http://www.legislation.gov.uk/uksi/2007/1744/contents/made

The Court of Protection Rules 2007

Adoption

King's Printer of Acts of Parliament

2024-04-22

MENTAL CAPACITY, ENGLAND AND WALES

These Rules set out the practice and procedure to be followed in the new Court of Protection. Section 45 of the Mental Capacity Act 2005 establishes a new, superior court of record called the Court of Protection which replaces the office of the Supreme Court known as the Court of Protection. These Rules revoke the rules governing procedure in the former Court of Protection (the Court of Protection Rules 2001 (S.1. 2001/824, as amended by S.1. 2001/2977, S.I. 2002/833, S.I. 2003/1733, S.I. 2004/1291, S.I. 2005/667 and S.I. 2006/653), and the Court of Protection (Enduring Power of Attorney Rules) 2001 (S.I. 2001/825, as amended by S.I. 2002/832, S.I. 2002/1944, S.I. 2005/668 and S.I. 2005/3126).

The Court of Protection Rules 2007

rule 3A

The Court of Protection (Amendment) Rules 2015

rule 5

rule 1(2)(b)

The Court of Protection Rules 2007

rule 4

The Court of Protection (Amendment) Rules 2015

rule 6

rule 1(2)(b)

The Court of Protection Rules 2007

rule 5(2)(j)

The Court of Protection (Amendment) Rules 2015

rule 7(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 5(2)(k)

The Court of Protection (Amendment) Rules 2015

rule 7(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 5(2)(l)(m) and words

The Court of Protection (Amendment) Rules 2015

rule 7(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 6

The Court of Protection (Amendment) Rules 2015

rule 8(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 6

The Court of Protection (Amendment) Rules 2015

rule 8(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 6

The Court of Protection (Amendment) Rules 2015

rule 8(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 6

The Court of Protection (Amendment) Rules 2015

rule 8(d)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 6

The Court of Protection (Amendment) Rules 2015

rule 8(e)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 9

The Court of Protection (Amendment) Rules 2015

rule 9

rule 1(2)(b)

The Court of Protection Rules 2007

rule 10(1)(a)

The Court of Protection (Amendment) Rules 2015

rule 10

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11(1)(a)

The Court of Protection (Amendment) Rules 2015

rule 11(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11(3)(a)

The Court of Protection (Amendment) Rules 2015

rule 11(b)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11(3)(c)

The Court of Protection (Amendment) Rules 2015

rule 11(b)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11(3)(d)

The Court of Protection (Amendment) Rules 2015

rule 11(b)(iii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11(4)(a)

The Court of Protection (Amendment) Rules 2015

rule 11(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11(6)

The Court of Protection (Amendment) Rules 2015

rule 11(d)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 11A

The Court of Protection (Amendment) Rules 2015

rule 12

rule 1(2)(b)

The Court of Protection Rules 2007

rule 12

The Court of Protection (Amendment) Rules 2015

rule 13(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 12

The Court of Protection (Amendment) Rules 2015

rule 13(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 25(7)

The Court of Protection (Amendment) Rules 2015

rule 14

rule 1(2)(b)

The Court of Protection Rules 2007

rule 33(1)

The Court of Protection (Amendment) Rules 2015

rule 15(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 33(5)

The Court of Protection (Amendment) Rules 2015

rule 15(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 33

The Court of Protection (Amendment) Rules 2015

rule 15(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 39-39H

The Court of Protection (Amendment) Rules 2015

rule 16

rule 1(2)(b)

The Court of Protection Rules 2007

rule 40(2)

The Court of Protection (Amendment) Rules 2015

rule 17(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 40(4)

(5)

The Court of Protection (Amendment) Rules 2015

rule 17(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 41A

The Court of Protection (Amendment) Rules 2015

rule 18

rule 1(2)(b)

The Court of Protection Rules 2007

rule 44(1)

The Court of Protection (Amendment) Rules 2015

rule 19(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 44(2)

The Court of Protection (Amendment) Rules 2015

rule 19(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 44(3)

The Court of Protection (Amendment) Rules 2015

rule 19(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 44(4)

The Court of Protection (Amendment) Rules 2015

rule 19(d)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(1)

