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The Court of Protection Rules 2017

Type Statutory-Instrument

Publication 2017-10-26

Last updated 2025-10-01

State In force

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Made: 26th October 2017

Laid before Parliament: 30th October 2017

Coming into force: 1st December 2017

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 sections 49(5), 50(2), 51, 53(2) and (4), 55, 56 and 65(1) of the Mental Capacity Act 2005 , and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 .

PART 1 — THE OVERRIDING OBJECTIVE

The overriding objective	Rule 1.1
Participation of P	Rule 1.2
Duties to further the overriding objective	Duties to further the overriding objective
Court's duty to manage cases	Rule 1.3
The duty of the parties	Rule 1.4
The duty of legal representatives	Rule 1.5
The duty of unrepresented litigants	Rule 1.6

Overriding objective

1.1

(1) These Rules have the overriding objective of enabling the court to deal with a case justly and at proportionate cost, having regard to the principles contained in the Act.

(2) The court will seek to give effect to the overriding objective when it—

(a) exercises any power under the Rules; or

(b) interprets any rule or practice direction.

(3) Dealing with a case justly and at proportionate cost includes, so far as is practicable—

(a) ensuring that it is dealt with expeditiously and fairly;

(b) ensuring that P’s interests and position are properly considered;

(d) ensuring that the parties are on an equal footing;

(e) saving expense;

(f) allotting to it an appropriate share of the court’s resources, while taking account of the need to allot resources to other cases; and

(g) enforcing compliance with rules, practice directions and orders.

Participation of P

1.2

(1) The court must in each case, on its own initiative or on the application of any person, consider whether it should make one or more of the directions in paragraph (2), having regard to—

(a) the nature and extent of the information before the court;

(b) the issues raised in the case;

(d) whether P has been notified in accordance with the provisions of Part 7 and what, if anything, P has said or done in response to such notification.

(2) The directions are that—

(a) P should be joined as a party;

(b) P’s participation should be secured by the appointment of an accredited legal representative to represent P in the proceedings and to discharge such other functions as the court may direct;

(c) P’s participation should be secured by the appointment of a representative whose function shall be to provide the court with information as to the matters set out in section 4(6) of the Act and to discharge such other functions as the court may direct;

(d) P should have the opportunity to address (directly or indirectly) the judge determining the application and, if so directed, the circumstances in which that should occur;

(e) P’s interests and position can properly be secured without any direction under sub-paragraphs (a) to (d) being made or by the making of an alternative direction meeting the overriding objective.

(3) Any appointment or directions made pursuant to paragraph (2)(b) to (e) may be made for such period or periods as the court thinks fit.

(4) Unless P has capacity to conduct the proceedings, an order joining P as a party shall only take effect—

(a) on the appointment of a litigation friend on P’s behalf; or

(b) if the court so directs, on or after the appointment of an accredited legal representative.

(5) If the court has directed that P should be joined as a party but such joinder does not occur because no litigation friend or accredited legal representative is appointed, the court shall record in a judgment or order—

(a) the fact that no such appointment was made; and

(b) the reasons given for that appointment not being made.

(6) A practice direction may make additional or supplementary provision in respect of any of the matters set out in this rule.

(The appointment of litigation friends, accredited legal representatives and representatives under paragraph (2)(c) is dealt with under Part 17.)

(“Accredited legal representative” is defined in rule 2.1.)

Duties to further the overriding objective

Court's duty to manage cases

1.3

(1) The court must further the overriding objective by actively managing cases.

(2) The court must manage a case at all times and in particular—

(a) when a case is referred to a judge;

(b) at every hearing, whether listed by the court on its own initiative or on application by a party;

(d) when considering enforcement measures including committal.

(3) Active case management includes—

(a) considering the appropriate case pathway for the case;

(b) ensuring—

(i) that the appropriate judge is allocated to the case;

(ii) judicial continuity, so far as practicable;

(d) encouraging the parties to co-operate with each other in the conduct of the proceedings;

(e) identifying at an early stage—

(i) the issues; and

(ii) who should be a party to the proceedings;

(f) deciding promptly—

(i) which issues need a full investigation and hearing and which do not; and

(ii) the procedure to be followed in the case;

(g) deciding the order in which issues are to be resolved;

(h) encouraging the parties to use an alternative dispute resolution procedure if the court considers that appropriate;

(i) fixing timetables or otherwise controlling the progress of the case;

(j) considering whether the likely benefits of taking a particular step justify the cost of taking it;

(k) dealing with as many aspects of the case as the court can on the same occasion;

(l) dealing with the case without the parties needing to attend at court;

(m) making use of technology;

(n) giving directions to ensure that the case proceeds quickly and efficiently;

(o) considering whether any hearing should be heard in public; and

(p) considering whether any document relating to proceedings should be a public document and, if so, whether and to what extent it should be redacted.

(Rules 4.2 to 4.4 make provision about the court’s powers to authorise publication of information about proceedings and to order that a hearing be held in public.)

The duty of the parties

1.4

(1) The parties are required to help the court to further the overriding objective.

(2) Without prejudice to the generality of paragraph (1), each party is required to—

(a) ask the court to take steps to manage the case if—

(i) an order or direction of the court appears not to deal with an issue; or

(ii) if a matter including any new circumstances, issue or dispute arises of which the court is unaware;

(b) identify before issue if the case is within the scope of one of the case pathways and comply with the requirements of the applicable case pathway;

(c) co-operate with the other parties and with the court in identifying and narrowing the issues that need to be determined by the court, and the timetable for that determination;

(d) adhere to the timetable set by these Rules and by the court;

(e) comply with all directions and orders of the court;

(f) be full and frank in the disclosure of information and evidence to the court (including any disclosure ordered under Part 16);

(g) co-operate with the other parties in all aspects of the conduct of the proceedings, including in the preparation of bundles.

(3) If the court determines that any party has failed without reasonable excuse to satisfy the requirements of this rule, it may under rule 19.5 depart from the general rules about costs in so far as they apply to that party.

(Rule 16.2(2) deals with the requirements of general disclosure.)

The duty of legal representatives

1.5

(1) Legal representatives of parties are required to help the court to further the overriding objective.

(2) Without prejudice to the generality of paragraph (1), a legal representative of a party must—

(a) comply with any applicable rules, practice directions or orders of the court;

(b) follow (where appropriate) the applicable case pathway; and

The duty of unrepresented litigants

1.6

(1) Without prejudice to the generality of rule 1.4, unrepresented litigants are required to help the court to further the overriding objective.

(2) This includes—

(a) engaging with the process applicable in the case and co-operating with the court and the other parties;

(b) seeking the court’s direction if an issue or dispute arises in the case;

(d) seeking early resolution of any dispute where practicable.

