The Court of Protection (Amendment) Rules 2006

• Citation: S.I. 2006/653
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Court of Protection (Amendment) Rules 2006 and shall come into force on 1st April 2006.

(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

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

(2) In column 2, in paragraph 1, for “£240.00” substitute “£250.00”.

(3) In column 2, in paragraph 1A, for “£315.00” substitute “£330.00”.

(4) In column 2, in paragraph 2(1), for “£240.00” substitute “£250.00”.

(5) In column 2, in paragraph 2(2), for “£190.00” substitute “£200.00”.

(6) In column 2, in paragraph 2A, for “£100.00” substitute “£105.00”.

(7) In column 2, in paragraph 2B, for “£100.00” substitute “£105.00”.

(8) In column 2, in paragraph 3(1)(iv), for “£130.00” substitute “£135.00”.

(9) In column 2, in paragraph 3(1)(v), for “£130.00” substitute “£135.00”.

(10) In column 2, in paragraph 3(1)(vi), for “£130.00” substitute “£135.00”.

(11) In column 2, in paragraph 3(2), for “£130.00” substitute “£135.00”.

(12) In column 2, in paragraph 3(3), for “£540.00” substitute “£560.00”.

(13) In column 2, in paragraph 3(4), for “£200.00” substitute “£210.00”.

(14) For paragraph 3(5), substitute—

(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.

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

(15) In column 2, in paragraph 3(6), for “£170.00” substitute “£175.00”.

(16) In column 2, in paragraph 4B, for “£1,000.00” substitute “£1,035.00”.

(17) In column 2, in paragraph 4C, for “£4,500.00” substitute “£4,725.00”.

(18) In column 2, in paragraph 7(1)(i), for “£885.00” substitute “£915.00”.

(19) In column 2, in paragraph 7(1)(ii), for “£290.00” substitute “£300.00”.

(20) In column 2, in paragraph 7(2), for “£150.00” substitute “£155.00”.

Section 3 Amendments to the Court of Protection Rules 2001

(1) For rule 78(1) and (1A), substitute—

(1) Paragraphs (1A) to (1D) apply in relation to proceedings for—

(a) the appointment of a receiver; or

(b) subject to paragraph (1E), a short order or direction to deal with a patient’s property or affairs under rule 8,

until the termination of such proceedings.

(1A) An administration fee shall be payable on the first or any subsequent anniversary of any such appointment, short order or direction where that anniversary falls within the period beginning with 1st April 2006 and ending on 31st March 2007.

(1B) At the end of the period mentioned in paragraph (1A) above, an administration fee in respect of any such appointment, short order or direction shall be payable on 31st March 2007 and on the same date in each year thereafter.

(1C) But in any case the court may direct that an administration fee is payable at any other time during those proceedings or at their termination.

(1D) Where the period for which the administration fee is payable is less than one year, the amount of the fee payable shall be such proportion of the full fee as that period bears to one year.

(1E) Where the proceedings are terminated less than six months from the date of the short order or the direction mentioned in paragraph (1)(b), the fee payable under paragraph (1B) shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable.

Section 4 Amendments to the Court of Protection Rules 2001

For rule 80A(3)(a) and (b), substitute—

(3) Paragraphs (3A) to (3F) apply where an officer of the court has been appointed receiver for a patient until the termination of such proceedings.

(3A) A fee as set out in paragraph 4B of the Appendix shall be payable in respect of completing an Inland Revenue tax return on behalf of the patient.

(3B) A receivership administration fee as set out in paragraph 4C of the Appendix shall be payable on the first or any subsequent anniversary of any such appointment where that anniversary falls within the period beginning with 1st April 2006 and ending on 31st March 2007.

(3C) At the end of the period mentioned in paragraph (3B) above, a receivership administration fee in respect of any such appointment shall be payable on 31st March 2007, and on the same date in each year thereafter.

(3D) But in any case the court may direct that a receivership administration fee is payable at any other time during those proceedings or at their termination.

(3E) Where the period for which the administration fee is payable is less than one year, the amount of the fee payable shall be such proportion of the full fee as that period bears to one year.

Section 5 Amendments to the Court of Protection Rules 2001

In rule 80A(3)(c), for “(c)”, substitute “(3F)”.

Section 6 Amendments to the Court of Protection Rules 2001

For rule 82, substitute—

(1) Subject to paragraphs (2) and (3), in cases where a receiver has been appointed a winding up fee shall be payable—

(a) on the death of a patient; and

(b) on every subsequent anniversary of that death.

(2) The winding up fee mentioned in paragraph (1)(b) shall be payable until—

(a) the date the court receives the grant of representation from the personal representatives of the patient;

(b) the date the receiver lodges his final account; or

(c) the date the court directs that the final account may be dispensed with as the case may be,

whichever is the later.

(3) Where no grant of representation is required, the winding up fee mentioned in paragraph (1)(b) shall be payable until—

(a) the date the court receives notification from the person who appears to have a prior right to a grant of administration to the estate of the deceased;

(b) the date the receiver lodges his final account; or

(c) the date the court directs that the final account may be dispensed with as the case may be,

whichever is the later.