The Court of Protection (Amendment) Rules 2015

rule 20(a)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(1)

The Court of Protection (Amendment) Rules 2015

rule 20(a)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(3)

The Court of Protection (Amendment) Rules 2015

rule 20(b)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(3)(b)

The Court of Protection (Amendment) Rules 2015

rule 20(b)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(3)(b)

The Court of Protection (Amendment) Rules 2015

rule 20(b)(iii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(3)(c)

The Court of Protection (Amendment) Rules 2015

rule 20(b)(iv)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(3)(d)

The Court of Protection (Amendment) Rules 2015

rule 20(b)(v)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 46(4)

The Court of Protection (Amendment) Rules 2015

rule 20(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 48

The Court of Protection (Amendment) Rules 2015

rule 21

rule 1(2)(b)

The Court of Protection Rules 2007

rule 51

The Court of Protection (Amendment) Rules 2015

rule 22

rule 1(2)(b)

The Court of Protection Rules 2007

rule 52

The Court of Protection (Amendment) Rules 2015

rule 23

rule 1(2)(b)

The Court of Protection Rules 2007

rule 53(1)

The Court of Protection (Amendment) Rules 2015

rule 24

rule 1(2)(b)

The Court of Protection Rules 2007

rule 54

The Court of Protection (Amendment) Rules 2015

rule 25

rule 1(2)(b)

The Court of Protection Rules 2007

rule 55-58

The Court of Protection (Amendment) Rules 2015

rule 26

rule 1(2)(b)

The Court of Protection Rules 2007

rule 59

The Court of Protection (Amendment) Rules 2015

rule 27(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 59

The Court of Protection (Amendment) Rules 2015

rule 27(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 60

The Court of Protection (Amendment) Rules 2015

rule 28

rule 1(2)(b)

The Court of Protection Rules 2007

rule 61(3)

The Court of Protection (Amendment) Rules 2015

rule 29

rule 1(2)(b)

The Court of Protection Rules 2007

rule 64(b)

The Court of Protection (Amendment) Rules 2015

rule 30

rule 1(2)(b)

The Court of Protection Rules 2007

rule 65

The Court of Protection (Amendment) Rules 2015

rule 31

rule 1(2)(b)

The Court of Protection Rules 2007

rule 66

The Court of Protection (Amendment) Rules 2015

rule 32

rule 1(2)(b)

The Court of Protection Rules 2007

rule 67(3)

The Court of Protection (Amendment) Rules 2015

rule 33

rule 1(2)(b)

The Court of Protection Rules 2007

rule 68(3)

The Court of Protection (Amendment) Rules 2015

rule 34

rule 1(2)(b)

The Court of Protection Rules 2007

rule 70(1)

The Court of Protection (Amendment) Rules 2015

rule 35

rule 1(2)(b)

The Court of Protection Rules 2007

rule 72(2)

The Court of Protection (Amendment) Rules 2015

rule 36(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 72(5)

The Court of Protection (Amendment) Rules 2015

rule 36(b)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 72(5)

The Court of Protection (Amendment) Rules 2015

rule 36(b)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 72(7)

The Court of Protection (Amendment) Rules 2015

rule 36(c)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 72(7)

The Court of Protection (Amendment) Rules 2015

rule 36(c)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 72(10)

The Court of Protection (Amendment) Rules 2015

rule 36(d)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 77(5)

(6)

The Court of Protection (Amendment) Rules 2015

rule 37

rule 1(2)(b)

The Court of Protection Rules 2007

rule 81A-81D

The Court of Protection (Amendment) Rules 2015

rule 38

rule 1(2)(b)

The Court of Protection Rules 2007

rule 84(1A)

The Court of Protection (Amendment) Rules 2015

rule 39(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 84(4)

The Court of Protection (Amendment) Rules 2015

rule 39(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 85(2)(c)

(d)

The Court of Protection (Amendment) Rules 2015

rule 40(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 85

The Court of Protection (Amendment) Rules 2015

rule 40(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 86

The Court of Protection (Amendment) Rules 2015

rule 41

rule 1(2)(a)

The Court of Protection Rules 2007

rule 87(3)(b)

