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PART I
PRELIMINARY
Title and Commencement
1
These Rules may be cited as the Court of Protection Rules 2001 and shall come into force on 1st April 2001.
Interpretation
2
1
In these Rules, unless the context otherwise requires —
expressions used in the Supreme Court Act 1981 shall have the same meanings as they have for the purposes of that Act;
“ the Act ” means the Mental Health Act 1983;
“attended hearing” means a hearing where one or more of the parties to the proceedings have been invited to attend the court for the determination of the application;
“court” means the Court of Protection;
“direction” means a direction or authority given under the seal of the court;
“entered” means entered in the books of the court;
“filed” mean filed in the court office;
“function” means any power, discretion or function conferred by the Act;
“hearing” means an attended or unattended hearing;
“judge” means the Lord Chancellor or a nominated judge;
“Master” means the Master of the Court of Protection;
“medical certificate” means a certificate by a registered medical practitioner that a patient is incapable, by reason of mental disorder, of managing and administering his property and affairs;
“order” includes a certificate, direction or authority of the court under seal;
“patient” includes a person who is alleged to be or who the court has reason to believe may be incapable by reason of mental disorder of managing and administering his property and affairs;
“receiver” means a receiver appointed under section 99(1) of the Act;
“seal” means an official seal of the Court and “sealed” shall be construed accordingly;
“stock” includes shares in any fund, annuity or security transferable in the books kept by any body corporate or unincorporated company or society, or by an instrument of transfer either alone or accompanied by other formalities and includes any dividends paid in respect of them;
“Visitor” means one of the Lord Chancellor’s Visitors
2
In these Rules —
a
any reference to a numbered rule is a reference to the rule of these Rules so numbered in these Rules;
b
any reference in a rule to a numbered paragraph is a reference to the paragraph so numbered in the rule in which the reference occurs;
c
a form referred to by letter alone means the form so designated in the Schedule to these Rules or a form to the same effect with such variations as the circumstances may require or the court may approve and in all cases shall include a Welsh translation of the form.
Exercise of the court’s functions
3
Where any function (in whatever words) is expressed by these Rules to be exercisable by the court then, subject to the provisions of the Act, that function may be exercised —
a
by a judge;
b
by the Master;
c
to the extent to which he is authorised to exercise it under section 94 of the Act, by any nominated officer.
Computation of time
4
1
Where a period of time fixed by these Rules or by any order or direction of the court for doing an act expires on a day on which the court office for doing that act is closed and for that reason the act cannot be done on that day, the act shall be done in time if done on the next day on which that office is open.
2
Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
3
Where any period of time as mentioned in paragraph (1) is less than six days, any day on which the court office is closed shall not be included in that computation.
Power to vary time
5
The court may extend or abridge the time limited by these Rules or any order or direction of the court for doing any act or taking any proceedings upon such terms as the court thinks fit and notwithstanding, in the case of an extension, that the time so limited has expired.
PART II
EXERCISE OF JURISDICTION
Exercise of jurisdiction
6
Except where these Rules otherwise provide, any function may be exercised —
a
without fixing an appointment for a hearing;
b
by the court of its own motion or at the instance or on the application of any person interested;
c
whether or not any proceedings have been commenced in the court with respect to the patient.
PART III
APPLICATIONS
Forms of application
7
1
Subject to paragraph (3), a first application to the court for the appointment of a receiver shall state the name and address of the applicant and the proposed receiver and their relationship (if any) to the patient in such manner as the court shall direct and an application to the court respecting the exercise of any of its other jurisdiction in relation to a patient, may be made by letter unless the court otherwise directs that it should be formal, in which case it shall be made in Form A.
2
An application for the appointment of a receiver shall be treated as an application for the appointment as receiver of the person named in the application or some other suitable person.
3
On grounds of urgency the court may dispense with the need for an application in writing.
4
An application relating to the committal of a person for contempt of court shall be made to a judge but all other applications to the court shall be made in the first instance to the Master.
Procedure for short order or direction without appointment of a receiver
8
1
Without prejudice to the generality of Rule 6, if it appears to the court that —
a
the property of the patient does not exceed £10,000 in value; or
b
it is otherwise appropriate to proceed under this rule,
and that it is not necessary to appoint a receiver for a patient, the court may make a short order or direction under this rule whether or not the application was made for the appointment of a receiver for the patient.
3
A short order or direction under this rule is an order or direction directing an officer of the court or some other suitable person named in the order or direction to deal with the patient’s property (or any part of it), or with his affairs, in any manner authorised by the Act and specified in the order or direction.
Date for hearing
9
1
Upon receiving an application under rule 7 the court shall fix a date for the hearing of the application unless it considers that the application can properly be dealt with without a hearing, and on this ground the court may cancel any hearing fixed under this paragraph.
2
Where a hearing is fixed under paragraph (1) an officer shall notify the applicant, by letter, of the date and time of the hearing.
Consolidation of Proceedings
10
The court may allow one application to be made in respect of two or more patients or may consolidate an application relating to two or more patients, if in its opinion the proceedings relating to them can be more conveniently dealt with together.
