Court of Protection (Amendment) Rules 2009: Difference between revisions
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These Rules amend the [[Court of Protection Rules 2007]] by amending rules (rules 6 and 51), adding rules (rule 82A), and adding a Practice Direction (PD 10A) for the new deprivation of liberty jurisdiction. In force 1/4/09. | {{Legislation | ||
|Type=UK Statutory Instrument | |||
==Explanatory note== | |Year=2009 | ||
|Number=0582 | |||
|In force=2009/04/01 | |||
|Subject=Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection | |||
|Summary=These Rules amend the [[Court of Protection Rules 2007]] by amending rules (rules 6 and 51), adding rules (rule 82A), and adding a Practice Direction (PD 10A) for the new deprivation of liberty jurisdiction. In force 1/4/09. | |||
|Detail===Explanatory note== | |||
These Rules amend the Court of Protection Rules 2007 (SI 2007/1744) by adding supporting rules for the new deprivation of liberty jurisdiction which is prospectively inserted into the Mental Capacity Act 2005 (“the Act”) by section 50 of the Mental Health Act 2007 and comes into force on 1st April 2009. | These Rules amend the Court of Protection Rules 2007 (SI 2007/1744) by adding supporting rules for the new deprivation of liberty jurisdiction which is prospectively inserted into the Mental Capacity Act 2005 (“the Act”) by section 50 of the Mental Health Act 2007 and comes into force on 1st April 2009. | ||
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New Part 10A (Deprivation of Liberty matters) is inserted, consisting of new rule 82A which provides that procedure for applications relating to deprivation of liberty issues, and for connected and consequential proceedings, is set out in the practice direction to the Part. | New Part 10A (Deprivation of Liberty matters) is inserted, consisting of new rule 82A which provides that procedure for applications relating to deprivation of liberty issues, and for connected and consequential proceedings, is set out in the practice direction to the Part. | ||
<!--[[Media:COP PD 10A.doc|COP PD 10A: Deprivation of liberty applications]]--> | <!--[[Media:COP PD 10A.doc|COP PD 10A: Deprivation of liberty applications]]--> | ||
|News=No | |||
|RSS pubdate=2021/2/17 10:29:22 AM | |||
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Latest revision as of 10:29, 17 February 2021
Explanatory note
These Rules amend the Court of Protection Rules 2007 (SI 2007/1744) by adding supporting rules for the new deprivation of liberty jurisdiction which is prospectively inserted into the Mental Capacity Act 2005 (“the Act”) by section 50 of the Mental Health Act 2007 and comes into force on 1st April 2009.
The amendments are as follows. In the definition of “P” in rule 6 (interpretation), reference is added to a relevant person as defined by paragraph 7 of Schedule A1 to the Act.
In rule 51 (where the court’s permission is not required), new paragraph (2A) is added specifying the case where an application is made under section 21A of the Act by the relevant person’s representative.
New Part 10A (Deprivation of Liberty matters) is inserted, consisting of new rule 82A which provides that procedure for applications relating to deprivation of liberty issues, and for connected and consequential proceedings, is set out in the practice direction to the Part.Full text: Legislation.gov.uk
Type: UK Statutory Instrument🔍
Year: 2009🔍
Number: 0582
Subject: Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection🔍
In force: 1/4/09
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