The Court of Protection (Amendment) Rules 2015

rule 42(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 87(3)(c)

The Court of Protection (Amendment) Rules 2015

rule 42(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 87(3)(d)

The Court of Protection (Amendment) Rules 2015

rule 42(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 87A

The Court of Protection (Amendment) Rules 2015

rule 43

rule 1(2)(b)

The Court of Protection Rules 2007

rule 88

The Court of Protection (Amendment) Rules 2015

rule 44

rule 1(2)(b)

The Court of Protection Rules 2007

rule 89(6)-(6D)

The Court of Protection (Amendment) Rules 2015

rule 45(a)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 89(7)

The Court of Protection (Amendment) Rules 2015

rule 45(b)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 89(8)

The Court of Protection (Amendment) Rules 2015

rule 45(c)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 89(9)

The Court of Protection (Amendment) Rules 2015

rule 45(d)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 89(10)

The Court of Protection (Amendment) Rules 2015

rule 45(e)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 91(1)

The Court of Protection (Amendment) Rules 2015

rule 46(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 91(2)(a)

The Court of Protection (Amendment) Rules 2015

rule 46(b)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 91(2)(a)

The Court of Protection (Amendment) Rules 2015

rule 46(b)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 91(2A)

The Court of Protection (Amendment) Rules 2015

rule 46(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 91(4)

The Court of Protection (Amendment) Rules 2015

rule 46(d)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 95(c)

The Court of Protection (Amendment) Rules 2015

rule 47(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 95(d)(e)

The Court of Protection (Amendment) Rules 2015

rule 47(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 120(1)

The Court of Protection (Amendment) Rules 2015

rule 48(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 120(2)

The Court of Protection (Amendment) Rules 2015

rule 48(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 120

The Court of Protection (Amendment) Rules 2015

rule 48(c)

rule 1(2)(b)

The Court of Protection Rules 2007

Pt. 17

The Court of Protection (Amendment) Rules 2015

rule 49

Sch.

rule 1(2)(b)

The Court of Protection Rules 2007

rule 155(1)

The Court of Protection (Amendment) Rules 2015

rule 50(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 155(2)(a)

The Court of Protection (Amendment) Rules 2015

rule 50(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 155(4)

The Court of Protection (Amendment) Rules 2015

rule 50(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 159(2)(c)

The Court of Protection (Amendment) Rules 2015

rule 51(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 159(2)(d)

The Court of Protection (Amendment) Rules 2015

rule 51(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 159(2)(e)

The Court of Protection (Amendment) Rules 2015

rule 51(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 160

The Court of Protection (Amendment) Rules 2015

rule 52

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(1)

The Court of Protection (Amendment) Rules 2015

rule 53(a)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(1)(a)

The Court of Protection (Amendment) Rules 2015

rule 53(a)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(1)(a)

The Court of Protection (Amendment) Rules 2015

rule 53(a)(iii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(1)(aa)

The Court of Protection (Amendment) Rules 2015

rule 53(a)(iv)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(1)(b)

The Court of Protection (Amendment) Rules 2015

rule 53(a)(v)

(aa)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(1)(b)

The Court of Protection (Amendment) Rules 2015

rule 53(a)(v)

(bb)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 166(2)

The Court of Protection (Amendment) Rules 2015

rule 53(b)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 169

The Court of Protection (Amendment) Rules 2015

rule 54

rule 1(2)(a)

The Court of Protection Rules 2007

rule 170(1)(d)

The Court of Protection (Amendment) Rules 2015

rule 55(a)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 170(1)(e)

The Court of Protection (Amendment) Rules 2015

rule 55(b)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 171(3)-(5)

The Court of Protection (Amendment) Rules 2015

rule 56

rule 1(2)(b)

The Court of Protection Rules 2007

rule 171A

171B

The Court of Protection (Amendment) Rules 2015

rule 57

rule 1(2)(a)

The Court of Protection Rules 2007

rule 172

172A

The Court of Protection (Amendment) Rules 2015

rule 58

rule 1(2)(a)

The Court of Protection Rules 2007

rule 173(3)

The Court of Protection (Amendment) Rules 2015

rule 59

rule 1(2)(a)

