(b)

The Court of Protection Rules 2007

rule 89(6)-(6D)

The Court of Protection (Amendment) Rules 2015

rule 45(a)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 91(2A)

The Court of Protection (Amendment) Rules 2015

rule 46(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 91(4)

The Court of Protection (Amendment) Rules 2015

rule 46(d)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 95(d)(e)

The Court of Protection (Amendment) Rules 2015

rule 47(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 159(2)(e)

The Court of Protection (Amendment) Rules 2015

rule 51(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(1)(aa)

The Court of Protection (Amendment) Rules 2015

rule 53(a)(iv)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 170(1)(e)

The Court of Protection (Amendment) Rules 2015

rule 55(b)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 171(3)-(5)

The Court of Protection (Amendment) Rules 2015

rule 56

rule 1(2)(b)

The Court of Protection Rules 2007

rule 171A

171B

The Court of Protection (Amendment) Rules 2015

rule 57

rule 1(2)(a)

The Court of Protection Rules 2007

rule 172

172A

The Court of Protection (Amendment) Rules 2015

rule 58

rule 1(2)(a)

The Court of Protection Rules 2007

rule 173(3)

The Court of Protection (Amendment) Rules 2015

rule 59

rule 1(2)(a)

The Court of Protection Rules 2007

rule 203

The Court of Protection (Amendment) Rules 2017

rule 6

rule 2

The Court of Protection Rules 2007

Pt. 24

The Court of Protection (Amendment) Rules 2017

rule 7

Sch.

rule 2

The Court of Protection Rules 2007

Rules

The Court of Protection Rules 2017

Sch.

rule 24.6(1)

The Court of Protection Rules 2007

Part 10A (rule 82A)

The Court of Protection (Amendment) Rules 2009

rules 2

rule 7A

rule 2

The Court of Protection Rules 2007

The Court of Protection (Amendment) Rules 2011

PART 6SERVICE OF DOCUMENTS

Service generally

Deemed service35

1

A document which is served in accordance with these Rules or any relevant practice direction shall be deemed to be served on the day shown in the following table—

Method of service	Deemed day of service
First class post (or other service for next-day delivery)	The second day after it was posted.
Document exchange	The second day after it was left at the document exchange.
Delivering the document to a permitted address	The day after it was delivered to that address.
Fax	If it is transmitted on a business day before 4 p.m., on that day; or in any other case, on the business day after the day on which it is transmitted.
Other electronic means	The second day after the day on which it is transmitted.

2

If a document is served personally—

a

after 5 p.m., on a business day; or

b

at any time on a Saturday, Sunday or a Bank Holiday,

it will be treated as being served on the next business day.