The Court of Protection (Amendment) Rules 2004 No. 1291

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2004 No. 1291
MENTAL HEALTH, ENGLAND AND WALES
The Court of Protection (Amendment) Rules 2004

	Made	6th May 2004
	Laid before Parliament	11th May 2004
	Coming into force	1st June 2004

The Lord Chancellor, in exercise of the powers conferred upon him by sections 106 and 108 of the Mental Health Act 1983[1], and with the consent of the Treasury as required by section 106(5) of that Act, makes the following Rules:

Citation, commencement and interpretation
     1. - (1) These Rules may be cited as the Court of Protection (Amendment) Rules 2004 and shall come into force on 1st June 2004.

    (2) In these Rules a reference to a rule by number alone means the rule so numbered in the Court of Protection Rules 2001[2] and a reference to the Appendix means the Appendix to those Rules.

Amendments to the Court of Protection Rules 2001
     2. In the Arrangement of Rules in the Court of Protection Rules 2001 -

78A

80A

3. In rule 65 -

(a) omit paragraph (1); and

(b) in paragraph (6), for "paragraph (1)", substitute "paragraph (3)".

     4. In rule 66, for "63", substitute "61".

     5. In rule 76(3), for "rules 77A, 78, 79 and 82", substitute "rules 77A, 78 and 78A".

     6. In rule 78 -

(a) for paragraph (1), substitute -

" (1) An administration fee shall be payable -

where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year."; and

(b) omit paragraph (5).

7. After rule 78, insert -

" Account fee

78A -

(1) An account fee shall be payable on the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2).

(2) Where the court dispenses with the passing of an account under rule 61(4) or 65(3) the account fee -

8. After rule 80, insert -

" Fees where officer of the court appointed receiver

80A.

- (1) Subject to paragraph (2), an appointment fee shall be payable, as set out in paragraph 4A of the Appendix, on the appointment of an officer of the court as receiver for a patient.

(2) Where proceedings are terminated within 4 weeks after the appointment, the fee referred to in paragraph (1) shall cease to be payable and any fee paid in accordance with that paragraph shall be refunded.

(3) Where an officer of the court has been appointed receiver for a patient -

where the period for which the receivership administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year; and

(c) the court shall annually, or at such other intervals as it may direct, issue a certificate in respect of each patient stating -

(4) Upon the issue of a certificate under paragraph (3)(c) the amount of the fee shall be charged upon the patient's estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the court may allow.

(5) In any case in which it appears to the court that the amount of the fee certified under paragraph (3)(c) has been wrongly assessed, the court may direct that the fee is to be adjusted as it appears to it to be convenient."

     9. In rule 84(1), after "paid out of his estate", insert "or paid".

     10. - (1) The Appendix shall be amended in accordance with the following paragraphs of this rule.

    (2) In column 2 of paragraph 1 for "Ł70.00", substitute "Ł230.00".

    (3) In column 2 of paragraph 1A for "Ł515.00", substitute "Ł300.00".

    (4) In column 2 of paragraph 2 for "Ł220.00", substitute "Ł230.00".

    (5) After paragraph 2 insert -

"

Account fee (rule 78A)

     2A. On the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2).

Ł95.00

".

(6) In column 1 of paragraph 3(1) -

    (7) In column 2 of paragraph 3(1)(i) and (ii) for "Ł50.00", wherever it occurs, substitute "Ł100.00".

    (8) In column 2 of paragraph 3(1) (iii) for "Ł50.00", substitute "Ł60.00".

    (9) In column 2 of paragraphs 3(1)(iv), (v) and (vi) and 3(2), for "Ł120.00", wherever it occurs, substitute "Ł125.00".

    (10) In column 2 of paragraph 3(3), for "Ł505.00", substitute "Ł520.00".

    (11) In column 2 of paragraph 3(4), for "Ł185.00", substitute "Ł190.00".

    (12) In column 2 of paragraph 3(5), for "Ł155.00", substitute "Ł160.00".

    (13) For paragraph 4, substitute -

"

Detailed assessment of costs (rule 80)

     4. -

    (1) On the filing of a request for a detailed assessment of costs -



(i) where the bill of costs does not exceed Ł3,000 excluding VAT and disbursements

Ł100.00

(ii) in all other cases

Ł200.00

    (2) On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate

Ł60.00

".

(14) After paragraph 4, insert -

"

Fees where officer of the court appointed receiver (rule 80A)
4A. On the appointment of an officer of the court as receiver	Ł1,000.00
4B. On the completion of an Inland Revenue tax return on behalf of the patient, where an officer of the court has been appointed receiver	Ł500.00
4C. Receivership administration fee, where an officer of the court has been appointed receiver	Ł3,500.00

(15) For paragraph 7, substitute -

"

Winding up fee (rule 82)
7. On the death of a patient:
(i) where an officer of the court has been appointed receiver	Ł850.00
(ii) otherwise	Ł275.00

Transitional provisions

11.