Power to direct applications by officer of the court or Official Solicitor
11
Where, in the opinion of the court, an application ought to be made for the appointment or discharge of a receiver or for a direction with regard to the exercise of any other function with respect to the property and affairs of a patient, and there appears to be no other suitable person able and willing to make the application, or the court for any other reason thinks fit, the court may direct that the application be made by an officer of the court or, if he consents, the Official Solicitor.
Representation of patient by receiver
12
1
Except as mentioned in rule 18 (c), (d) and (e), an application on behalf of a patient for whom a receiver has been appointed shall, unless the court otherwise directs, be made by a receiver in his own name.
2
Subject to any directions given by the court, a patient for whom a reciever has been appointed may be represented by the receiver at any hearing relating to the patient or of which the patient has been given notice.
Representation of patient by the Official Solicitor
13
Where, in any proceedings, the court considers that the interests of the patient are not adequately represented, the court may, with the consent of the Official Solicitor, direct that the Official Solicitor shall act as a solicitor for the patient either generally in the proceedings or for any particular purpose connected with the proceedings, except that it shall not be necessary to appoint the Official Solicitor to be receiver or guardian ad litem for the patient.
Persons under a disability
14
1
In this rule, “person under a disability” means a minor or a patient for whom no receiver has been appointed.
2
A person under a disability shall not make an application in proceedings relating to another person except by his next friend and shall not resist an application in any such proceedings except by his guardian ad litem.
3
Where a person is to be appointed next friend or guardian ad litem of a person under a disability in substitution for the person previously acting as next friend or guardian ad litem, the appointment shall be made by the court but, except for this, an order of the court appointing a next friend or guardian ad litem of a person under a disability shall not be necessary.
4
Before the name of any person is used in any proceedings as next friend or guardian ad litem of a person under a disability there shall be filed —
a
a written consent of the first-mentioned person to act as next friend or (as the case may be) guardian ad litem of the person under a disability in the proceedings, and
b
a certificate by the solicitor acting for the person under a disability certifying —
i
that he knows or believes that the person to whom the certificate relates is a minor or patient giving (in the case of a patient) the grounds of his knowledge or belief, and
ii
except where the person named in the certificate is the Official Solicitor, that the person so named has no interest in the proceedings adverse to that of the person under a disability.
Application under section 54 of the Trustee Act 1925
15
An application to the court with respect to the jurisdiction referred to in section 54(2) of the Trustee Act 1925 may be made only by —
a
the receiver for the patient, or
b
any person who has made an application for the appointment of a receiver which has not yet been fully determined, or
c
a continuing trustee, or
d
any other person who, according to the practice of the Chancery Division, would have been entitled to make the application if it had been made in the High Court.
Application under section 36(9) of the Trustee Act 1925
16
No person other than a co-trustee, or other person with power to appoint a new trustee, may make an application to the court under section 36(9) of the Trustee Act 1925 for leave to appoint a new trustee in place of a patient.
Application under section 96(1)(k) of the Act
17
The provisions of rule 15 shall apply with such modifications as may be necessary to an application under section 96(1)(k) of the Act for an order for the exercise of any power vested in a patient of appointing trustees or retiring from a trust.
Application for settlement or gift of patient’s property or for execution of will of patient
18
An application under section 96(1)(d) of the Act for an order for the settlement or gift of any property of a patient, or an application under section 96(1)(e) of the Act for an order of execution for a patient of a will, may be made only by —
a
the receiver for the patient, or
b
any person who has made an application for the appointment of a receiver which has not yet been determined, or
c
any person who, under any known will of the patient or under his intestacy, may become entitled to any property of the patient or any interest in it, or
d
any person for whom the patient might be expected to provide if he were not mentally disordered, or
e
any attorney acting under a registered enduring power of attorney, or
f
any other person whom the court may authorise to make it.
PART IV
SERVICE
Notice of hearing
19
1
Except where these rules provide otherwise or the court directs otherwise, the applicant shall give notice of the hearing of an application in accordance with the following provisions of this rule.
2
Where a receiver has been appointed for a patient he shall, unless he is the applicant, be given notice of the hearing of any application relating to the patient.
3
Where the application is one to which rules 15 or 17 relate, notice of the hearing of the application shall also be given to every person who would have been required to be served with the application notice if the application had been made to the High Court.
4
Notice of the hearing of the application shall also be given to such other persons who appear to the court to be interested as the court may specify.
5
Notice of a hearing shall be given —
a
in the case of a first application for the appointment of a receiver, or an application under rule 16, not less than ten clear days and
b
in the case of any other application, not less than two clear days before the date fixed for the hearing.
6
For the purposes of this rule notice of a hearing shall be given to the person concerned in such manner as the court may direct.
Mode of service
20
Except where these rules otherwise provide, any document required by these Rules to be served on any person shall be served by —
a
delivering it to him personally;
b
sending it to him by first class post or through a document exchange at his last known address; or
c
by transmitting it to him at his last known address by fax or other electronic means.
