The Court of Protection Rules 2017

PART 1THE OVERRIDING OBJECTIVE

1.1Overriding objective

1.2Participation of P

Duties to further the overriding objective

1.3Court’s duty to manage cases

1.4The duty of the parties

1.5The duty of legal representatives

1.6The duty of unrepresented litigants

PART 2INTERPRETATION AND GENERAL PROVISIONS

2.1Interpretation

2.2Court officers

2.3Court officers – authorisation

2.4Computation of time

2.5Application of the Civil Procedure Rules and Family Procedure Rules

2.6Pilot schemes

PART 3MANAGING THE CASE

3.1The court’s general powers of case management

3.2Case management – unrepresented parties

3.3Court’s power to dispense with requirement of any rule

3.4Exercise of powers on the court’s own initiative

3.5General power of the court to rectify matters where there has been an error of procedure

3.6Dealing with the application

Allocation of proceedings

3.8Court’s jurisdiction in certain kinds of cases to be exercised by certain judges

3.9Allocation of cases to case pathways

Private hearings

4.1General rule – hearing to be held in private

4.2Court’s general power to authorise publication of information about proceedings

Power to order a public hearing

4.3Court’s power to order that a hearing be held in public

4.4Supplementary provisions relating to public or private hearings

PART 5COURT DOCUMENTS

5.1Documents used in court proceedings

5.2Documents required to be verified by a statement of truth

5.3Position statement not required to be verified by statement of truth

5.4Failure to verify a document

5.5Failure to verify a witness statement

5.6False statements

5.7Personal details

5.8Supply of documents to a party from court records

5.9Supply of documents to a non-party from court records

5.10Subsequent use of court documents

5.11Editing information in court documents

5.12Public Guardian to be supplied with court documents relevant to supervision of deputies

5.13Provision of court order to Public Guardian

5.14Amendment of application

5.15Clerical mistakes or slips

5.16Endorsement of amendment

PART 6SERVICE OF DOCUMENTS

Service generally

6.2Who is to serve

6.3Methods of service

6.4Service of documents on children and protected parties

6.5Service of documents on P if P becomes a party

6.6Substituted service

6.7Deemed service

6.8Certificate of service

6.9Certificate of non-service

6.10Power of court to dispense with service

Service out of the jurisdiction

6.11Scope and interpretation

6.12Service of application form and other documents out of the jurisdiction

6.13Period for acknowledging service or responding to application where application is served out of the jurisdiction

6.14Method of service – general provisions

6.15Service in accordance with the Service Regulation

6.16Service through foreign governments, judicial authorities and British Consular authorities

6.17Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

6.18Translation of application form or other document

6.19Undertaking to be responsible for expenses of the Foreign and Commonwealth Office

PART 7NOTIFYING P

General requirement to notify P

7.2Who is to notify P

7.3Notifying P of appointment of a litigation friend, etc.

Circumstances in which P must be notified

7.4Application form

7.6Decisions and orders of the court

7.7Other matters

Manner of notification and accompanying documents

7.8Manner of notification

7.9Acknowledgment of notification

7.10Certificate of notification

7.11Dispensing with requirement to notify, etc.

