Civil Procedure (Amendment) Rules 2005

These Rules amend the Civil Procedure Rules by enabling a patient to be made a respondent to a s29 nearest relative displacement application. In force 4/4/05. The amended Rule (CCR Order 49 rule 12) was revoked on 6/4/07 but a similar position is retained in CPR PD8A para 18.3 which states: "(1) the nearest relative must be made a respondent, unless (a) the application is made on the grounds that the patient has no nearest relative or that it is not reasonably practicable to ascertain whether he has a nearest relative; or (b) the court orders otherwise; and (2) the court may order that any other person shall be made a respondent."

Extract from Explanatory Note

These Rules amend the Civil Procedure Rules 1998 by—

(a) deleting words from CCR Order 49, rule 12(3)(b) to enable a patient to be made a respondent to an application under section 29 of the Mental Health Act 1983 for an order that the functions of his nearest relative shall be exercisable by some other person; ...

Extracts from Explanatory Memorandum

2. Description

2.1 The instrument amends the Civil Procedure Rules 1998 (“the CPR”) by:-

(a) deleting words from CCR Order 49, rule 12(3)(b) to enable a patient to be made a respondent to an application under section 29 of the Mental Health Act 1983;

4. Legislative Background

4.2 Certain provisions of the County Court Rules (“CCR”) are preserved in Schedule 2 to the CPR. The amendment to CCR Order 49, rule 12 (in rule 8 of the instrument) concerns proceedings under section 29 Mental Health Act 1983 for an order that the functions of the nearest relative should be exercisable by some other person. Rule 12(3) concerns who may be joined as a respondent to an application under that section, and rule 12(3)(b) states that “the court may order that any other person, not being the patient, shall be made a respondent”.

7. Policy background

7.2 CCR Order 49, rule 12(3)(b) is amended to allow a patient to be joined as a respondent to proceedings under section 29 of the Mental Health Act 1983. The current rule, which replicates an old provision, precludes the patient from being joined in proceedings under that section. It is considered that this restriction is no longer appropriate to safeguard the patient’s interests. The CPRC has decided that it would be appropriate to amend the rule to permit the court to make an order allowing the patient to be joined as respondent in proceedings under that section.