Service on solicitor
21
Where a solicitor acting for the person to be served with any document endorses on the document or a copy of it a statement that he accepts service on behalf of that person, the document shall be deemed to have been duly served on that person and to have been served on the date on which the endorsement was made.
Substituted service
22
Where it appears to the court that it is impracticable for any reason to serve a document in accordance with rule 20, 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.
Service on person under a disability
23
1
Unless the court otherwise directs, any document required by these Rules to be served on a person who is a minor or patient (in this rule referred to as a person under a disability) shall be served —
a
in the case of a minor who is not also a patient, on his parent or guardian or, if he has no parent or guardian, on the person with parental responsibility as defined in section 3 of the Children Act 1989 ;
b
in the case of a patient —
i
on his receiver or, if he has no receiver,
ii
on the person acting in pursuance of an order or direction under rule 8, or, if there is no such person,
iii
on an attorney acting under a registered power of attorney, or, if there is no such attorney,
iv
on the person with whom he resides or in whose care he is;
and must be served in a manner required by these Rules.
2
Notwithstanding anything in paragraph (1), the court may order that any document which has been served on the person under a disability or on a person other than a person mentioned in that paragraph shall be deemed to be duly served on the person under a disability.
3
Nothing in this rule shall apply to an order required by rule 42 to be served on a patient.
Notification of application for appointment of receiver, etc
24
1
Where —
a
a first application is made for the appointment of a receiver for a patient or for an order authorising a person to do any act or carry out any transaction on behalf of a patient without appointing him receiver, or
b
the court proposes to make a short order or direction;
the patient shall be notified in such manner as the court may direct.
2
Where the patient is a minor, notification under paragraph (1) shall be given to his parent or guardian or, if he has no parent or guardian, to the person with parental responsibility within the meaning of the Children Act 1989.
Notification to next of kin etc. of intention to make application for appointment of receiver
25
1
Where an applicant proposes to make an application for the appointment of a receiver or a new receiver, the applicant shall give notice of his intention to —
a
all relatives of the patient who have the same or a nearer degree of relationship to the patient than the applicant or proposed receiver; and
b
such other persons who appear to the court to be interested as the court may specify;
unless the court directs that such notification shall be dispensed with.
2
For the purposes of this rule, notice of the intention to make an application is given if the person concerned is notified, in such manner as the court may direct, of the identities of the patient, the applicant and the proposed receiver and supplied with such additional information as the court may direct.
Certificate of service or notification
26
1
If the court so directs, a certificate of service showing where, when, how and by whom service was effected shall be filed as soon as practicable after service of a document has been effected in accordance with these Rules.
2
The provisions of paragraph (1) shall apply to the giving of notification under rules 24 and 25 as they apply to the service of documents and references in that paragraph to service shall accordingly be construed as including references to notification and the giving of notification respectively.
PART V
EVIDENCE
Affidavit evidence
27
1
Except where these Rules provide otherwise, evidence in proceedings governed by these Rules shall be given by affidavit.
2
An affidavit for use in proceedings under these Rules may be sworn —
a
in England or Wales, before any person authorised to take affidavits under the Commissioners for Oaths Acts 1889 and 1891 , under the Solicitors Act 1974 , or under the Courts and Legal Services Act 1990 or before any officer of the court of, or above, the rank of higher executive officer;
b
outside England and Wales, before any person before whom an affidavit may be sworn for use in the Supreme Court.
Unsworn evidence
28
1
Notwithstanding rule 27(1), the court may accept and act upon a statement of facts or other such evidence, whether oral or written, as the court considers sufficient, although not given on oath and whether or not it would be admissible in a court of law apart from this rule.
2
The court may give directions as to the manner in which a statement of facts or other written evidence under paragraph (1) is to be given but subject to such directions any such statement or other evidence shall —
a
be drawn up in numbered paragraphs and dated; and
b
be signed by the person by whom it is given.
Written questions to Visitors
29
1
Where a Visitor’s report, or information contained in such a report, has been disclosed to any person in pursuance of section 103(8) of the Act, the court may, on the application of any person who appears to the court to be interested, give leave for written questions relevant to the issues before the court to be put to the Visitor by whom the report was made.
2
The questions sought to be put to the Visitor shall be submitted to the court, which may put to the Visitor with such amendments (if any) as it thinks fit and the Visitor shall give his replies in writing to the questions so put.
3
The court may disclose the replies given by the Visitor under this rule to any person who appears to the court to be interested, or to his legal or medical adviser, on such conditions (if any) as it thinks fit.
4
No Visitor shall be required to give written evidence for the purpose of any proceedings to which these rules relate, other than in accordance with this rule.
5
In this rule, “Visitor” means a Medical or Legal Visitor.
Cross-examination of deponent
30
Any person who has made an affidavit or given a certificate or other written evidence for use in proceedings under these Rules may be ordered by the court to attend for cross-examination.
Administration of oaths
31
The court may direct that an oath be administered to any witness or interpreter in any proceedings before the court.
Filing of written evidence
32
1
Before an affidavit certificate or other evidence is used in any proceedings under these rules it shall be filed but the court may make an order on the basis of such evidence before it is filed if the person tendering it undertakes to file it before the order is drawn up.
