The Court of Protection (Amendment) Rules 2000

• Citation: S.I. 2000/2025
• Sections: 8

Section 1 Citation and commencement

These Rules may be cited as the Court of Protection (Amendment) Rules 2000 and shall come into force on 1st September 2000.

Section 2 Interpretation

The Court of Protection Rules 1994 shall 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.

Section 3 Amendments to the Court of Protection Rules 1994

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.

Section 4 Amendments to the Court of Protection Rules 1994

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.

(d) paragraph (6)(b) shall be omitted.

Section 5 Amendments to the Court of Protection Rules 1994

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 1996 .

(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 1925 .

(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.

Section 6 Amendments to the Court of Protection Rules 1994

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) at such time as the Public Trustee shall consider to be convenient

(ii) for sub-paragraph (b) there shall be substituted the following sub-paragraph—

(b) as set out in paragraph 6 of the Appendix;

(c) paragraph (4) shall be omitted.

Section 7 Amendments to the Court of Protection Rules 1994

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”.

Section 8 Amendments to the Court of Protection Rules 1994

For the Appendix there shall be substituted the following—

COURT OF PROTECTION FEES

(1) On the first application for the appointment of a receiver or other originating process.

(2) Annually from the appointment of a receiver

(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 approval, made by the court in the exercise of powers conferred by:—

(i) the following paragraphs of section 96(1) of the Act:—

(d) (settlement or gift of property)

(h) (carrying out of contract) or

(ii) section 1(3) of the Variation of Trusts Act 1958 (variation of trusts for the benefit of patient)

provided that no fee under sub-paragraph (i) or (ii) shall be taken if the property is worth less than £50.00 and no such fee shall exceed £500.00

section 100 of the Act (vesting of stock in curator appointed outside England and Wales)

(iv) section 96(1)(k) of the Act (exercise of powers)

(v) section 54 of the Trustee Act 1925 (concurrent jurisdiction with High Court over trusts)

(vi) section 20 of the Trusts of Land and Appointment of Trustees Act 1996 (authorisation of person to act as trustee).

(2) On an application for an order or direction to be made by the court in exercise of the powers conferred by section 36(9) of the Trustee Act 1925 (appointment of trustees)

(3) On an application for an order or authority to be made by the court under section 96(1)(e) of the Act (execution of will).

(4) On the application for the apppointment of a new receiver.

(5) On an application for an order or direction under section 96(1)(b) of the Act ordering or authorising the sale of any land.

(4)

(1) On the filing of a request for a detailed assessment of costs.

(2) On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate.

(5) On the appointment of the Public Trustee as receiver.

(6) Annual administration fee.

(7) On the death of a patient:—

(a) where the Public Trustee has been appointed receiver.

(b) otherwise.