Court of Protection (Amendment) Rules 2009

These Rules amend the Court of Protection Rules 2007 by amending rules (rules 6 and 51), adding rules (rule 82A), and adding a Practice Direction (PD 10A) for the new deprivation of liberty jurisdiction. In force 1/4/09.

Explanatory note

These Rules amend the Court of Protection Rules 2007 (SI 2007/1744) by adding supporting rules for the new deprivation of liberty jurisdiction which is prospectively inserted into the Mental Capacity Act 2005 (“the Act”) by section 50 of the Mental Health Act 2007 and comes into force on 1st April 2009.

The amendments are as follows. In the definition of “P” in rule 6 (interpretation), reference is added to a relevant person as defined by paragraph 7 of Schedule A1 to the Act.

In rule 51 (where the court’s permission is not required), new paragraph (2A) is added specifying the case where an application is made under section 21A of the Act by the relevant person’s representative.

New Part 10A (Deprivation of Liberty matters) is inserted, consisting of new rule 82A which provides that procedure for applications relating to deprivation of liberty issues, and for connected and consequential proceedings, is set out in the practice direction to the Part.

Resources

Legislation.gov.uk

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