2
There shall be endorsed on every affidavit, certificate or other written evidence the name and address of the solicitor, if any, acting for the person on whose behalf it is filed.
Use of evidence in subsequent proceedings
33
1
Except where the court otherwise directs, evidence which has been used in any proceedings relating to a patient may be used at any subsequent stage of those proceedings or in any other proceedings relating to the same patient or to another member of the patient’s family.
2
Without prejudice to paragraph (1), the Master may, upon application being made for that purpose, authorise the use of such evidence in any legal proceedings that he may specify.
Evidence to be filed on a first application for receiver, etc
34
1
Where a first application has been made for the appointment of a receiver for a patient or for a short order or direction under rule 8 authorising any person to do any act or carry out any transaction on behalf of a patient without appointing him receiver —
a
the applicant shall, unless the court otherwise directs, file a medical certificate and evidence of family and property; and
b
the court may —
i
require the applicant to produce to it such evidence as it shall direct of the suitability of the applicant to be appointed a receiver or to do any such act or carry out any such transaction without being appointed receiver; and
ii
make such enquiries as it shall think fit with regard to the suitability of the applicant for such appointment.
2
In this rule, “evidence of family and property” means a certificate or, if the court so directs, in a particular case, an affidavit giving particulars of the patient’s relatives and such other persons as the court may direct, property and affairs and of the circumstances giving rise to the application.
3
Rule 28 applies to unsworn evidence of family and property as it applies to unsworn evidence generally.
Evidence of patient’s recovery or death and inquiry by court as to whether patient has recovered
35
1
Where at any stage of proceedings relating to a patient the court has reason to believe that the patient has recovered or has died, the court may require medical evidence of the recovery or evidence of the death (as the case may be) to be furnished to it by such person as it thinks appropriate.
2
The court shall, from time to time, review a patient’s case where a medical certificate provided to the court expressed an opinion that there is a possibility of mental recovery and make such inquiries and carry out such investigations as it thinks fit to establish whether or not the patient has recovered.
Proof of amount due to public authority
36
The amount due to any public authority for the past maintenance of a patient may, unless the court otherwise directs, be proved by the filing of an account certified under the hand of the proper officer of the authority.
PART VI
HEARING OF PROCEEDINGS
Privacy of applications
37
1
Every application shall be heard in chambers unless, in the case of an application for a hearing by the judge, the judge otherwise directs.
2
The court shall give such directions as it thinks fit concerning the privacy of applications made to it.
Persons attending the hearing
38
Subject to rule 14 the court may determine what persons are to be entitled to attend at any stage of the proceedings relating to a patient.
Representation at hearing
39
Where two or more persons appearing at a hearing are represented by the same legal representative, the court may, if it thinks fit, require any of them to be separately represented.
Reference of proceedings to judge
40
Where a function of the court is not being exercised by a judge, the court, after giving such direction as it thinks fit, shall refer to the judge any proceedings or any question arising in any proceedings which ought, by virtue of any enactment or in its opinion, to be considered by the judge.
Reference of proceedings to Master
41
The judge may refer any proceedings before him or any question arising in them to the Master for inquiry and report.
PART VII
RECEIVERS
Interim provision
42
1
Where in the opinion of the court it is necessary to make immediate provision in relation to the property and affairs of a patient for any of the matters referred to in section 95(1) of the Act —
a
the court may by certificate or direction direct or authorise any named person to do any act or carry out any transaction specified in the certificate or direction; or
b
the court may by order appoint an interim receiver for the patient and, subject to any direction given by the court, such appointment shall continue until further order.
2
An order appointing an interim receiver shall, unless the court otherwise directs, be served upon the patient within such time as the order may specify and the patient may, within such further time as the order may specify, apply under rule 54 for the review of the order by the court or, if the order was made by a judge, apply to have the order set aside.
Remuneration of receiver
43
1
Where a receiver is appointed for a patient, the court may, during the receivership, allow the receiver remuneration for his services at such amount or at such rate as it considers reasonable and proper and any remuneration so allowed shall constitute a debt due to the receiver from the patient and his estate.
2
No request by a receiver to have the sum payable for this remuneration fixed after the death or recovery of the patient shall be entertained unless the court has during the receivership directed that remuneration be allowed and the request is made within six years from the date of the receiver’s discharge.
Appointment of receivers with survivorship
44
Where in the opinion of the court two or more persons ought to be appointed receivers of the same patient and more than one of them ought to continue to act after the death or discharge of any of the others, the court when appointing them receivers direct that the receivership shall continue in favour of the surviving or continuing receiver or receivers.
PART VIII
ENTRY AND ENFORCEMENT OF ORDERS
Sealing and filing of orders
45
Every order, certificate, direction or authority of the court which is drawn up shall, when entered, be sealed and filed.