PART 8PERMISSION

8.2Where the court’s permission is not required

8.3Permission - supplementary

8.4Application for permission

8.5Service of an order giving or refusing permission

8.6Appeal against a permission decision following a hearing

PART 9HOW TO START AND RESPOND TO PROCEEDINGS, AND PARTIES TO PROCEEDINGS

9.2When proceedings are started

9.3Contents of the application form

9.4Documents to be filed with the application form

9.5What the court will do when an application form is filed

Steps following issue of application form

9.6Applicant to serve the application form on named respondents

9.7Applications relating to lasting powers of attorney

9.8Applications relating to enduring powers of attorney

9.9Applicant to notify P of an application

9.10Applicant to notify other persons of an application

9.11Requirements for certain applications

Responding to an application

9.12Responding to an application

The parties to the proceedings

9.13Parties to the proceedings

9.14Persons to be bound as if parties

9.15Application to be joined as a party

9.16Application for removal as a party to proceedings

PART 10APPLICATIONS WITHIN PROCEEDINGS

10.1Types of applications for which the Part 10 procedure may be used

10.2Application notice to be filed

10.3What an application notice must include

10.4Service of an application notice

10.5Applications without notice

10.6Security for costs

10.7Conditions to be satisfied

10.8Security for costs other than from the applicant

10.9Security for costs of an appeal

Interim remedies

10.10Orders for interim remedies

PART 11DEPRIVATION OF LIBERTY

11.1Deprivation of liberty

PART 12HUMAN RIGHTS

PART 13JURISDICTION, WITHDRAWAL OF PROCEEDINGS, PARTICIPATION AND RECONSIDERATION

Disputing the jurisdiction of the court

13.1Procedure for disputing the court’s jurisdiction

Withdrawal of proceedings

13.2Permission required to withdraw proceedings

Participation in hearings

13.3Participation in hearings

Reconsideration of court orders

13.4Orders made without a hearing or without notice to any person

PART 14ADMISSIONS, EVIDENCE AND DEPOSITIONS

14.1Making an admission

14.2Power of court to control evidence

14.3Evidence of witnesses – general rule

14.4Written evidence – general rule

14.5Evidence by video link or other means

14.6Service of witness statements for use at final hearing

14.7Form of witness statement

14.8Witness summaries

14.9Affidavit evidence

14.10Form of affidavit

14.11Affidavit made outside the jurisdiction

14.12Notarial acts and instruments

14.13Summoning of witnesses

14.14Power of court to direct a party to provide information

14.15Evidence by deposition

14.16Conduct of examination

14.17Fees and expenses of examiners of the court

14.18Examiners of the court

14.19Enforcing attendance of a witness

14.20Use of deposition at a hearing

Taking evidence outside the jurisdiction

14.21Interpretation

14.22Where a person to be examined is in another Regulation State

14.23Where a person to be examined is out of the jurisdiction – letter of request

Section 49 reports

14.24Reports under section 49 of the Act

14.25Written questions to person making a report under section 49

15.1References to expert

15.2Restriction on filing an expert’s report

15.3Duty to restrict expert evidence

15.4Experts – overriding duty to the court

15.5Court’s power to restrict expert evidence

15.6General requirement for expert evidence to be given in a written report

15.7Written questions to experts

15.8Contents of expert’s report

15.9Use by one party of expert’s report disclosed by another

15.10Discussions between experts

15.11Expert’s right to ask court for directions

15.12Court’s power to direct that evidence is to be given by a single joint expert

15.13Instructions to a single joint expert

PART 16DISCLOSURE

16.1Meaning of disclosure

16.2General or specific disclosure

16.3Procedure for general or specific disclosure

16.4Ongoing duty of disclosure

16.5Right to inspect documents

16.6Inspection and copying of documents

16.7Claim to withhold inspection or disclosure of documents

16.8Consequence of failure to disclose documents or permit inspection

PART 17LITIGATION FRIENDS AND RULE 1.2 REPRESENTATIVES

SECTION 1 – LITIGATION FRIENDS

17.1Who may act as a litigation friend

17.2Requirement for a litigation friend

17.3Litigation friend without a court order

17.4Litigation friend by court order

17.5Court’s power to prevent a person from acting as a litigation friend or to bring an end to an appointment of a person as a litigation friend or to appoint another one

17.6Appointment of litigation friend by court order – supplementary

17.7Procedure where appointment of a litigation friend comes to an end for a child

17.8Practice direction in relation to litigation friends

SECTION 2 – RULE 1.2 REPRESENTATIVES

17.9Who may act as a rule 1.2 representative for P

17.10Rule 1.2 representative by court order

17.11Application by rule 1.2 representative or by P for directions

17.12Court’s power to prevent a person from acting as a rule 1.2 representative or to bring an end to an appointment of a person as a rule 1.2 representative or to appoint another one

