The Family Procedure (Adoption) (Amendment) Rules 2007

• Citation: S.I. 2007/2189
• Sections: 14

Section 1 Citation and commencement

These Rules may be cited as the Family Procedure (Adoption) (Amendment) Rules 2007 and shall come into force on 1 October 2007.

Section 2 Amendment of the Family Procedure (Adoption) Rules 2005

The Family Procedure (Adoption) Rules 2005 shall be amended in accordance with rules 3 to 14 below.

Section 3 Amendment of the Family Procedure (Adoption) Rules 2005

In the arrangement of rules—

(a) in the entry for rule 37, for “patients” substitute “protected parties”; and

(b) in the entry for rule 53, for “patient” substitute “protected party”.

Section 4 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 6—

(a) omit the definition of “patient”; and

(b) insert the following definitions in alphabetical order –

“the 2005 Act ” means the Mental Capacity Act 2005 (c.9) ;

“deputy” has the meaning given in section 16(2)(b) of the 2005 Act;

“enduring power of attorney” has the meaning given in Schedule 4 to the 2005 Act;

“lasting power of attorney” has the meaning given in section 9 of the 2005 Act; “protected party” means a party, or an intended party, who lacks capacity (within the meaning of the 2005 Act) to conduct the proceedings;

Section 5 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 26(1)(d), for the word “patient” substitute “protected party”.

Section 6 Amendment of the Family Procedure (Adoption) Rules 2005

(1) In the title of rule 37, for the word “patients” substitute “protected parties”.

(2) In rule 37—

(a) for each reference to “patient” substitute a reference to “protected party”; and

(b) in paragraph (1), for the fifth row of the third column in the table, substitute –

A person who is the attorney of a registered enduring power of attorney, donee of a lasting power of attorney or deputy of the protected party;

Section 7 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 49(1)(a), for the word “patients” substitute “protected parties”.

Section 8 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 50(2), for the word “patient” substitute “protected party”.

Section 9 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 52—

(a) for each reference to “patient” substitute a reference to “protected party”; and

(b) in paragraph (3) –

(i) omit the words “a party becomes a patient”; and

(ii) after the words “during proceedings”, insert “a party lacks capacity (within the meaning of the 2005 Act) to continue to conduct the proceedings”.

Section 10 Amendment of the Family Procedure (Adoption) Rules 2005

(1) In the title of rule 53, for the word “patient” substitute “protected party”.

(2) In rule 53—

(a) for each reference to “patient” substitute a reference to “protected party”;

(b) in paragraph (2) –

(i) for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy”; and

(ii) for the word “legal” substitute “the”; and

(c) in paragraph (3), for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy to conduct the proceedings in the name of a protected party or on his behalf”.

Section 11 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 54—

(a) in paragraph (2) –

(i) for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy to conduct the proceedings in the name of a protected party or on his behalf”;

(ii) after the word “order”, insert “, declaration”; and

(iii) for the words “constitutes his authorisation” substitute “confers his authority”; and

(b) in paragraph (4) –

(i) in sub-paragraph (a), for the word “authorisation” substitute “document conferring his authority to act”; and

(ii) for the word “patient” substitute “protected party”.

Section 12 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 55(5), for the word “patient” substitute “protected party”.

Section 13 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 57(2), for each reference to “patient” substitute a reference to “protected party”.

Section 14 Amendment of the Family Procedure (Adoption) Rules 2005

In rule 58—

(a) for each reference to “patient” substitute a reference to “protected party”; and

(b) in paragraph (4), for the word “patient’s” substitute “protected party’s”.