Entry of order after notification to a patient
46
1
Where —
a
an order is made on a first application appointing a receiver for a patient or directing or authorising any person to do any act or carry out any transaction on behalf of a patient without appointing him receiver; or
b
an order or direction with respect to a patient’s property under rule 8, the order or direction shall not be entered until the expiration of ten clear days after the patient has been notified in accordance with rule 24(1) unless such notification is dispensed with.
2
Nothing in paragraph (1) shall prevent the entry of an interim order, certificate or direction under rule 42 for the protection of a patient’s property or for the application of a patient’s property for his benefit.
Enforcement of orders
47
Every writ of execution or other process for the enforcement of an order of the court shall be issued out of the Central Office of the Supreme Court.
PART IX
SUMMONSES AND ORDERS FOR ATTENDANCE OF WITNESSES AND OTHER PERSONS
Summoning of witnesses
48
1
In any proceedings under these Rules the court may allow or direct any person to take out a witness summons in Form B requiring the person named in it to attend before the court and give oral evidence or produce any document.
2
An application by a person allowed to take out a witness summons shall be made by filing a statement giving —
a
the name and address of the person making the application and of his solicitor, if any;
b
the name, address and occupation of the proposed witness;
c
particulars of any document which the proposed witness is to be required to produce; and
d
the grounds on which the application is made.
3
A witness summons shall be served on the witness personally a reasonable time before the day fixed for his attendance and he shall be entitled to the same conduct money and payment of expenses and loss of time as if he had been summoned to attend the trial of an action in the High Court.
Powers of court where undue delay, etc
49
1
If the court is dissatisfied with the conduct of any proceedings or the carrying out of an order whether by reason of undue delay or otherwise, the court may require the person having the conduct of the proceedings, or any other person appearing to be responsible, to explain the delay or any other cause of dissatisfaction, and may then make such order for expediting the proceedings or otherwise as may be appropriate.
2
For the purposes of paragraph (1), the court may direct any person to make any application and to conduct any proceedings and carry out any directions which the court may specify; and the court may, if it thinks fit and he consents, appoint the Official Solicitor to act as solicitor for the patient in the proceedings in the place of any solicitor previously acting for him.
Order for examination of patient
50
In any proceedings relating to a patient, a judge or Master may make an order for the patient’s attendance at such time and place as he may direct for examination by the Master, a Visitor or any medical practitioner.
PART X
AMENDMENT
Amendment of application
51
1
The court may allow or direct an applicant, at any stage of the proceedings, to amend his application in such manner and on such terms as to costs or otherwise as may be just.
2
The amendment may be effected by making in writing the necessary alterations to the application, but if the amendments are so numerous or of such a nature or length that written alterations would make it difficult or inconvenient to read, a fresh application amended as authorised or directed may be issued.
Clerical mistakes and slips
52
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
53
Where an application, order or direction has been amended under rule 51 or 52, a note shall be placed on it showing the date on which it was amended and the alteration shall be sealed.
PART XI
REVIEWS AND APPEALS
Review of decision not made on an attended hearing
54
1
Any person who is aggrieved by a decision of the court that was made without an attended hearing may apply to the court within fourteen days of the date on which the decision was given to have the decision reviewed by the court.
2
No review shall lie from any decision under rule 83 of these Rules.
3
On considering an application for review the court may either confirm or revoke the previous decision or make any other order or decision which it thinks fit.
4
Any person aggrieved by any order or decision of the court made on considering an application for review may apply to the court for an attended hearing.
Appeal from a decision made on an attended hearing
55
1
Any person aggrieved by a decision of the court made on an attended hearing may, within fourteen days from the date of entry of the order or (as the case may be) from the date of the decision, appeal to a nominated judge.
2
The applicant shall within the fourteen days —
a
serve a notice of appeal in Form C on —
i
every person who appeared, or was represented before, the court when the order or decision was made or given, and
ii
any other person whom the court may direct; and
b
lodge a copy of the notice at the court office.
3
The time and place at which the appeal is to be heard shall be fixed by the court and it shall cause notice of the time and place so fixed to be sent to the appellant who shall immediately send notice of it to every person who has been served with notice of the appeal.
4
No evidence further to that given at the hearing shall be filed in support of or in opposition to the appeal without leave of the court.
PART XII
SECURITY
Receiver to give security
56
1
Where an order is made appointing a person other than an officer of the court or the Official Solicitor as receiver for a patient —
a
the person appointed shall, unless the court otherwise directs, give such security for the due performance of his duties as the court may approve and shall give it before acting as receiver unless the court allows it to be given subsequently; and
b
the order shall not be entered until the person appointed has given to the satisfaction of the court any security required to be given by him before acting.
2
The court may from time to time vary or dispense with any security required.
Manner of giving security
57
Subject to any directions of the court, security may be given in any one of the following ways, or partly in one of those ways and partly in another —
a
by a bond approved by the court and given by the person giving security and also by —
i
an insurance company, a group of underwriters or a bank approved by the court; or
ii
with the approval of the court, two personal sureties; or
b
in such other manner as the court may approve.
Lodgement of security
58
Any security given by lodgment of money or stock shall be dealt with in accordance with the terms of the direction filed when the lodgment was made.