The Court of Protection Rules 2007

rule 174

The Court of Protection (Amendment) Rules 2015

rule 60

rule 1(2)(a)

The Court of Protection Rules 2007

rule 175(1)

The Court of Protection (Amendment) Rules 2015

rule 61

rule 1(2)(a)

The Court of Protection Rules 2007

rule 176(1)(a)

The Court of Protection (Amendment) Rules 2015

rule 62(a)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 176(2)

The Court of Protection (Amendment) Rules 2015

rule 62(b)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 176(4)(a)

The Court of Protection (Amendment) Rules 2015

rule 62(c)(i)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 176(4)(b)

The Court of Protection (Amendment) Rules 2015

rule 62(c)(ii)

(aa)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 176(4)(b)

The Court of Protection (Amendment) Rules 2015

rule 62(c)(ii)

(bb)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 176(4)(c)

The Court of Protection (Amendment) Rules 2015

rule 62(c)(iii)

rule 1(2)(a)

The Court of Protection Rules 2007

rule 177(1)

The Court of Protection (Amendment) Rules 2015

rule 63

rule 1(2)(a)

The Court of Protection Rules 2007

rule 180-182

The Court of Protection (Amendment) Rules 2015

rule 64

rule 1(2)(a)

The Court of Protection Rules 2007

rule 184 heading

The Court of Protection (Amendment) Rules 2015

rule 65(a)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 184(a)

The Court of Protection (Amendment) Rules 2015

rule 65(b)(i)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 184(a)

The Court of Protection (Amendment) Rules 2015

rule 65(b)(ii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 184(a)

The Court of Protection (Amendment) Rules 2015

rule 65(b)(iii)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 184(b)

The Court of Protection (Amendment) Rules 2015

rule 65(c)

rule 1(2)(b)

The Court of Protection Rules 2007

rule 6

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

Sch.

para. 17(a)

reg. 14(2)

reg. 1

The Court of Protection Rules 2007

rule 151 heading

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

Sch.

para. 17(b)

reg. 14(2)

reg. 1

The Court of Protection Rules 2007

rule 151(1)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

Sch.

para. 17(c)

reg. 14(2)

reg. 1

The Court of Protection Rules 2007

rule 151(1)(a)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

Sch.

para. 17(d)

reg. 14(2)

reg. 1

The Court of Protection Rules 2007

rule 151(2)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013

Sch.

para. 17(e)

reg. 14(2)

reg. 1

The Court of Protection Rules 2007

rule 6

The Court of Protection (Amendment) Rules 2017

rule 5

rule 2

The Court of Protection Rules 2007

rule 203

The Court of Protection (Amendment) Rules 2017

rule 6

rule 2

The Court of Protection Rules 2007

Pt. 24

The Court of Protection (Amendment) Rules 2017

rule 7

Sch.

rule 2

The Court of Protection Rules 2007

Rules

The Court of Protection Rules 2017

Sch.

rule 24.6(1)

The Court of Protection Rules 2007

rule 6

The Legal Services Act 2007 (Consequential Amendments) Order 2009

art. 19

art. 2(1)

The Court of Protection Rules 2007

rule 6

The Court of Protection (Amendment) Rules 2009

rules 2

The Court of Protection Rules 2007

rule 51

The Court of Protection (Amendment) Rules 2009

rules 2

The Court of Protection Rules 2007

Part 10A (rule 82A)

The Court of Protection (Amendment) Rules 2009

rules 2

rule 7A

rule 2

The Court of Protection Rules 2007

The Court of Protection (Amendment) Rules 2011

The Court of Protection Rules 2007

rule 39(1)

The Family Procedure (Modification of Enactments) Order 2011

art. 33(a)

art. 39

art. 1

The Court of Protection Rules 2007

rule 39(2)

(3)

