Court of Protection (Amendment) Rules 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/2025 |
| Year | 2000 |
2000 No. 2025
MENTAL HEALTH, ENGLAND AND WALES
The Court of Protection (Amendment) Rules 2000
Made 25th July 2000
Laid before Parliament 26th July 2000
Coming into force 1st September 2000
The Lord Chancellor, in exercise of the powers conferred on him by sections 106 and 108 of the Mental Health Act 19831, and with the consent of the Treasury, makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Court of Protection (Amendment) Rules 2000 and shall come into force on 1st September 2000.
Interpretation
2. The Court of Protection Rules 19942shall be amended in accordance with these Rules and a reference to a rule by number alone is a reference to the rule so numbered in, and a reference to the Appendix is a reference to the Appendix to, those Rules.
Amendments to the Court of Protection Rules 1994
3. For rule 79 there shall be substituted the following rule—
“79. A commencement fee shall be payable on any first application for the appointment of a receiver or other originating process in respect of any patient.”.
4. In rule 80—
(a) for paragraph (1) there shall be substituted the following paragraph—
“1 An annual administration fee shall be payable on the first and on every subsequent anniversary of the date of the appointment of a receiver until the termination of the proceedings.”;
(b) paragraph (3) shall be omitted;
(c) for paragraph (5) there shall be substituted the following paragraph—
“5 In any case in which it appears to the Public Trustee that the amount of the fee certified under this rule has been wrongly assessed, he may direct that the fee is to be adjusted at such time as appears to him to be convenient.”; and
(d) paragraph (6)(b) shall be omitted.
5. In rule 81—
(a) in paragraph (1), after the words “in respect of any order or direction made” there shall be inserted the words “or, as the case may be, any application for an order or direction to be made,”;
(b) after paragraph (1) the following paragraph shall be inserted—
“1A 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 19963.”,
(c) for paragraph (3) there shall be substituted the following paragraph—
“3 Where a transaction is to be approved under an order or direction mentioned in paragraph (1) above, or authorisation is to be given as mentioned in paragraph (1A), 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 Public Trustee shall issue a certificate stating the amount payable.”;
(d) after paragraph (3) the following paragraphs shall be inserted—
“3A A transaction fee as specified in paragraph 3(4) of the Appendix shall be payable on application for the appointment of a new receiver.
3B 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, ordering or authorising the sale of any land as defined in the Law of Property Act 19254.”;
(e) after paragraph (5) there shall be inserted the following paragraph—
“6 In this rule, 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.”.
6. In rule 83—
(a) in paragraph (2) the words “in respect of the clear annual income at the disposal of the patient” shall be omitted;
(b) in paragraph (3)—
(i) for sub-paragraph (a) there shall be substituted the following sub-paragraph—
“(a)
“(a) at such time as the Public Trustee shall consider to be convenient”; and
(ii) for sub-paragraph (b) there shall be substituted the following sub-paragraph—
“(b)
“(b) as set out in paragraph 6 of the Appendix;”; and
(c) paragraph (4) shall be omitted.
7. In rule 84 for the words “in cases where the Public Trustee has been appointed receiver” there shall be substituted the words “in cases where a receiver has been appointed”.
8. For the Appendix there shall be substituted the following—
“APPENDIX
COURT OF PROTECTION FEES
Column 1 |
Column 2 |
Commencement fee (rule 79) | |
1. On the first application for the appointment of a receiver or other originating process. |
£230.00 |
>Annual administration fee (rule 80) | |
2. Annually from the appointment of a receiver |
£205.00 |
>Transaction fee (rule 81) | |
|
3.—(1) On any order (or, as the case may be, on any approval given by the court under an order) or, as thecase may be, on any application for such an order or... |
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