PART 2 — INTERPRETATION AND GENERAL PROVISIONS

Interpretation	Rule 2.1
Court officers	Rule 2.2
Court officers – authorisation	Rule 2.3
Computation of time	Rule 2.4
Application of the Civil Procedure Rules and Family Procedure Rules	Rule 2.5
Pilot schemes	Rule 2.6

Interpretation

2.1

In these Rules—

“the Act” means the Mental Capacity Act 2005;

“accredited legal representative” means a legal representative authorised pursuant to a scheme of accreditation approved by the President to represent persons meeting the definition of “P” in this rule in proceedings before the court;

“applicant” means a person who makes, or who seeks permission to make, an application to the court;

“application form” means the document that is to be used to begin proceedings in accordance with Part 9 of these Rules or any other provision of these Rules or the practice directions which requires the use of an application form;

“application notice” means the document that is to be used to make an application in accordance with Part 10 of these Rules or any other provision of these Rules or the practice directions which requires the use of an application notice;

“attorney” means the person appointed as such by an enduring power of attorney created, or purporting to have been created, in accordance with the regulations mentioned in paragraph 2 of Schedule 4 to the Act;

“business day” means a day other than— a Saturday, Sunday, Christmas Day or Good Friday; or a bank holiday in England and Wales, under the Banking and Financial Dealings Act 1971[^f00003];

“child” means a person under 18;

“civil restraint order” means an order restraining a party— from making any further applications in current proceedings (a limited civil restraint order); from making certain applications in the Court of Protection (an extended civil restraint order); or from making any application in the Court of Protection (a general civil restraint order);

“court” means the Court of Protection;

“deputy” means a deputy appointed under the Act;

“donee” means the donee of a lasting power of attorney;

“donor” means the donor of a lasting power of attorney, except where the expression is used in rule 9.8 or 24.4(5) (where it means the donor of an enduring power of attorney);

“enduring power of attorney” means an instrument created in accordance with such of the regulations mentioned in paragraph 2 of Schedule 4 to the Act as applied when it was executed;

“filing” in relation to a document means delivering it, by post or otherwise, to the court office;

“hearing” includes a hearing conducted by telephone, video link, or any other method permitted or directed by the court;

“judge” means a judge nominated to be a judge of the court under the Act;

“lasting power of attorney” has the meaning given in section 9 of the Act;

“legal representative” means a— barrister; solicitor; solicitor’s employee; manager of a body recognised under section 9 of the Administration of Justice Act 1985[^f00004]; or person who, for the purposes of the Legal Services Act 2007[^f00005], is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act), who has been instructed to act for a party in relation to any application;

“legally aided person” means a person to whom civil legal services (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00006]) have been made available under arrangements made for the purposes of Part 1 of that Act;

“order” includes a declaration made by the court;

“P” means— any person (other than a protected party) who lacks or, so far as consistent with the context, is alleged to lack capacity to make a decision or decisions in relation to any matter that is the subject of an application to the court; and a relevant person as defined by paragraph 7 of Schedule A1 to the Act, and references to a person who lacks capacity are to be construed in accordance with the Act;

“party” is to be construed in accordance with rule 9.13;

“personal welfare” is to be construed in accordance with section 17 of the Act;

“President” and “Vice-President” refer to those judges appointed as such under section 46(3)(a) and (b) of the Act;

“property and affairs” is to be construed in accordance with section 18 of the Act;

“protected party” means a party or an intended party (other than P or a child) who lacks capacity to conduct the proceedings;

“representative” means a person appointed under rule 1.2(2)(c), except where the context otherwise requires;

“respondent” means a person who is named as a respondent in the application form or notice, as the case may be;

“rule 1.2 representative” means a representative or an accredited legal representative;

“Senior Judge” means the judge who has been nominated to be Senior Judge under section 46(4) of the Act, and references in these Rules to a circuit judge include the Senior Judge;

“Tier 1 Judge” means any judge nominated to act as a judge of the Court of Protection under section 46 of the Act who is neither a Tier 2 Judge nor a Tier 3 Judge;

“Tier 2 Judge” means— the Senior Judge; and such other judges nominated to act as a judge of the Court of Protection under section 46 of the Act as may be set out in the relevant practice direction;

“Tier 3 Judge” means— the President; the Vice-President; and such other judges nominated to act as a judge of the Court of Protection under section 46 of the Act as may be set out in the relevant practice direction;

“Visitor” means a person appointed as such by the Lord Chancellor under section 61 of the Act.

Court officers

2.2

(1) Where these Rules permit or require the court to perform an act of a purely formal or administrative character, that act may be performed by a court officer.

(2) A requirement that a court officer carry out any act at the request of any person is subject to the payment of any fee required by a fees order for the carrying out of that act.

Court officers – authorisation

2.3

(1) The Senior Judge or the President or the Vice-President may authorise a court officer to exercise the jurisdiction of the court in such circumstances as may be 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.

Computation of time

2.4

(1) This rule shows how to calculate any period of time which is specified—

(a) by these Rules;

(b) by a practice direction; or

(2) A period of time expressed as a number of days must be computed as clear days.

(3) In this rule, “clear days” means that in computing the number of days—

(a) the day on which the period begins; and

(b) if the end of the period is defined by reference to an event, the day on which that event occurs,

are not included.

(4) Where the specified period is 7 days or less, and would include a day which is not a business day, that day does not count.

(5) When the specified period for doing any act at the court office ends on a day on which the office is closed, that act will be done in time if done on the next day on which the court office is open.

Application of the Civil Procedure Rules and Family Procedure Rules

2.5

(1) In any case not expressly provided for by these Rules or the practice directions made under them, the court may apply either the Civil Procedure Rules 1998[^f00007] or the Family Procedure Rules 2010[^f00008] (including in either case the practice directions made under them) with any necessary modifications, in so far as is necessary to further the overriding objective.

(2) A reference in these Rules to the Civil Procedure Rules 1998 or to the Family Procedure Rules 2010 is to the version of those rules in force at the date specified for the purpose of that reference in the relevant practice direction.

Pilot schemes

2.6

(1) Practice directions may make provision for the operation of pilot schemes for assessing the use of new practices and procedures in connection with proceedings—

(a) for specified periods; and

(b) in relation to proceedings—

(i) in specified parts of the country; or

(ii) relating to specified types of application.

(2) Practice directions may modify or disapply any provision of these Rules during the operation of such pilot schemes.