17.13Appointment of rule 1.2 representative by court order – supplementary

17.14Practice direction in relation to rule 1.2 representatives

PART 18CHANGE OF SOLICITOR

18.1Change of solicitor

18.2Legally aided persons

18.3Order that a solicitor has ceased to act

18.4Removal of solicitor who has ceased to act on application of another party

18.5Practice direction relating to change of solicitor

19.1Interpretation

19.2Property and affairs – the general rule

19.3Personal welfare – the general rule

19.4Apportioning costs – the general rule

19.5Departing from the general rule

19.6Rules about costs in the Civil Procedure Rules to apply

19.7Detailed assessment of costs

19.8Employment of a solicitor by two or more persons

19.9Costs of the Official Solicitor

19.10Procedure for assessing costs

19.11Costs following P’s death

19.12Costs orders in favour of or against non-parties

19.13Remuneration of a deputy, donee or attorney

19.14Practice direction as to costs

20.1Scope of this Part

20.2Interpretation

20.3Dealing with appeals

20.4Destination of appeals

20.5Permission to appeal – appeals to the Court of Appeal

20.6Permission to appeal – other cases

20.7Appeal against an order for committal to prison

20.8Matters to be taken into account when considering an application for permission

20.9Power to treat application for permission to appeal as application for reconsideration under rule 13.4

20.10Appellant’s notice

20.11Respondent’s notice

20.12Variation of time

20.13Power of appeal judge on appeal

20.14Determination of appeals

PART 21APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT

SECTION 1 – SCOPE AND INTERPRETATION

21.2Saving for other powers

21.3Interpretation

SECTION 2 – COMMITTAL FOR BREACH OF A JUDGMENT, ORDER OR UNDERTAKING TO DO OR ABSTAIN FROM DOING AN ACT

21.4Enforcement of judgment, order or undertaking to do or abstain from doing an act

21.5Requirement for service of a copy judgment or order and time for service

21.6Method of service – copies of judgments or orders

21.7Method of service – copies of undertakings

21.8Dispensation with personal service

21.9Requirement for a penal notice on judgments and orders

21.10How to make the committal application

21.11Committal for breach of a solicitor’s undertaking

SECTION 3 – CONTEMPT IN THE FACE OF THE COURT

21.12Contempt in the face of the court

SECTION 4 – COMMITTAL FOR INTERFERENCE WITH THE DUE ADMINISTRATION OF JUSTICE

21.14Court to which application for permission under this Section is to be made

21.15Application for permission

SECTION 5 – COMMITTAL FOR MAKING A FALSE STATEMENT OF TRUTH

21.16Scope and interaction with other Sections of this Part

21.17Committal application in relation to a false statement of truth

SECTION 6 – WRIT OF SEQUESTRATION TO ENFORCE A JUDGMENT, ORDER OR UNDERTAKING

21.19Writ of sequestration to enforce a judgment, order or undertaking

21.20Requirement for service of a copy of the judgment or order and time for service

21.21Method of service – copies of judgments or orders

21.22Method of service – copies of undertakings

21.23Dispensation with personal service

21.24Requirement for a penal notice on judgments and orders

21.25How to make an application for permission to issue a writ of sequestration

21.26Form of writ of sequestration

SECTION 7 – GENERAL RULES ABOUT COMMITTAL APPLICATIONS, ORDERS FOR COMMITTAL AND WRITS OF SEQUESTRATION

21.27Hearing for committal order or writ of sequestration to be in public

21.28The hearing

21.29Power to suspend execution of a committal order

21.30Warrant of committal

21.31Discharge of a person in custody

21.32Discharge of a person in custody where a writ of sequestration has been issued

PART 22CIVIL RESTRAINT ORDERS

22.1Powers of the court to make civil restraint orders

PART 23INTERNATIONAL PROTECTION OF ADULTS

23.1Applications in connection with Schedule 3 to the Act – general

23.2Interpretation

23.3Application of these Rules in relation to Schedule 3 applications

23.4Applications for recognition and enforcement

23.5Applications in relation to lasting powers – disapplication or modification

23.6Applications in relation to lasting powers – declaration as to authority of donee of lasting power

PART 24MISCELLANEOUS

24.1Enforcement methods – general

24.2Enforcement methods – application of the Civil Procedure Rules 1998

24.3Order or directions requiring a person to give security for discharge of functions

24.4Objections to registration of an enduring power of attorney – request for directions

24.5Disposal of property where P ceases to lack capacity

24.6Citation and commencement, revocations and transitional provision

SCHEDULERevocations

2017 No. 1035 (L. 16)

Mental Capacity, England And Wales

The Court of Protection Rules 2017

Made26th October 2017

Laid before Parliament30th October 2017

Coming into force1st December 2017

The President of the Family Division (the judicial office holder nominated by the Lord Chief Justice), being President of the Court of Protection, 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.