The Family Procedure (Modification of Enactments) Order 2011

art. 33(b)

art. 39

art. 1

The Court of Protection Rules 2007

PART 1PRELIMINARY

1Title and commencement

2Revocations

PART 2THE OVERRIDING OBJECTIVE

3The overriding objective

4The duty of the parties

5Court’s duty to manage cases

PART 3INTERPRETATION AND GENERAL PROVISIONS

6Interpretation

7Court officers

8Computation of time

9Application of the Civil Procedure Rules

PART 4COURT DOCUMENTS

10Documents used in court proceedings

11Documents required to be verified by a statement of truth

12Failure to verify a document

13Failure to verify a witness statement

14False statements

15Personal details

16Supply of documents to a party from court records

17Supply of documents to a non-party from court records

18Subsequent use of court documents

19Editing information in court documents

20Public Guardian to be supplied with court documents relevant to supervision of deputies

21Provision of court order to Public Guardian

22Amendment of application

23Clerical mistakes or slips

24Endorsement of amendment

PART 5GENERAL CASE MANAGEMENT POWERS

25The court’s general powers of case management

26Court’s power to dispense with requirement of any rule

27Exercise of powers on the court’s own initiative

28General power of the court to rectify matters where there has been an error of procedure

PART 6SERVICE OF DOCUMENTS

32Service of documents on children and protected parties

33Service of documents on P if he becomes a party

34Substituted service

35Deemed service

36Certificate of service

37Certificate of non-service

38Power of court to dispense with service

Service out of the jurisdiction

39Application of Family Procedure (Adoption) Rules 2005

PART 7NOTIFYING P

General requirement to notify P

40General

41Who is to notify P

Circumstances in which P must be notified

Manner of notification, and accompanying documents

46Manner of notification

47Acknowledgment of notification

48Certificate of notification

49Dispensing with requirement to notify, etc

PART 8PERMISSION

50General

51Where the court’s permission is not required

52Exceptions to rule 51(2)(a)

53Permission - supplementary

54Application for permission

55What the court will do when an application for permission to start proceedings is filed

56Persons to be notified of the hearing of an application for permission

57Acknowledgment of notification of permission application

58Failure to file acknowledgment of notification

59Service of an order giving or refusing permission

60Appeal against a permission decision following a hearing

PART 9HOW TO START PROCEEDINGS

Initial steps

61General

62When proceedings are started

63Contents of the application form

64Documents to be filed with the application form

65What the court will do when an application form is filed

Steps following issue of application form

66Applicant to serve the application form on named respondents

67Applications relating to lasting powers of attorney

68Applications relating to enduring powers of attorney

69Applicant to notify P of an application

70Applicant to notify other persons of an application

71Requirements for certain applications

Responding to an application

72Responding to an application

The parties to the proceedings

73Parties to the proceedings

74Persons to be bound as if parties

75Application to be joined as a party

76Applications for removal as a party to proceedings

PART 10APPLICATIONS WITHIN PROCEEDINGS

77Types of applications for which the Part 10 procedure may be used

78Application notice to be filed

79What an application notice must include

80Service of an application notice

81Applications without notice

Interim Remedies

82Orders for interim remedies

PART 11HUMAN RIGHTS

83General

PART 12DEALING WITH APPLICATIONS

84Dealing with the application

85Directions

Allocation of proceedings

86Court’s jurisdiction in certain kinds of case to be exercised by certain judges

Disputing the jurisdiction of the court

87Procedure for disputing the court’s jurisdiction

Participation in hearings

88Participation in hearings

Reconsideration of court orders

89Orders made without a hearing or without notice to any person

PART 13HEARINGS

Private hearings

90General rule – hearing to be in private

91Court’s general power to authorise publication of information about proceedings