Discharge of security where new security given
59
Where a receiver is authorised or directed to give new security, and —
a
the new security has been completed; and
b
he has paid or secured to the satisfaction of the court any balance due from him,
the former security shall, unless the court otherwise directs, be discharged.
Maintenance of security by bond
60
Every person who has given security by a bond shall, whenever his accounts are passed, or the court so directs, satisfy the court —
a
that any premiums payable in respect of the bond have been duly paid;
b
if the bond was given by personal sureties, that each surety is living and within the jurisdiction and has neither been adjudicated bankrupt nor compounded with his creditors,
and, if the court is not so satisfied, it may require new security to be given or may give such other directions as it thinks fit.
PART XIII
ACCOUNTS
Passing of accounts
61
1
Every receiver shall —
a
annually;
b
on the death or recovery of the patient for whom he has been appointed receiver; and
c
at any other time that the court may direct
deliver his accounts to the court within such time and in such manner as the court shall direct.
2
The receiver shall answer such requisitions on his accounts as the court shall raise and in such manner and in such time as the court shall direct.
3
On the passing of any accounts the court shall make all proper allowances out of the patient’s estate, including an allowance in respect of the reasonable and proper costs of the receiver in passing the accounts.
4
The court may direct that a receiver need not account under this rule or may dispense with the passing of any accounts at any time at which they would otherwise require to be passed.
Application of balance due from receiver
62
The balance found due from a receiver on the passing of his accounts or so much of it as the court may direct, shall —
a
be paid by the receiver into court to the credit of the proceedings and invested in such manner as the court may direct, or
b
be invested or otherwise dealt with by the receiver in such manner as the court may direct.
Default by receiver
63
Where a receiver fails to comply with rule 61 or 62 or fails to pay into court or invest or otherwise deal with any money in accordance with any direction of the court, the court may disallow any remuneration which would otherwise be due to the receiver and, if he has made default in paying into court or investing or otherwise dealing with any money, may charge him with interest on it at such rate as the court may reasonably fix, for the period of his default.
Payment of maintenance and costs
64
Unless otherwise directed, any money ordered to be paid by a receiver for maintenance shall be paid out of income and any costs ordered to be paid by a receiver may, when agreed, assessed by way of detailed assessment or fixed, be paid out of any moneys coming into his hands, after providing for any maintenance and fees payable under these Rules.
Final accounts
65
1
Every receiver shall, on the death or recovery of the patient for whom he has been appointed receiver, deliver his final account to the court within such time and in such manner as the court shall direct.
2
On the discharge or death of a receiver, the receiver, or in the case of his death, his personal representatives, shall deliver a final account to the court within such time as the court shall direct.
3
The court shall pass the final account of a receiver from the date of the receiver’s last account or, if no account of his has previously been passed, from the date of his appointment, unless in the opinion of the court the passing of such accounts may properly be dispensed with.
4
If a balance is found due from a receiver or his estate, he or his personal representatives (as the case may be) shall pay it into court or otherwise deal with as the court may direct.
5
If a balance is found due to the receiver or his estate, it shall be paid to him or his personal representatives (as the case may be) by the patient or out of the patient’s estate.
6
On payment of any balance found due from a receiver, or if no balance is found due from him or the passing of his accounts has been dispensed with under paragraph (1), the security of the receiver shall be discharged.
Accounting by other persons
66
Rules 63 to 65 shall also apply, to the extent directed by the court, to any person who is —
a
directed to deal with the patient’s property or affairs under rule 8;
b
directed or otherwise authorised to act under rule 42(1)(a); or
c
appointed an interim receiver under rule 42(1)(b),
as they apply to a receiver.
PART XIV
INQUIRIES
Inquiries as to desirability of appointment of receiver, etc
67
1
Where the court has reason to believe that a receiver should be appointed for a patient or that any other function of the court should be exercised with respect to the property and affairs of a patient, the court may direct —
a
a Medical or Legal Visitor, or, if he consents, the Official Solicitor or any other appropriate person to visit the patient and report to the court whether it is desirable in the interests of the patient that an application should be made for that purpose, and, in the case of a report by a Medical or Legal Visitor, whether there is any other matter which the court should consider before exercising its functions in relation to a patient’s property and affairs; or
b
a Medical Visitor to visit the patient and report to the court on the capacity of the patient to manage and administer his property and affairs.
2
On receiving any report pursuant to paragraph (1), the court may —
a
direct an application to be made pursuant to rule 11; or
b
if the report is by a Medical Visitor and the court is satisfied that the patient is incapable, by reason of mental disorder, of managing and administering his property and affairs, make an order appointing a receiver or exercising any other function with respect to the patient’s property and affairs.
3
The court may direct a General Visitor or any other appropriate person to visit the patient and report whether it is desirable for any functions in relation to the patient’s property and affairs to be exercised.
4
On receiving any report pursuant to paragraph (3) —
a
the court may direct that an application be made pursuant to rule 11; or
b
the court may exercise any function conferred on it in relation to a patient’s property and affairs.
