Court of Protection (Amendment) Rules 2011
These Rules add rule 7A to the Court of Protection Rules 2007 to enable the Senior Judge or the President to authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in the relevant practice direction. Such a court officer: (a) must refer to a judge any application, proceedings or any question arising in any application or proceedings which ought, in the officer’s opinion, to be considered by a judge; (b) may not deal with any application or proceedings or any question arising in any application or proceedings by way of a hearing; and (c) may not deal with an application for the reconsideration of an order made by that court officer or another court officer. In force 12/12/11.
See also
- Court of Protection Practice Directions. PD 3A (Authorised Court Officers) comes into force on 12/12/11
Amendment
This is the amendment (new rule 7A):
7A.—(1) The Senior Judge or the President may authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in the relevant practice direction.
(2) A court officer who has been authorised under paragraph (1)—
- (a) must refer to a judge any application, proceedings or any question arising in any application or proceedings which ought, in the officer’s opinion, to be considered by a judge;
- (b) may not deal with any application or proceedings or any question arising in any application or proceedings by way of a hearing; and
- (c)may not deal with an application for the reconsideration of an order made by that court officer or another court officer.
Explanatory Note
These Rules amend the Court of Protection Rules 2007 (S.I. 2007/1744) so as to enable authorised court officers to exercise the court’s jurisdiction in the circumstances specified in the relevant practice direction. Such officers however will not be able to deal with any application or proceedings by way of a hearing nor an application for the reconsideration of their own or another authorised court officer’s decision. Authorised court officers will be required to refer any issue that arises to a judge for the judge’s consideration.Full text: Legislation.gov.uk
Type: UK Statutory Instrument🔍
Year: 2011🔍
Number: 2753
Subject: Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection🔍
In force: 12/12/11
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