Power to order a public hearing

92Court’s power to order that a hearing be held in public

Supplementary

93Supplementary provisions relating to public or private hearings

PART 14ADMISSIONS, EVIDENCE AND DEPOSITIONS

Admissions

94Making an admission

Evidence

95Power of court to control evidence

96Evidence of witnesses – general rule

97Written evidence – general rule

98Evidence by video link or other means

99Service of witness statements for use at final hearing

100Form of witness statement

101Witness summaries

102Affidavit evidence

103Form of affidavit

104Affidavit made outside the jurisdiction

105Notarial acts and instruments

106Summoning of witnesses

107Power of court to direct a party to provide information

Depositions

108Evidence by deposition

109Conduct of examination

110Fees and expenses of examiners of the court

111Examiners of the court

112Enforcing attendance of a witness

113Use of deposition at a hearing

Taking evidence outside the jurisdiction

114Interpretation

115Where a person to be examined is in another Regulation State

116Where a person to be examined is out of the jurisdiction – letter of request

Section 49 reports

117Reports under section 49 of the Act

118Written questions to person making a report under section 49

PART 15EXPERTS

119References to expert

120Restriction on filing an expert’s report

121Duty to restrict expert evidence

122Experts – overriding duty to the court

123Court’s power to restrict expert evidence

124General requirement for expert evidence to be given in a written report

125Written questions to experts

126Contents of expert’s report

127Use by one party of expert’s report disclosed by another

128Discussions between experts

129Expert’s right to ask court for directions

130Court’s power to direct that evidence is to be given by a single joint expert

131Instructions to a single joint expert

PART 16DISCLOSURE

132Meaning of disclosure

133General or specific disclosure

134Procedure for general or specific disclosure

135Ongoing duty of disclosure

136Right to inspect documents

137Inspection and copying of documents

138Claim to withhold inspection or disclosure of document

139Consequence of failure to disclose documents or permit inspection

PART 17LITIGATION FRIEND

140Who may act as a litigation friend

141Requirement for a litigation friend

142Litigation friend without a court order

143Litigation friend by court order

144Court’s power to prevent a person from acting as litigation friend or to order change

145Appointment of litigation friend by court order – supplementary

146Procedure where appointment of litigation friend comes to an end – for a child or protected party

147Procedure where appointment of litigation friend comes to an end – for P

148Procedure where P ceases to lack capacity

149Practice direction in relation to litigation friends

PART 18CHANGE OF SOLICITOR

150Change of solicitor

151LSC funded clients

152Order that a solicitor has ceased to act

153Removal of solicitor who has ceased to act on application of another party

154Practice direction relating to change of solicitor

PART 19COSTS

155Interpretation

156Property and affairs – the general rule

157Personal welfare – the general rule

158Apportioning costs – the general rule

159Departing from the general rule

160Rules about costs in the Civil Procedure Rules to apply

161Detailed assessment of costs

162Employment of a solicitor by two or more persons

163Costs of the Official Solicitor

164Procedure for assessing costs

165Costs following P’s death

166Costs orders in favour of or against non-parties

167Remuneration of a deputy, donee or attorney

168Practice direction as to costs

PART 20APPEALS

169Scope of this Part

170Interpretation

171Dealing with appeals

172Permission to appeal

173Matters to be taken into account when considering an application for permission

174Parties to comply with the practice direction

175Appellant’s notice

176Respondent’s notice

177Variation of time

178Power of appeal judge on appeal

179Determination of appeals

180Allocation

Appeals to the Court of Appeal

181Appeals against decision of a puisne judge of the High Court, etc

182Second appeals

PART 21ENFORCEMENT

183Enforcement methods – general

184Application of the Civil Procedure Rules 1998 and RSC Orders

Orders for committal

185Contempt of court – generally

186Application for order of committal

187Oral evidence

188Hearing for committal order

189Power to suspend execution of committal order

190Warrant for arrest

191Discharge of person committed

192Penal notices

193Saving for other powers

194Power of court to commit on its own initiative

PART 22TRANSITORY AND TRANSITIONAL PROVISIONS

195Transitory provision: applications by former receivers

196Transitory provision: dealing with applications under rule 195

197Appeal against a decision of a nominated officer

198Application of Rules to proceedings within paragraphs 3 and 12 of Schedule 5 to the Act

199Practice direction

PART 23MISCELLANEOUS

200Order or directions requiring a person to give security for discharge of functions

201Objections to registration of an enduring power of attorney: request for directions

202Disposal of property where P ceases to lack capacity

2007 No. 1744 (L. 12)

mental capacity, england and wales

The Court of Protection Rules 2007

Made25th June 2007

Laid before Parliament4th July 2007

Coming into force1st October 2007

The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice) with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by sections 49(5), 50(2), 51, 53(2) and (4), 55, 56 and 65(1) of the Mental Capacity Act 20051, and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 20052.