PART 3 — MANAGING THE CASE

The court's general powers of case management	Rule 3.1
Case management – unrepresented parties	Rule 3.2
Court's power to dispense with requirement of any rule	Rule 3.3
Exercise of powers on the court's own initiative	Rule 3.4
General power of the court to rectify matters where there has been an error of procedure	Rule 3.5
Dealing with the application	Rule 3.6
Directions	Rule 3.7
Allocation of proceedings	Allocation of proceedings
Court's jurisdiction in certain kinds of cases to be exercised by certain judges	Rule 3.8
Allocation of cases to case pathways	Rule 3.9

The court's general powers of case management

3.1

(1) The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2) The court may—

(a) extend or shorten the time for compliance with any rule, practice direction, or court order or direction (even if an application for extension is made after the time for compliance has expired);

(b) adjourn or bring forward a hearing;

(c) require P, a party, a party’s legal representative or litigation friend, or P’s rule 1.2 representative, to attend court;

(d) hold a hearing and receive evidence by telephone or any other method of direct oral communication;

(e) stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

(f) consolidate proceedings;

(g) hear two or more applications on the same occasion;

(h) direct a separate hearing of any issue;

(i) decide the order in which issues are to be heard;

(j) exclude an issue from consideration;

(k) dismiss or give judgment on an application after a decision is made on a preliminary basis;

(l) direct any party to file and serve an estimate of costs;

(m) direct or limit the means of communication to be used by the parties; and

(n) take any step or give any direction for the purpose of managing the case and furthering the overriding objective.

(3) A judge to whom a matter is allocated may, if the judge considers that the matter is one which ought properly to be dealt with by another judge, transfer the matter to such a judge.

(4) Where the court gives directions it may take into account whether or not a party has complied with any rule or practice direction.

(5) The court may make any order it considers appropriate even if a party has not sought that order.

(6) A power of the court under these Rules to make an order includes a power to vary or revoke the order.

(Rules 1.3 to 1.6 concern the duty of the court to further the overriding objective by actively managing cases, and the duty of parties, legal representatives and unrepresented litigants to assist the court in furthering the overriding objective.)

Case management – unrepresented parties

3.2

(1) This rule applies in any proceedings where at least one party is unrepresented.

(2) When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.

(3) The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.

(4) At any hearing when the court is taking evidence, this may include—

(a) ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and

(b) putting or causing to be put to the witness such questions as may appear to the court to be proper.

Court's power to dispense with requirement of any rule

3.3

In addition to its general powers and the powers listed in rule 3.1, the court may dispense with the requirements of any rule.

Exercise of powers on the court's own initiative

3.4

(1) Except where these Rules or another enactment make different provision, the court may exercise its powers on its own initiative.

(2) The court may make an order on its own initiative without hearing the parties or giving them the opportunity to make representations.

(3) Where the court proposes to make an order on its own initiative it may give the parties and any other person it thinks fit an opportunity to make representations and, where it does so, must specify the time by which, and the manner in which, the representations must be made.

(4) Where the court proposes—

(a) to make an order on its own initiative; and

(b) to hold a hearing to decide whether to make the order,

it must give the parties and may give any person it thinks likely to be affected by the order at least 3 days’ notice of the hearing.

General power of the court to rectify matters where there has been an error of procedure

3.5

Where there has been an error of procedure, such as a failure to comply with a rule or practice direction—

(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and

(b) the court may waive the error or require it to be remedied or may make such other order as appears to the court to be just.

Dealing with the application

3.6

(1) This rule and rule 3.7 are subject to any provision made by a practice direction in respect of the case pathway to which the case is allocated.

(2) As soon as practicable after any application has been issued the court shall consider how to deal with it.

(3) Where permission to start proceedings is required, and whether or not it has been applied for, the court’s consideration under paragraph (2) shall include whether to grant or refuse permission without a hearing, or to direct a hearing to consider whether permission should be granted.

(4) The court may deal with an application or any part of an application at a hearing or without a hearing.

(5) In considering whether it is necessary to hold a hearing, the court shall, as appropriate, have regard to—

(a) the nature of the proceedings and the orders sought;

(b) whether the application is opposed by a person who appears to the court to have an interest in matters relating to P’s best interests;

(d) the complexity of the facts and the law;

(e) any wider public interest in the proceedings;

(f) the circumstances of P and of any party, in particular as to whether their rights would be adequately protected if a hearing were not held;

(g) whether the parties agree that the court should dispose of the application without a hearing; and

(h) any other matter specified in the relevant practice direction.

(6) Where the court considers that a hearing is necessary it shall—

(a) give notice of the hearing date to the parties and to any other person it directs;

(b) state what is to be dealt with at the hearing, including whether the matter is to be disposed of at that hearing; and

(i) for the hearing or any part of it to be in public; and

(ii) to make any order under rule 4.1, 4.2 or 4.3.

(Rule 3.9 and Practice Direction 3B make provision about the case pathways.)

Directions

3.7

(1) The court may—

(a) give directions in writing; or

(b) set a date for a directions hearing; and

(2) When giving directions, the court may do any of the following—

(a) require a report under section 49 of the Act and give directions as to any such report;

(b) give directions as to any requirements contained in these Rules or a practice direction for the giving of notification to any person or for that person to do anything in response to a notification;

(c) if the court considers that any other person or persons should be a party to the proceedings, give directions joining them as a party;

(d) if the court considers that any party to the proceedings should not be a party, give directions for that person’s removal as a party;

(e) give directions for the management of the case and set a timetable for the steps to be taken between the giving of directions and the hearing;

(f) subject to rule 3.8, give directions as to the type of judge who is to hear the case;

(g) give directions as to whether the proceedings or any part of them are to be heard in public, or as to whether any particular person should be permitted to attend the hearing, or as to whether any publication of the proceedings is to be permitted;

(h) give directions as to the disclosure of documents, service of witness statements and any expert evidence;

(i) give directions as to the attendance of witnesses and as to whether, and the extent to which, cross-examination will be permitted at any hearing; and

(j) give such other directions as the court may think fit.

(3) The court may give directions at any time—

(a) on its own initiative; or

(b) on the application of a party.

(4) Subject to paragraphs (5) and (6) and unless these Rules or a practice direction provide otherwise or the court directs otherwise, the time specified by a rule or by the court for a person to do any act may be varied by the written agreement of the parties.

(5) A party must apply to the court if that party wishes to vary—

(a) the date the court has fixed for the final hearing; or

(b) the period within which the final hearing is to take place.

(6) The time specified by a rule or practice direction or by the court may not be varied by the parties if the variation would make it necessary to vary the date the court has fixed for any hearing or the period within which the final hearing is to take place.

(Participation of P in proceedings is addressed in rule 1.2 (participation of P) and Part 17 (litigation friends and rule 1.2 representatives).)

Allocation of proceedings

Court's jurisdiction in certain kinds of cases to be exercised by certain judges

3.8

(1) A practice direction made under this rule may specify certain categories of case to be dealt with by a specific judge or a specific class of judges.

(2) Applications in any matter other than those specified in the practice direction referred to in paragraph (1) may be dealt with by any judge.

Allocation of cases to case pathways

3.9

(1) This rule provides for the allocation of cases to case pathways.

(2) There are three case pathways—

(a) the Personal Welfare Pathway;

(b) the Property and Affairs Pathway;

(3) Each case shall on issue be allocated to one of the three case pathways unless (subject to paragraph (5)) it is in an excepted class of case.

