The Court of Protection (Amendment) Rules 2004

• Citation: S.I. 2004/1291
• Sections: 11

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Court of Protection (Amendment) Rules 2004 and shall come into force on 1st June 2004.

(2) In these Rules a reference to a rule by number alone means the rule so numbered in the Court of Protection Rules 2001 and a reference to the Appendix means the Appendix to those Rules.

Section 2 Amendments to the Court of Protection Rules 2001

In the Arrangement of Rules in the Court of Protection Rules 2001—

(a) after the entry relating to rule 78, insert—

(78A) Account fee

(b) after the entry relating to rule 80, insert—

(80A) Fees where officer of the court appointed receiver

Section 3 Amendments to the Court of Protection Rules 2001

In rule 65—

(a) omit paragraph (1); and

(b) in paragraph (6), for “paragraph (1)”, substitute “paragraph (3)”.

Section 4 Amendments to the Court of Protection Rules 2001

In rule 66, for “63”, substitute “61”.

Section 5 Amendments to the Court of Protection Rules 2001

In rule 76(3), for “rules 77A, 78, 79 and 82”, substitute “rules 77A, 78 and 78A”.

Section 6 Amendments to the Court of Protection Rules 2001

In rule 78—

(a) for paragraph (1), substitute—

(1) An administration fee shall be payable—

(a) on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings; and

(b) at such other times either during the proceedings or at their termination as the court may direct, and

where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year.

(b) omit paragraph (5).

Section 7 Amendments to the Court of Protection Rules 2001

After rule 78, insert—

Account fee

78A.—

(1) An account fee shall be 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).

(2) Where the court dispenses with the passing of an account under rule 61(4) or 65(3) the account fee—

(a) if paid, shall be refunded; or

(b) if not paid, shall cease to be payable.

Section 8 Amendments to the Court of Protection Rules 2001

After rule 80, insert—

Fees where officer of the court appointed receiver

(80A)

(1) Subject to paragraph (2), an appointment fee shall be payable, as set out in paragraph 4A of the Appendix, on the appointment of an officer of the court as receiver for a patient.

(2) Where proceedings are terminated within 4 weeks after the appointment, the fee referred to in paragraph (1) shall cease to be payable and any fee paid in accordance with that paragraph shall be refunded.

(3) Where an officer of the court has been appointed receiver for a patient—

(a) a fee shall be payable, as set out in paragraph 4B of the Appendix, in respect of completing an Inland Revenue tax return on behalf of the patient;

(b) a receivership administration fee shall be payable, as set out in paragraph 4C of the Appendix—

(i) on the first and every subsequent anniversary of the date of the officer’s appointment as receiver until the termination of the proceedings; and

(ii) at such other times either during the proceedings or at their termination as the court may direct, and

where the period for which the receivership administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year; and

(c) the court shall annually, or at such other intervals as it may direct, issue a certificate in respect of each patient stating—

(i) the amount of the receivership administration fee payable in respect of the patient at the date of the certificate;

(ii) the period in respect of which that fee in payable; and

(iii) the name of the person who must make the payment.

(4) Upon the issue of a certificate under paragraph (3)(c) the amount of the fee shall be charged upon the patient’s estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the court may allow.

(5) In any case in which it appears to the court that the amount of the fee certified under paragraph (3)(c) has been wrongly assessed, the court may direct that the fee is to be adjusted as it appears to it to be convenient.

Section 9 Amendments to the Court of Protection Rules 2001

In rule 84(1), after “paid out of his estate”, insert “or paid”.

Section 10 Amendments to the Court of Protection Rules 2001

(1) The Appendix shall be amended in accordance with the following paragraphs of this rule.

(2) In column 2 of paragraph 1 for “£70.00”, substitute “£230.00”.

(3) In column 2 of paragraph 1A for “£515.00”, substitute “£300.00”.

(4) In column 2 of paragraph 2 for “£220.00”, substitute “£230.00”.

(5) After paragraph 2 insert—

(2A) 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).

(6) In column 1 of paragraph 3(1)—

(a) for “£50.00”, substitute “£100.00”; and

(b) for “£500.00”, substitute “£1,000.00”.

(7) In column 2 of paragraph 3(1)(i) and (ii) for “£50.00”, wherever it occurs, substitute “£100.00”.

(8) In column 2 of paragraph 3(1) (iii) for “£50.00”, substitute “£60.00”.

(9) In column 2 of paragraphs 3(1)(iv), (v) and (vi) and 3(2), for “£120.00”, wherever it occurs, substitute “£125.00”.

(10) In column 2 of paragraph 3(3), for “£505.00”, substitute “£520.00”.

(11) In column 2 of paragraph 3(4), for “£185.00”, substitute “£190.00”.

(12) In column 2 of paragraph 3(5), for “£155.00”, substitute “£160.00”.

(13) For paragraph 4, substitute—

(4) —

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

(i) where the bill of costs does not exceed £3,000 excluding VAT and disbursements

(ii) in all other cases

(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

(14) After paragraph 4, insert—

(4A) On the appointment of an officer of the court as receiver

(4B) On the completion of an Inland Revenue tax return on behalf of the patient, where an officer of the court has been appointed receiver

(4C) Receivership administration fee, where an officer of the court has been appointed receiver

(15) For paragraph 7, substitute—

(7) On the death of a patient:

(i) where an officer of the court has been appointed receiver

(ii) otherwise

Section 11 Transitional provisions

(1) Where an appointment fee is payable under rule 77A upon the appointment of a receiver but the application for his appointment was received by the court before 1st June 2004, the Court of Protection Rules 2001 (“the 2001 Rules ”) shall have effect as if—

(a) rule 10(3) of these Rules had not been made; and

(b) in column 2 of paragraph 1A of the Appendix to the 2001 Rules for “£515.00”, there were substituted “£460.00”.

(2) Where—

(a) a transaction fee under rule 79(1) is payable which, by virtue of rule 79(4)(a), is to be taken upon the approval of the transaction; and

(b) the application for approval was received by the court before 1st June 2004,

the 2001 Rules shall have effect as if rules 10(6) and 10(7) of these Rules had not been made.

(3) No transaction fee under rule 79(1) shall be payable where—

(a) an officer of the court is receiver for the patient;

(b) but for this paragraph that fee would, by virtue of rule 79(4)(a), be taken upon the approval of the transaction; and

(c) the application for such approval was received by the court before 1st June 2004.

(4) No appointment fee under rule 80A(1) shall be payable where the application for the appointment of a receiver was received by the court before 1st June 2004.

(5) Where a receivership administration fee is payable under rule 80A(3)(b) on an anniversary date falling before 31st May 2005, the fee payable shall be the proportion of the full fee as the period between 1st June 2004 and the anniversary bears to one year.