MCA s45 text

The Court of Protection

45.—(1) There is to be a superior court of record known as the Court of Protection.

(2) The court is to have an official seal.

(3) The court may sit at any place in England and Wales, on any day and at any time.

(4) The court is to have a central office and registry at a place appointed by the Lord Chancellor [, after consulting the Lord Chief Justice].[1]

(5) The Lord Chancellor may [, after consulting the Lord Chief Justice,][1] designate as additional registries of the court any district registry of the High Court and any county court office.

[(5A) The Lord Chief Justice may nominate any of the following to exercise his functions under this section—

(a) the President of the Court of Protection;
(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).][1]

(6) The office of the Supreme Court called the Court of Protection ceases to exist.


The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.