(4) Excepted classes of case may be specified in a practice direction.

(5) The court may direct that a case shall be allocated to a case pathway notwithstanding that it is in an excepted class of cases.

(6) A practice direction may make provision for—

(a) the scope of each case pathway; and

(b) how cases in each case pathway are to be managed.

(Practice Direction 3B makes provision in relation to the case pathways and excepted classes of case.)

PART 4 — HEARINGS

Private hearings	Private hearings
General rule – hearing to be held in private	Rule 4.1
Court's general power to authorise publication of information about proceedings	Rule 4.2
Power to order a public hearing	Power to order a public hearing
Court's power to order that a hearing be held in public	Rule 4.3
Supplementary provisions relating to public or private hearings	Rule 4.4

Private hearings

General rule – hearing to be held in private

4.1

(1) The general rule is that a hearing is to be held in private.

(2) A private hearing is a hearing which only the following persons are entitled to attend—

(a) the parties;

(b) P (whether or not a party);

(d) any legal representative of a person specified in any of sub-paragraphs (a) or (b); and

(e) any court officer.

(3) In relation to a private hearing, the court may make an order—

(a) authorising any person, or class of persons, to attend the hearing or a part of it; or

(b) excluding any person, or class of persons, from attending the hearing or a part of it.

(4) The general rule in paragraph (1) does not apply to a hearing for a committal order or writ of sequestration (in respect of which rule 21.27 makes provision).

Court's general power to authorise publication of information about proceedings

4.2

(1) For the purposes of the law relating to contempt of court, information relating to proceedings held in private (whether or not contained in a document filed with the court) may be communicated in accordance with paragraph (2) or (3).

(2) The court may make an order authorising—

(a) the publication or communication of such information or material relating to the proceedings as it may specify; or

(b) the publication of the text or a summary of the whole or part of a judgment or order made by the court.

(3) Subject to any direction of the court, information referred to in paragraph (1) may be communicated in accordance with Practice Direction 4A.

(4) Where the court makes an order under paragraph (2) it may do so on such terms as it thinks fit, and in particular may—

(a) impose restrictions on the publication of the identity of—

(i) any party;

(ii) P (whether or not a party);

(iii) any witness; or

(iv) any other person;

(b) prohibit the publication of any information that may lead to any such person being identified;

(c) prohibit the further publication of any information relating to the proceedings from such date as the court may specify; or

(d) impose such other restrictions on the publication of information relating to the proceedings as the court may specify.

(5) The court may on its own initiative or upon request authorise communication—

(a) for the purposes set out in Practice Direction 4A; or

(b) for such other purposes as it considers appropriate,

of information held by it.

Power to order a public hearing

Court's power to order that a hearing be held in public

4.3

(1) The court may make an order—

(a) for a hearing to be held in public;

(b) for a part of a hearing to be held in public; or

(2) Where the court makes an order under paragraph (1), it may in the same order or by a subsequent order—

(a) impose restrictions on the publication of the identity of—

(i) any party;

(ii) P (whether or not a party);

(iii) any witness; or

(iv) any other person;

(b) prohibit the publication of any information that may lead to any such person being identified;

(c) prohibit the further publication of any information relating to the proceedings from such date as the court may specify; or

(d) impose such other restrictions on the publication of information relating to the proceedings as the court may specify.

(3) A practice direction may provide for circumstances in which the court will ordinarily make an order under paragraph (1), and for the terms of the order under paragraph (2) which the court will ordinarily make in such circumstances.

Supplementary

Supplementary provisions relating to public or private hearings

4.4

(1) Subject to provision in a practice direction made under rule 4.3(3), an order under rule 4.1, 4.2 or 4.3 may be made—

(a) only where it appears to the court that there is good reason for making the order;

(b) at any time; and

(2) A practice direction may make further provision in connection with—

(a) private hearings;

(b) public hearings; or

PART 5 — COURT DOCUMENTS

Documents used in court proceedings	Rule 5.1
Documents required to be verified by a statement of truth	Rule 5.2
Position statement not required to be verified by statement of truth	Rule 5.3
Failure to verify a document	Rule 5.4
Failure to verify a witness statement	Rule 5.5
False statements	Rule 5.6
Personal details	Rule 5.7
Supply of documents to a party from court records	Rule 5.8
Supply of documents to a non-party from court records	Rule 5.9
Subsequent use of court documents	Rule 5.10
Editing information in court documents	Rule 5.11
Public Guardian to be supplied with court documents relevant to supervision of deputies	Rule 5.12
Provision of court order to Public Guardian	Rule 5.13
Amendment of application	Rule 5.14
Clerical mistakes or slips	Rule 5.15
Endorsement of amendment	Rule 5.16

Documents used in court proceedings

5.1

(1) The court will seal or otherwise authenticate with the stamp of the court the following documents on issue—

(a) an application form;

(b) an application notice;

(d) any other document which a rule or practice direction requires to be sealed or stamped.

(2) Where the Rules or any practice direction require a document to be signed, that requirement is satisfied if the signature is printed by computer or other mechanical means.

(3) A practice direction may make provision for documents to be filed or sent to the court by—

(a) facsimile; or

(b) other means.

Documents required to be verified by a statement of truth

5.2

(1) The following documents must be verified by a statement of truth—

(a) an application form, an application notice, an appellant’s notice or a respondent’s notice, where the applicant (or appellant or respondent as the case may be) seeks to rely upon matters set out in the document as evidence;

(b) a witness statement;

(i) service or non-service; or

(ii) notification or non-notification;

(d) a deputy’s declaration; and

(e) any other document required by a rule or practice direction to be so verified.

(2) Subject to paragraph (3), a statement of truth is a statement that—

(a) the party putting forward the document;

(b) in the case of a witness statement, the maker of the witness statement; or

believes that the facts stated in the document being verified are true.

(3) If a party is conducting proceedings with a litigation friend, the statement of truth in—

(a) an application form;

(b) an application notice; or

is a statement that the litigation friend believes that the facts stated in the document being verified are true.

(4) The statement of truth must be signed—

(a) in the case of an application form, an application notice, an appellant’s notice or a respondent’s notice—

(i) by the party or litigation friend; or

(ii) by the legal representative on behalf of the party or litigation friend; and

(b) in the case of a witness statement, by the maker of the statement.

(5) A statement of truth which is not contained in the document which it verifies must clearly identify that document.

(6) A statement of truth in an application form, an application notice, an appellant’s notice or a respondent’s notice may be made by—

(a) a person who is not a party; or

(b) two or three parties jointly,

where this is permitted by a relevant practice direction.

Position statement not required to be verified by statement of truth

5.3

Nothing in these Rules requires a position statement to be verified by a statement of truth.

Failure to verify a document

5.4

If an application form, an application notice, an appellant’s notice or a respondent’s notice is not verified by a statement of truth, the applicant (or appellant or respondent as the case may be) may not rely upon the document as evidence of any of the matters set out in it unless the court permits.