- (1) Where an appointment fee is payable under rule 77A upon the appointment of a receiver but the application for his appointment was received by the court before 1st June 2004, the Court of Protection Rules 2001 ("the 2001 Rules") shall have effect as if -

(2) Where -

the 2001 Rules shall have effect as if rules 10(6) and 10(7) of these Rules had not been made.

(3) No transaction fee under rule 79(1) shall be payable where -

(4) No appointment fee under rule 80A(1) shall be payable where the application for the appointment of a receiver was received by the court before 1st June 2004.

(5) Where a receivership administration fee is payable under rule 80A(3)(b) on an anniversary date falling before 31st May 2005, the fee payable shall be the proportion of the full fee as the period between 1st June 2004 and the anniversary bears to one year.

Signed by authority of the Lord Chancellor

Filkin
Parliamentary Under Secretary of State, Department for Constitutional Affairs

Date 5th May 2004

We consent

Joan Ryan,

John Heppell
Two of the Lord's Commissioners of Her Majesty's Treasury

Dated 6th May 2004

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make various amendments to the Court of Protection Rules 2001 (S.I. 2001/824).

1) amounts of various fees are amended, as follows -

Fees	Old Fee	New Fee
Commencement fee (rule 77)	Ł70	Ł230
Receivership appointment fee (rule 77A)	Ł515	Ł300
Administration fee (rule 78)	Ł220	Ł230
Transaction fees (rule 79):
Applications for orders etc under -
- Mental Health Act 1983, s 100 (vesting of stock in a curator)	Ł50.00	Ł60.00
- Mental Health Act 1983, s 96(1)(k) (exercise of powers)	Ł120	Ł125
- Trustee Act 1925, s 54 (trusts)	Ł120	Ł125
- Trusts of Land and Appointment of Trustees Act 1996, s 20 (authorisation of person to act as trustee)	Ł120	Ł125
- Mental Health Act 1983 s 96 (1) (settlement or gift of property, carrying out of contract) and Variation of Trusts Act 1958 s 1(3) (variation of trust for benefit of patient).	Ł50 or, in a "special case" 1/4% of the pecuniary consideration as referred to in rule 79 up to a maximum of Ł500	Ł100 or, in a "special case" 1/4% of the pecuniary consideration as referred to in rule 79 up to a maximum of Ł1000
- Trustee Act 1925, s 36(9) (appointment of trustees)	Ł120	Ł125
- Mental Health Act 1983, s 96(1)(e) (execution of will)	Ł505	Ł520
Application for the appointment of a new receiver	Ł185	Ł190
Application for an order or direction under s 96(1)(b) or (c) of the Mental Health Act 1983 ordering or authorising the sale or purchase of any land	Ł155	Ł160
Winding-up fee (rule 82) - Death of a patient	Ł360	Ł275

    (2) Some minor drafting amendments are made to rules 65, 78 and 84 and paragraph (5) of rule 78 is omitted because it has become obsolete (rules 3, 4, 6 and 9).

    (3) Rule 76(3) is amended so that the new account fee payable under rule 78A (see below) is disapplied and the transaction and winding up fees are reinstated, where the receiver is an officer of the court (rule 5).

    (4) A new rule 78A is inserted providing for a new account fee, payable on the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2). This fee is set at Ł95.00 (rule 7).

    (5) A new rule 80A is inserted to introduce fees payable where an officer of the court has been appointed as receiver. Appointment and administration fees are set at Ł1,000.00 and Ł3,500.00 respectively. Appointment and administration fees existed in the Court of Protection Rules 2001, but were removed in the Court of Protection (Amendment) Rules 2002[

rule 8

rule 10(13)

rule 10(15)

(7) Rule 11 provides various transitional provisions. Rule 11(1) provides that where an application for the appointment of a receiver is received before 1st June 2004, the receivership appointment fee shall be Ł460 instead of the new fee of Ł300. This is because in those cases the previous commencement fee of Ł70 payable on the application will apply instead of the new fee of Ł230. Therefore the joint cost of the fees on the appointment of a receiver (Ł530) will be the same as if the new fees had been applicable. Before the amendments made by these Rules the joint cost of the fee payable on the appointment was Ł585.

Notes:

[1] 1983 c. 20.

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[2] S.I. 2001/824; amended by S.I. 2001/2977, S.I. 2002/833 and S.I. 2003/1733.back

[3] S.I. 2002/833.back

Prepared 18 May 2004

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	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Court of Protection (Amendment) Rules 2004 No. 1291 URL: http://www.bailii.org/uk/legis/num_reg/2004/20041291.html

Account fee (rule 78A)
2A. On the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2).	Ł95.00

Detailed assessment of costs (rule 80)
4. - (1) On the filing of a request for a detailed assessment of costs -
(i) where the bill of costs does not exceed Ł3,000 excluding VAT and disbursements	Ł100.00
(ii) in all other cases	Ł200.00
(2) On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate	Ł60.00