The Court of Protection Rules 2017

SECTION 1 – SCOPE AND INTERPRETATION

Scope

21.1.—(1) This Part sets out the procedure in respect of—

(a) committal for any breach of a judgment, order or undertaking to do or abstain from doing an act;

(b) contempt in the face of the court;

(c) committal for interference with the due administration of justice;

(d) committal for making a false statement of truth; and

(e) sequestration to enforce a judgment, order or undertaking.

(2) So far as applicable, and with the necessary modifications, this Part applies in relation to an order requiring a person—

(a) guilty of contempt of court; or

(b) punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court,

to pay a fine or to give security for good behaviour, as it applies in relation to an order of committal.

Saving for other powers

21.2.—(1) This Part is concerned only with procedure and does not itself confer upon the court the power to make an order for—

(a) committal;

(b) sequestration; or

(c) the imposition of a fine in respect of contempt.

(2) Nothing in this Part affects the power of the court to make an order requiring a person—

(a) guilty of contempt of court; or

(b) punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court,

to pay a fine or to give security for good behaviour.

(3) Nothing in this Part affects any statutory or inherent power of the court to make a committal order on its own initiative against a person guilty of contempt of court.

Interpretation

21.3.  In this Part—

(a) “applicant” means a person making—

(i) an application for permission to make a committal application;

(ii) a committal application; or

(iii) an application for a writ of sequestration;

(b) “committal application” means any application for an order committing a person to prison;

(c) “respondent” means a person—

(i) against whom a committal application is made or is intended to be made; or

(ii) against whose property it is sought to issue a writ of sequestration; and

(d) “undertaking” means an undertaking to the court.