Failure to verify a witness statement

5.5

If a witness statement is not verified by a statement of truth, it shall not be admissible in evidence unless the court permits.

False statements

5.6

(1) Proceedings for contempt of court may be brought against a person if that person makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

(2) Proceedings under this rule may be brought only—

(i) by the Attorney General; or

(ii) with the permission of the court.

Personal details

5.7

(1) Where a party does not wish to reveal—

(a) his or her home address or telephone number;

(b) P’s home address or telephone number;

(d) the address or telephone number of his or her place of business, or the place of business of any of the persons mentioned in sub-paragraphs (b) or (c),

that party must provide those particulars to the court.

(2) Where paragraph (1) applies, the particulars given must not be given to any person unless the court so directs.

(3) Where a party changes home address during the course of the proceedings, that party must give notice in writing of the change to the court.

(4) Where a party does not reveal his or her home address, that party must nonetheless provide an address for service which must be within the jurisdiction of the court.

Supply of documents to a party from court records

5.8

Unless the court orders otherwise, a party to proceedings may inspect or obtain from the records of the court a copy of—

(a) any document filed by a party to the proceedings; or

(b) any communication in the proceedings between the court and—

(i) a party to the proceedings; or

(ii) another person.

Supply of documents to a non-party from court records

5.9

(1) Subject to rules 5.12 and 4.3(2), a person who is not a party to proceedings may inspect or obtain from the court records a copy of any judgment or order given or made in public.

(2) The court may, on an application made to it, authorise a person who is not a party to proceedings to—

(a) inspect any other documents in the court records; or

(b) obtain a copy of any such documents, or extracts from such documents.

(3) A person making an application for an authorisation under paragraph (2) must do so in accordance with Part 10.

(4) Before giving an authorisation under paragraph (2), the court will consider whether any document is to be provided on an edited basis.

Subsequent use of court documents

5.10

(1) Where a document has been filed or disclosed, a party to whom it was provided may use the document only for the purpose of the proceedings in which it was filed or disclosed, except where—

(a) the document has been read to or by the court or referred to at a public hearing; or

(b) the court otherwise permits.

(2) Paragraph (1)(a) is subject to any order of the court made under rule 4.3(2).

Editing information in court documents

5.11

(1) A party may apply to the court for an order that a specified part of a document is to be edited prior to the document’s service or disclosure.

(2) An order under paragraph (1) may be made at any time.

(3) Where the court makes an order under this rule any subsequent use of that document in the proceedings shall be of the document as edited, unless the court directs otherwise.

(4) An application under this rule must be made in accordance with Part 10.

Public Guardian to be supplied with court documents relevant to supervision of deputies

5.12

(1) This rule applies in any case where the court makes an order—

(a) appointing a person to act as a deputy; or

(b) varying an order under which a deputy has been appointed.

(2) Subject to paragraphs (3) and (6), the Public Guardian is entitled to be supplied with a copy of qualifying documents if the Public Guardian reasonably considers that it is necessary to have regard to them in connection with the discharge of the Public Guardian’s functions under section 58 of the Act in relation to supervision of deputies.

(3) The court may direct that the right to be supplied with documents under paragraph (2) does not apply in relation to such one or more documents, or descriptions of documents, as the court may specify.

(4) A direction under paragraph (3) or (6) may be given—

(a) either on the court’s own initiative or on an application made to it; and

(b) either—

(i) at the same time as the court makes the order which appoints the deputy, or which varies it; or

(ii) subsequently.

(5) “Qualifying documents” means documents which—

(a) are filed in court in connection with the proceedings in which the court makes the order referred to in paragraph (1); and

(b) are relevant to—

(i) the decision to appoint the deputy;

(ii) any powers conferred on the deputy;

(iii) any duties imposed on the deputy; or

(iv) any other terms applying to those powers and duties which are contained in the order.

(6) The court may direct that any document is to be provided to the Public Guardian on an edited basis.

Provision of court order to Public Guardian

5.13

Any order of the court requiring the Public Guardian to do something, or not to do something, must be served on the Public Guardian as soon as practicable and in any event not later than 7 days after the order was made.

Amendment of application

5.14

(1) The court may allow or direct an applicant, at any stage of the proceedings, to amend the application form or notice.

(2) The amendment may be effected by making in writing the necessary alterations to the application form or notice, but if the amendments are so numerous or of such a nature or length that written alteration would make it difficult or inconvenient to read, a fresh document amended as allowed or directed may be required.

Clerical mistakes or slips

5.15

The court may at any time correct any clerical mistakes in an order or direction or any error arising in an order or direction from any accidental slip or omission.

Endorsement of amendment

5.16

Where an application form or notice, order or direction has been amended under this Part, a note shall be placed on it showing the date on which it was amended, and the alteration shall be sealed.

PART 6 — SERVICE OF DOCUMENTS

Service generally	Service generally
Scope	Rule 6.1
Who is to serve	Rule 6.2
Methods of service	Rule 6.3
Service of documents on children and protected parties	Rule 6.4
Service of documents on P if P becomes a party	Rule 6.5
Substituted service	Rule 6.6
Deemed service	Rule 6.7
Certificate of service	Rule 6.8
Certificate of non-service	Rule 6.9
Power of court to dispense with service	Rule 6.10
Service out of the jurisdiction	Service out of the jurisdiction
Scope and interpretation	Rule 6.11
Service of application form and other documents out of the jurisdiction	Rule 6.12
Period for acknowledging service or responding to application where application is served out of the jurisdiction	Rule 6.13
Method of service – general provisions	Rule 6.14
. . .	. . .
Service through foreign governments, judicial authorities and British Consular authorities	Rule 6.16
Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities	Rule 6.17
Translation of application form or other document	Rule 6.18
Undertaking to be responsible for expenses of the Foreign and Commonwealth Office	Rule 6.19

Service generally

Scope

6.1

(1) Subject to paragraph (2), the Rules in this Part apply to—

(a) the service of documents; and

(b) the requirements under rule 9.10 for a person to be notified of the issue of an application form,

and references to “serve”, “service”, “notice” and “notify”, and kindred expressions, shall be construed accordingly.

(2) The rules in this Part do not apply where—

(a) any other enactment, a rule in another Part or a practice direction makes different provision; or

(b) the court directs otherwise.

Who is to serve

6.2

(1) The general rule is that the following documents are to be served by the court—

(a) an order or judgment of the court;

(b) an acknowledgment of service or notification; and

(2) Any other document is to be served by the party seeking to rely upon it, except where—

(a) a rule or practice direction provides otherwise; or

(b) the court directs otherwise.

(3) Where the court is to serve a document—

(a) it is for the court to decide which of the methods of service specified in rule 6.3 is to be used; and

(b) if the document is being served on behalf of a party, that party must provide sufficient copies.

