The Court of Protection (Amendment) Rules 2022

Made: 16th November 2022

Laid before Parliament: 17th November 2022

Coming into force: 1st January 2023

The President of the Family Division (the judicial office holder nominated by the Lord Chief Justice), being President of the Court of Protection, makes the following Rules in exercise of the powers conferred by section 51 of the Mental Capacity Act 2005[^f00001], and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005[^f00002].

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Court of Protection (Amendment) Rules 2022 and come into force on 1st January 2023.

• (2) In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Court of Protection Rules 2017[^f00003].

Amendment to the Court of Protection Rules 2017

2

The Court of Protection Rules 2017 are amended as set out in rules 3 to 5 of these Rules.

Amendment of Part 6

3

In rule 6.3—

• (a) in paragraph (4), for “(2) and (3)” substitute “(2), (3) and (6)”; and

• (b) for paragraph (6) substitute—

(6) Documents may be served by document exchange or electronic communication in accordance with the relevant practice direction.

Amendment of Part 9

4

In rule 9.1—

• (a) in paragraph (1)—

• (i) for “Applications” substitute “Subject to paragraph (3), applications”; and

• (ii) for “Part 8” substitute “Parts 7 and 8”; and

• (b) after paragraph (2) insert—

(3) Practice Direction 9H makes additional and different provision for property and affairs deputyship applications.

Substitution of Part 21

5

For Part 21, substitute Part 21 as set out in the Schedule to these Rules.

SCHEDULE

Signed

Sir Andrew McFarlane — President of the Family Division

I allow these Rules

Mike Freer — Parliamentary Under-Secretary of State for Justice — Ministry of Justice — 16th November 2022

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Court of Protection Rules 2017 (S.I. 2017/1035) to substitute for Part 21 of those Rules a new Part 21, for the purpose of making provision for a consistent approach in relation to contempt proceedings having regard to the relevant provisions of the Civil Procedure Rules 1998 (S.I. 1998/3132 – see Part 81 as substituted by S.I. 2020/747) and the Family Procedure Rules 2010 (S.I. 2010/2955 – see Part 37 as substituted by S.I. 2020/758).

These Rules also make minor amendments in rules 6.3 and 9.1 of the Court of Protection Rules 2017, principally to clarify the rules for electronic service and to make reference to a new practice direction supplementing the Rules.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2005 c. 9. Section 51 was amended by S.I. 2006/1016, article 2, Schedule 1 paragraphs 30 and 34.

[^f00002]: 2005 c. 4.

[^f00003]: S.I. 2017/1035. There are amendments, but none is relevant.