Inspection of a patient’s property
68
For the purpose of any proceedings relating to the property of a patient —
a
the court may inspect the property or direct an officer of the court, the Official Solicitor (if he consents) or any other appropriate person to inspect the property, make any necessary enquiries and report to the court; and
b
the court may, if it thinks fit and of its own motion, make such an inspection and inquiries or direct some other appropriate person to do so and report to it.
Inquiries as to prior dealing with the patient’s property
69
In any proceedings relating to a patient the court may make or cause to be made such inquiries as it thinks fit as to any dealing with the patient’s property before the commencement of the proceedings and as to the patient’s mental capacity at the time of such dealing.
Inquiries as to testamentary documents executed by patient
70
The court may make or cause to be made inquiries whether any person has in his possession or under his control or has any knowledge of any testamentary document executed by a patient, and may direct that person to answer the inquiries on oath and to produce any such document which is in his possession or under his control and to deal with it in such manner as the court may direct.
Power to direct other inquiries
71
The court may make or cause to be made any other inquiries which it or he may consider necessary or expedient for the proper discharge of its functions under the Act of these rules.
PART XV
CUSTODY AND DISPOSAL OF FUNDS AND OTHER PROPERTY
Statement of property retained or deposited
72
Where under a direction of the court any furniture or effects of a patient are allowed to remain in the possession of, or deposited with, any person, that person shall, unless the court otherwise directs, sign and file an inventory of the furniture or effects and an undertaking not to part with them during the patient’s lifetime except on a direction under seal.
Stock in name of patient or receiver
73
1
Where any stock —
a
is standing in the name of a patient beneficially entitled to it; or
b
is standing in the name of a receiver in trust for a patient, or as part of his property, and the receiver dies intestate or himself becomes incapable by reason of mental disorder of acting as receiver, or is out of the court’s jurisdiction, or it is uncertain whether he is still alive, or he neglects or refuses to transfer the stock or to receive and pay over the dividends as the court directs,
the court may order some proper person to transfer the stock into the name of the receiver or, as the case may be, a new receiver for the patient or into court or otherwise deal with it as the court may direct and also to receive and pay over the dividends as the court directs.
2
Where an order made under paragraph (1) or under section 100 of the Act directing stock to be transferred into court, the person required to effect the transfer shall be —
a
in the case of stock standing in the stock register kept by the Bank of England or any other bank or by the Crown Agents for Overseas Governments and Administrations, some proper officer of the bank or Crown Agents;
b
in any other case, some proper officer of the company or other body whose stock is to be transferred,
and that person shall, if so ordered, receive any sum accrued due before the transfer by way of dividend, bonus or periodical payment in respect of the stock and pay it into court to the general account of the patient or to a separate account or otherwise deal with it as the court may direct.
Disposal of property on patient’s recovery or death
74
1
On the recovery of a patient the court may order any money, securities or other property belonging to the patient, or forming part of his estate, or remaining under the control of, or held under the directions of the court, to be transferred to the person who appears to be entitled to it.
2
On the death of a patient the court may direct any money, securities or other property belonging to the patient or forming part of his estate, remaining under the control of, or held under the direction of the court, to be transferred to the person who appears to be entitled to it.
3
If no grant of representation has been taken out to the estate of a deceased patient and it appears to the court that the assets of the estate, after deduction of debts and funeral expenses, do not exceed £5,000 in value, the court may, if it thinks fit, provide for payment of the funeral expenses out of any funds in court standing to the credit of the deceased and order that any such funds, or the balance of them, or any other property of the patient remaining under the control, or held under the directions, of the court be paid, transferred, delivered or released (as appropriate) to the personal representative of the deceased when constituted or to the person who appears to be entitled to apply for a grant of representation to his estate.
4
The court may at any time, pending notification to him of the grant of representation to the estate of a patient, direct that any money or securities which belonged to the patient when he died and were not already in court shall be transferred to the court.
PART XVI
COPIES OF DOCUMENTS
Copies of documents in court
75
1
Any person who has filed an affidavit or other document shall, unless the court otherwise directs, be entitled, on request, to be supplied with a copy of it.
2
The person having the conduct of any proceedings shall, unless the court otherwise directs, be entitled, on request, to be supplied by the court with a copy of any order, certificate, authority, direction or other document made, given or prepared by the court in the proceedings.
3
Any other person may, on request, be supplied with a copy of any such document as is mentioned in paragraph (1) or (2), if the court is satisfied that he has good reason for requiring it and that it is not reasonably practicable for him to obtain it from the person entitled to bespeak a copy from the court.
4
Any copy of any document supplied under paragraphs (1), (2) or (3) shall, if so required, be marked as an office copy.
PART XVII
FEES
Appendix of fees
76
1
The Appendix to these Rules, in this Part of these Rules described as “the Appendix”, shall apply so as to fix the fees payable pursuant to the following provisions of this Part of these Rules.
2
Subject to paragraph (3), the fee specified in the Appendix shall be taken in respect of proceedings governed by these Rules.
3
The fee prescribed by rule 78 and contained in the corresponding provisions of the Appendix shall not be payable where an officer of the court has been appointed and is acting as receiver for the patient.