Methods of service

6.3

(1) A document may be served by any of the methods specified in this rule.

(2) Where it is not known whether a solicitor is acting on behalf of a person, the document may be served by—

(a) delivering it to the person personally;

(b) delivering it to the person’s home address or last known home address; or

(c) sending it to that address, or last known address, by first class post (or by an alternative method of service which provides for delivery on the next working day).

(3) Where a solicitor—

(a) is authorised to accept service on behalf of a person; and

(b) has informed the person serving the document in writing that the solicitor is so authorised,

the document must be served on the solicitor unless personal service is required by an enactment, rule, practice direction or court order.

(4) Where it appears to the court that there is a good reason to authorise service by a method other than those specified in paragraphs (2) and (3), the court may direct that service is to be effected by that method.

(5) A direction that service is to be effected by an alternative method must specify—

(a) the method of service; and

(b) the date on which the document will be deemed to be served.

(6) A practice direction may set out how documents are to be served by document exchange, electronic communication or other means.

Service of documents on children and protected parties

6.4

(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on—

(a) a child; or

(b) a protected party.

Type of document	Nature of party	Person to be served
Application form	Child	—A person who has parental responsibility for the child within the meaning of the Children Act 1989[^f00009]; or —if there is no such person, a person with whom the child resides or in whose care the child is.
Application form	Protected party	—The person who is authorised to conduct the proceedings in the protected party’s name or on the protected party’s behalf; or —a person who is a duly appointed attorney, donee or deputy of the protected party; or —if there is no such person, a person with whom the protected party lives or in whose care the protected party is.
Application for an order appointing a litigation friend, where a child or protected party has no litigation friend	Child or protected party	—See rule 17.6 (appointment of litigation friend by court order – supplementary).
Any other document	Child or protected party	—The litigation friend or other duly authorised person who is conducting the proceedings on behalf of the child or protected party.

(2) The court may make an order for service on a child or a protected party by permitting the document to be served on some person other than the person specified in the table in paragraph (1) (which may include service on the child or the protected party).

(3) An application for an order under paragraph (2) may be made without notice.

(4) The court may order that, although a document has been served on someone other than the person specified in the table in paragraph (1), the document is to be treated as if it had been properly served.

(5) This rule does not apply in relation to the service of documents on a child in any case where the court has made an order under rule 17.2(4) permitting the child to conduct proceedings without a litigation friend.

Service of documents on P if P becomes a party

6.5

(1) If P becomes a party to the proceedings, all documents to be served on P must be served on P’s litigation friend or as directed by the court on P’s behalf.

(2) The court may make an order for service on P by permitting the document to be served on some person other than the person specified in paragraph (1) (which may include service on P).

(3) An application for an order under paragraph (2) may be made without notice.

(4) The court may order that, although a document has been served on someone other than a person specified in paragraph (1), the document is to be treated as if it had been properly served.

(5) This rule does not apply in relation to the service of documents on P in any case where the court has made an order under rule 17.5(1)(b) (power of court to bring to an end the appointment of a litigation friend).

(Rule 7.3 requires P to be notified where a direction has been made under rule 1.2, and of the appointment of a litigation friend, accredited legal representative or representative.)

Substituted service

6.6

Where it appears to the court that it is impracticable for any reason to serve a document in accordance with any of the methods provided under rule 6.3, the court may make an order for substituted service of the document by taking such steps as the court may direct to bring it to the notice of the person to be served.

Deemed service

6.7

(1) A document which is served in accordance with these Rules or any relevant practice direction shall be deemed to be served on the day shown in the following table.

Method of service	Deemed day of service
First class post (or other service for next-day delivery)	The second day after it was posted.
Document exchange	The second day after it was left at the document exchange.
Delivering the document to a permitted address	The day after it was delivered to that address.
Fax	If it is transmitted on a business day before 4 p.m., on that day; or in any other case, on the business day after the day on which it is transmitted.
Other electronic means	The second day after the day on which it is transmitted.

(2) If a document is served personally—

(a) after 5 p.m. on a business day; or

(b) at any time on a Saturday, Sunday or a Bank Holiday,

it will be treated as being served on the next business day.

Certificate of service

6.8

(1) Where a rule, practice direction or court order requires a certificate of service for the document, the certificate must state the details set out in the following table.

Method of service	Details to be certified
First class post (or any other service for next-day delivery)	Date of posting.
Personal service	Date of personal service.
Document exchange	Date when the document was left at the document exchange.
Delivery of the document to a permitted address	Date when the document was delivered to that address.
Fax	Date of transmission.
Other electronic means	Date of transmission and the means used.
Alternative method permitted by the court	As required by the court.

(2) The certificate must be filed within 7 days after service of the document to which it relates.

Certificate of non-service

6.9

(1) Where an applicant or other person is unable to serve any document under these Rules or as directed by the court, that person must file a certificate of non-service stating the reasons why service has not been effected.

(2) The certificate of non-service must be filed within 7 days of the latest date on which service should have been effected.

Power of court to dispense with service

6.10

(1) The court may dispense with any requirement to serve a document.

(2) An application for an order to dispense with service may be made without notice.

Service out of the jurisdiction

Scope and interpretation

6.11

(1) This rule and rules 6.12 to 6.19 make provision about—

(a) service of application forms and other documents out of the jurisdiction; and

(b) the procedure for service.

(2) In this rule and rules 6.12 to 6.19—

“application form” includes an application notice;

“Commonwealth State” means a State listed in Schedule 3 to the British Nationality Act 1981[^f00010];

“jurisdiction” means, unless the context otherwise requires, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales;

“Member State” means a Member State of the European Union;

“the Service Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965;

“Service Convention country” means a country, not being a Member State, which is a party to the Service Convention; and

“the Service Regulation” means Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extra-judicial documents in civil and commercial matters (service of documents) and repealing Council Regulation (EC) No. 1348/2000[^f00011].

(3) In rules 6.12 to 6.19, a reference to service by a party includes service by a person who is not a party where service by such a person is required under these Rules.

Service of application form and other documents out of the jurisdiction

6.12

(1) Subject to paragraph (2), any document to be served for the purposes of these Rules may be served out of the jurisdiction without the permission of the court.

(2) An application form may not be served out of the jurisdiction unless the court has power to determine the application to which it relates under the Act.

Period for acknowledging service or responding to application where application is served out of the jurisdiction

6.13

(1) This rule applies where, under these Rules, a party is required to file—

(a) an acknowledgment of service; or

(b) an answer to an application,

and sets out the time period for doing so where the application is served out of the jurisdiction.

(2) Where the applicant serves an application on a respondent in—

(a) Scotland or Northern Ireland; or

(b) a Member State or Service Convention country within Europe,

the period for filing an acknowledgment of service or an answer to an application is 21 days after service of the application.

