The Court of Protection Rules 2007

UK Statutory Instrument 2007 No. 1744 — creates 1 criminal offence.

Made

25 June 2007

In force from

1 October 2007

Extent

Not stated

Subject

Education, social security, pensions and public services

Made under

Mental Capacity Act 2005, Part 1 of Schedule 1 to the Constitutional Reform Act 2005

Explanatory note

(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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). Part 2 of the Rules sets out the overriding objective that is to be applied whenever the court exercises its powers under the Rules, or interprets any rule or practice direction. Part 3 contains provisions for interpreting the Rules and for the Civil Procedure Rules 1998 to be applied insofar as may be necessary to further the overriding objective. Part 4 makes provision as to court documents, including the requirement for certain documents to be verified by a statement of truth. Part 5 sets out the court’s general case management powers, and includes the power to dispense with the requirement of any rule. The Rules provide procedures for serving documents (Part 6), notifying the person who lacks capacity and who is the subject matter of the application of certain documents and events (Part 7), seeking permission to start proceedings (Part 8), starting proceedings (Part 9), making interim applications and applications within proceedings (Part 10), as to how applications will be dealt with (Part 12) and as to hearings (Part 13), including provisions as to publication of information and as to privacy and publicity of proceedings. The Rules set out procedures to be followed in relation to evidence (Parts 14 and 15), disclosure (Part 16), appointment of litigation friends (Part 17), change of solicitor (Part 18), costs (Part 19), appeals (Part 20), the enforcement of orders (Part 21) and transitory and transitional matters (Part 22). The detail of the transitional and transitory procedures is provided in the practice directions.

Offences created by this instrument

• Penal notices rule 192(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Court of Protection Rules Lords · Written Statements · 4 July 2007 · The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Hunt of Kings Heath)

  My right honourable friend the Secretary of State and Lord Chancellor has made the following Written Ministerial Statement. I have today laid before Parliament the Court of Protection Rules 2007, the Mental Capacity Act 2005 (Transfer of Proceedings) Order and the Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007. The Mental Capacity Act 2005 establishes a new specialist court, the Court of Protection, with a jurisdiction to deal with decision-making for people who lack mental capacity to make those decisions for themselves. The Act, as amended, provides for…

• Court of Protection Rules Commons · Written Statements · 4 July 2007 · The Secretary of State for Justice and Lord Chancellor (Mr. Jack Straw)

  I have today laid before Parliament the Court of Protection Rules 2007, the Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007 and the Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007. The Mental Capacity Act 2005 establishes a new specialist court, the Court of Protection, with a jurisdiction to deal with decision making for people who lack mental capacity to make those decisions for themselves. The Act as amended provides for rules of court to be made by the Lord Chief Justice (or his judicial nominee), with the Lord Chancellor's agreement, to…

• Legal Services Act 2007 (Functions of an Approved Regulator) Order 2009 Lords · Grand Committee · 2 December 2009 · Lord Tunnicliffe

  My Lords, I shall also speak to the second order in my name on the Order Paper. Noble Lords who have followed the reform of legal services regulation will be aware that it has long been the Government’s intention to see the new Legal Services Act 2007 regulatory regime go live at the beginning of 2010. The sixth Legal Services Act commencement order, which we intend to bring into force in January 2010, will see the Legal Services Board assume its full regulatory powers and approved regulators authorising individuals and bodies to carry on reserved legal activities. Provisions relating to the…

• Mental Capacity Act 2005 Lords · Grand Committee · 29 March 2010 · The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bach)

  I congratulate the noble Baroness, Lady Finlay, on getting the authority from the usual channels to find time for this debate. As I said earlier today, there seems to be a great deal of pressure on time at present—I cannot think why—so the noble Baroness needs double congratulation on finding time for this debate. If the noble Lord, Lord Henley, will forgive me, we have in this Room three experts on this Act who played important parts in the passage of the Bill from its early days to Royal Assent. We are lucky that they have found time tonight to come and talk about how the Act is doing. I…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2007