(3) Where the applicant serves an application on a respondent in a Service Convention country outside Europe, the period for filing an acknowledgment of service or an answer to an application is 31 days after service of the application.

(4) Where the applicant serves an application on a respondent in a country not referred to in paragraphs (2) and (3), the period for filing an acknowledgment of service or an answer to an application is set out in Practice Direction 6B.

Method of service – general provisions

6.14

(1) This rule contains general provisions about the method of service of an application form or other document on a party out of the jurisdiction.

Where service is to be effected on a party in Scotland or Northern Ireland

(2) Where a party serves an application form or other document on a party in Scotland or Northern Ireland, it must be served by a method permitted by this Part.

Where service is to be effected out of the United Kingdom

(3) Where an application form or other document is to be served on a person out of the United Kingdom, it may be served by any method—

(a) provided for by—

(i) rule 6.15 (service in accordance with the Service Regulation); or

(ii) rule 6.16 (service through foreign governments, judicial authorities and British Consular authorities); or

(b) permitted by the law of the country in which it is to be served.

(4) Nothing in paragraph (3) or in any court order authorises or requires any person to do anything which is contrary to the law of the country where the application form or other document is to be served.

Service in accordance with the Service Regulation

6.15

(1) This rule applies where an application form or other document is to be served on a person out of the United Kingdom in accordance with the Service Regulation.

(2) The person wishing to serve must file—

(a) the application form or other document;

(b) any translation; and

(3) When the person wishing to serve files the documents referred to in paragraph (2), the court officer must—

(a) seal, or otherwise authenticate with the stamp of the court, the copy of the application form; and

(b) forward the documents to the Senior Master of the Queen’s Bench Division.

(4) In addition to the documents referred to in paragraph (2), the person wishing to serve may, if of the view that this would assist in ensuring effective service, file a photograph of the person to be served.

(The Service Regulation can be found at the web address given in Practice Direction 6B.)

(Rule 6.16 makes provision for service on a person in a Service Convention country.)

Service through foreign governments, judicial authorities and British Consular authorities

6.16

(1) Where an application form or other document is to be served on a person in a Service Convention country, it may be served—

(a) through the authority designated under the Service Convention in respect of that country; or

(b) if the law of that country permits, through—

(i) the judicial authorities of that country; or

(ii) a British Consular authority in that country.

(2) Where an application form or other document is to be served on a person in a country which is not a Service Convention country, it may be served, if the law of that country so permits, through—

(a) the government of that country, where that government is willing to serve it; or

(b) a British Consular authority in that country.

(3) Where an application form or other document is to be served in—

(a) any Commonwealth State which is not a Service Convention country;

(b) the Isle of Man or the Channel Islands; or

the methods of service permitted by paragraphs (1)(b) and (2) are not available and the person wishing to serve, or that person’s agent, must effect service direct unless Practice Direction 6B provides otherwise.

(4) This rule does not apply where service is to be effected in accordance with the Service Regulation.

(Rule 6.15 makes provision for service on a party in a Member State in accordance with the Service Regulation.)

(A list of British Overseas Territories is reproduced in Practice Direction 6B.)

Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities

6.17

(1) This rule applies where an application form or other document is to be served under rule 6.16(1) or (2).

(2) Where this rule applies, the person wishing to serve must file—

(a) a request for service of the application form or other document, by specifying one or more of the methods in rule 6.16(1) or (2);

(b) a copy of the application form or other document;

(d) any translation required under rule 6.18.

(3) When the person wishing to serve files the documents specified in paragraph (2), the court officer must—

(a) seal, or otherwise authenticate with the stamp of the court, the copy of the application form; and

(b) forward the documents to the Senior Master of the Queen’s Bench Division.

(4) The Senior Master shall send documents forwarded under this rule—

(a) where the application form or other document is being served through the authority designated under the Service Convention, to that authority; or

(b) in any other case, to the Foreign and Commonwealth Office with a request that it arranges for the application form or other document to be served.

(5) An official certificate which—

(a) states that the method requested under paragraph (2)(a) has been performed and the date of such performance;

(b) states, where more than one method is requested under paragraph (2)(a), which method was used; and

(i) a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;

(ii) the government or judicial authorities in that country; or

(iii) the authority designated in respect of that country under the Service Convention,

is evidence of the facts stated in the certificate.

(6) A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate unless it is proved not to be.

Translation of application form or other document

6.18

(1) Except where paragraphs (4) and (5) apply, every copy of the application form or other document filed under rule 6.16 (service through foreign governments, judicial authorities and British Consular authorities) must be accompanied by a translation of the application form or other document.

(2) The translation must be—

(a) in the official language of the country in which it is to be served; or

(b) if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the application form or other document is to be served.

(3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include that person’s name, address and qualifications for making the translation.

(4) The applicant is not required to file a translation of the application form or other document filed under rule 6.16 where it is to be served in a country of which English is an official language.

(5) The applicant is not required to file a translation of the application form or other document filed under rule 6.16 where—

(a) the person on whom the document is to be served is able to read and understand English; and

(b) service of the document is to be effected directly on that person.

(This rule does not apply to service in accordance with the Service Regulation, which contains its own provisions about the translation of documents.)

Undertaking to be responsible for expenses of the Foreign, Commonwealth and Development Office

6.19

Every request for service under rule 6.17 (procedure where service is to be through foreign governments, judicial authorities, etc.) must contain an undertaking by the person making the request—

(a) to be responsible for all expenses incurred by the Foreign and Commonwealth Office or foreign judicial authority; and

(b) to pay those expenses to the Foreign and Commonwealth Office or foreign judicial authority on being informed of the amount.

PART 7 — NOTIFYING P

General requirement to notify P	General requirement to notify P
General	Rule 7.1
Who is to notify P	Rule 7.2
Notifying P of appointment of a litigation friend, etc.	Rule 7.3
Circumstances in which P must be notified	Circumstances in which P must be notified
Application form	Rule 7.4
Appeals	Rule 7.5
Decisions and orders of the court	Rule 7.6
Other matters	Rule 7.7
Manner of notification and accompanying documents	Manner of notification and accompanying documents
Manner of notification	Rule 7.8
Acknowledgment of notification	Rule 7.9
Certificate of notification	Rule 7.10
Dispensing with requirement to notify, etc.	Rule 7.11

General requirement to notify P

General

7.1

(1) Subject to paragraphs (2) and (3), the rules in this Part apply where P is to be given notice of any matter or document, or is to be provided with any document, either under the Rules or in accordance with an order or direction of the court.

(2) Subject to rule 7.3, if P becomes a party, the rules in this Part do not apply and service is to be effected in accordance with Part 6 or as directed by the court.

(3) In any case the court may, either on its own initiative or on application, direct that P must not be notified of any matter or document, or provided with any document, whether in accordance with this Part or at all.

(4) Subject to paragraph (5), where P is a child—

(a) if the person to be notified under this rule is a person with parental responsibility for the child within the meaning of the Children Act 1989[^f00012] or, if there is no such person, a person with whom the child resides or in whose care the child is;

(b) all references to “P” in this Part, except that in paragraph (2), are to be read as referring to the person notified in accordance with sub-paragraph (a).

(5) Paragraph (4) does not apply, and there is no requirement to notify P, where the person referred to in paragraph (4)(a) has already been served or notified of the relevant matter in accordance with another rule or practice direction.

Who is to notify P

7.2

(1) Where P is to be notified under this Part, notification must be effected by—

(a) the applicant;

(b) the appellant (where the matter relates to an appeal);

(d) such other person as the court may direct.

(2) The person within paragraph (1) is referred to in this Part as “the person effecting notification”.

Notifying P of appointment of a litigation friend, etc.

7.3

P must be notified—

(a) where a direction has been made under rule 1.2; and

(b) of the appointment of a litigation friend, accredited legal representative or representative on P’s behalf.

Circumstances in which P must be notified

Application form

7.4

(1) P must be notified—

(a) that an application form has been issued by the court;

(b) that an application form has been withdrawn; and

(c) of the date on which a hearing is to be held in relation to the matter, where that hearing is for disposing of the application.

(2) Where P is to be notified that an application form has been issued, the person effecting notification must explain to P—

(a) who the applicant is;

(b) that the application raises the question of whether P lacks capacity in relation to a matter or matters, and what that means;

(d) where the application contains a proposal for the appointment of a person to make decisions on P’s behalf in relation to the matter to which the application relates, details of who that person is.

(3) Where P is to be notified that an application form has been withdrawn, the person effecting notification must explain to P—

(a) that the application form has been withdrawn; and

(b) the consequences of that withdrawal.

(4) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

Appeals

7.5

(1) P must be notified—

(a) that an appellant’s notice has been issued by the court;

(b) that an appellant’s notice has been withdrawn; and

(c) of the date on which a hearing is to be held in relation to the matter, where that hearing is for disposing of the appellant’s notice.

(2) Where P is to be notified that an appellant’s notice has been issued, the person effecting notification must explain to P—

(a) who the appellant is;

(b) the issues raised by the appeal; and

(3) Where P is to be notified that an appellant’s notice has been withdrawn, the person effecting notification must explain to P—

(a) that the appellant’s notice has been withdrawn; and

(b) the consequences of that withdrawal.

(4) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

Decisions and orders of the court

7.6

(1) P must be notified of any decision of the court relating to P except for a case management decision.

(2) Where P is notified in accordance with this rule, the person effecting notification must explain to P the effect of the decision.

(3) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

(4) The person effecting notification must also provide P with a copy of any order relating to a decision of which P must be notified in accordance with paragraph (1).

Other matters

7.7

(1) This rule applies where the court directs that P is to be notified of any other matter.

(2) The person effecting notification must explain to P such matters as may be directed by the court.

(3) The person effecting notification must also inform P that P may seek advice and assistance in relation to any matter of which P is notified.

Manner of notification and accompanying documents

Manner of notification

7.8

(1) Where P is to be notified under this Part, the person effecting notification must provide P with, or arrange for P to be provided with, the information specified in rules 7.3 to 7.7 in a way that is appropriate to P’s circumstances (for example, using simple language, visual aids or any other appropriate means).

(2) The information referred to in paragraph (1) must be provided to P personally.

(3) P must be provided with the information mentioned in paragraph (1) as soon as practicable and in any event within 14 days of the date on which—

(a) the application form or appellant’s notice was issued or withdrawn;

(b) the decision was made;

(c) the person effecting notification received the notice of hearing from the court and in any event no later than 14 days before the date specified in the notice of the hearing; and

(d) the order referred to in rule 7.6(4) was served upon the person who is required to effect notification of P under that rule,

as the case may be.

(4) Where the provisions of rule 7.1(4) apply, paragraphs (1) and (2) of this rule do not apply and the person effecting notification may provide information and documents of which P must be notified to the person to be notified under rule 7.1(4), by any method by which service of documents would be permitted under rule 6.3.

Acknowledgment of notification

7.9

Where P is notified that an application form or an appellant’s notice has been issued, P must also be provided with a form for acknowledging notification.

Certificate of notification

7.10

(1) The person effecting notification must, within 7 days beginning with the date on which notification in accordance with this Part was given, file a certificate of notification which certifies—

(a) the date on which, and how, P was notified; and

(b) that P was notified in accordance with this Part.

(2) Subject to paragraph (3), the person effecting notification in accordance with this Part must in the certificate required by paragraph (1) describe the steps taken to enable P to understand, and the extent to which P appears to have understood, the information.

(3) Where the provisions of rule 7.1(4) apply, paragraph (2) does not apply.

Dispensing with requirement to notify, etc.

7.11

(1) The applicant, the appellant or other person directed by the court to effect notification may apply to the court seeking an order—

(a) dispensing with the requirement to comply with the provisions in this Part; or

(b) requiring some other person to comply with the provisions in this Part.

(2) An application under this rule must be made in accordance with Part 10.

PART 8 — PERMISSION

General	Rule 8.1
Where the court's permission is not required	Rule 8.2
Permission - supplementary	Rule 8.3
Application for permission	Rule 8.4
Service of an order giving or refusing permission	Rule 8.5
Appeal against a permission decision following a hearing	Rule 8.6

General

8.1

Subject to these Rules and to section 50(1) of, and paragraph 20 of Schedule 3 to, the Act, the applicant must apply for permission to start proceedings under the Act.

(Section 50(1) of the Act specifies the persons who do not need to apply for permission. Paragraph 20 of Schedule 3 to the Act specifies an application for which permission is not needed.)

Where the court's permission is not required

8.2

The permission of the court is not required—

(a) where an application is made by—

(i) the Official Solicitor; or

(ii) the Public Guardian;

(b) where the application concerns—

(i) P’s property and affairs;

(ii) a lasting power of attorney which is, or purports to be, created under the Act; or

(iii) an instrument which is, or purports to be, an enduring power of attorney;

(d) where an application is made for an order under section 16(2)(a) of the Act, which is to be relied on to authorise the deprivation of P’s liberty pursuant to section 4A(3) of the Act[^f00014];

(e) where an application is made in accordance with Part 10;

(f) where a person files an acknowledgment of service or notification in accordance with this Part or Part 9, for any order proposed that is different from that sought by the applicant; or

(g) in any other case specified for this purpose in a practice direction.

Permission - supplementary

8.3

Where part of the application concerns a matter which requires permission, and part of it does not, permission need only be sought for that part of it which requires permission.

Application for permission

8.4

Where permission is required, the applicant must apply for permission when making an application.

(Rule 3.6(3) explains how the court will deal with an application for permission.)

Service of an order giving or refusing permission

8.5

The court must serve—

(a) the order granting or refusing permission;

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