4
Subject to paragraph (5), the person by whom any fee (other than a fee payable under rule 82) is payable shall, unless the court otherwise directs make the payment out of the income of the patient or, if dead, out of his estate.
5
Where the payment of a fee is made by the Accountant General then, unless the court directs that payment is to be made out of the income of the fund, the Accountant General shall meet the fee from any cash sums held in court to the account of the patient.
Commencement fee
77
A commencement fee shall be payable on any first application for the appointment of a receiver in respect of any patient.
Administration fee
78
1
An administration fee shall be payable —
a
on the first and every subsequent anniversary of the date of the appointment of a receiver, until the termination of the proceedings, and at such other times either during the proceedings or at their termination as the Court may direct;
b
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.
2
The court shall annually, or at such other intervals as may be convenient, issue a certificate in respect of each patient stating —
a
the amount of the administration fee payable in respect of the patient at the date of the certificate;
b
the period in respect of which the administration fee is payable; and
c
the name of the person by whom the payment is made.
3
Upon the issue of a certificate under this rule 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.
4
In any case in which it appears to the court that amount of the fee certified under this rule has been wrongly assessed, the court may direct that the fee is to be adjusted as it appears to it to be convenient.
5
No administration fee shall be taken where the proceedings are terminated less than four weeks from the date of issue of the first application for the appointment of a receiver.
Transaction fee
79
1
A transaction fee shall be payable in respect of any order or direction or, as the case may be, any application for an order or direction to be made in exercise of the specific powers conferred by —
a
paragraphs (d), (e), (h) or (k) of section 96(1) of the Act;
b
section 100 of the Act;
c
sections 36(9) and 54 of the Trustee Act 1925; and
d
section 1(3) of the Variation of Trusts Act 1958 .
2
A transaction fee shall be payable in respect of an application for authorisation of a person under section 20 of the Trusts of Land and Appointment of Trustees Act 1996 .
3
In a special case, the standard fee payable in accordance with the Appendix shall be increased in accordance with the Appendix where there is readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the patient (otherwise than by way of a loan to, or repayment of a loan by, the patient), no account being taken of the possible capitalisation of the value of rents or interests or other income payments.
4
Where a transaction is to be approved under an order or direction mentioned in paragraph (1), or authorisation is to be given as mentioned in paragraph (2), the fee shall be taken —
a
in a special case, upon the approval of the transaction;
b
otherwise, upon the making of the application for the order, direction or authorisation
and the court shall issue a certificate stating the amount payable.
5
A transaction fee as specified in paragraph 3(4) of the Appendix shall be payable on application for the appointment of a new receiver.
6
A transaction fee as specified in paragraph 3(5) of the Appendix shall be payable upon the making of the application for an order or direction to be made in exercise of the specific powers conferred by paragraph (b) of section 96(1) of the Act, offering or authorising the sale of any land as defined in the Law of Property Act 1925 .
7
Except where the court otherwise directs, no fee shall be payable under this rule upon the sale or purchase of personal chattels or any investment for the time being authorised by law for the investment of trust property or in securities quoted on any stock exchange in the United Kingdom.
8
In this rule —
a
“special case” means an order made by the court under paragraphs (d) or (h) of the Act or under section 1(3) of the Variation of Trusts Act 1958; and
b
references to an application for an order or direction include (without limitation) an application for an order or direction made at the same time as a first application for the appointment of a receiver or other originating process.
Fee on detailed assessment of costs
80
A fee is payable in respect of the detailed assessment of costs and on an appeal against a decision made in a detailed assessment of costs.
Receivership fees
81
1
An appointment fee shall be payable, as set out in paragraph 5 of the Appendix, upon the appointment of an officer of the court as receiver for a patient.
2
In cases where an officer of the court is receiver a receivership administration fee shall be payable —
a
on the first and every subsequent anniversary of the date of his appointment as receiver, until the termination of the proceedings, and at such other times either during the proceedings or at their termination as the court may direct;
b
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.
3
The court shall annually, or at such other intervals as may be convenient, issue a certificate in respect of each patient stating —
a
the amount of the administration fee payable in respect of the patient at the date of the certificate;
b
the period in respect of which the administration fee is payable; and
c
the name of the person by whom the payment is made.
4
No administration fee shall be taken where the proceedings are terminated less than four weeks from the date of issue of the first application for the appointment of a receiver.
Winding up fee
82
A winding up fee shall be payable on the death of a patient in cases where a receiver has been appointed.
Remission and postponement
83
1
The court may remit or postpone the payment of the whole or part of any fee where in its opinion hardship might otherwise be caused to the patient or his dependants or the circumstances are otherwise exceptional.
2
The court may remit a payment of the whole or any part of any fee where the cost of calculation and collection would be disproportionate to the amount involved.
PART XIII
COSTS
Costs generally
84
1
All costs incurred in relation to proceedings under these Rules and not provided by way of remuneration under rule 43, shall be in the discretion of the court and it may order or direct them to be paid by the patient or charged on or paid out of his estate by any other person attending or taking part in the proceedings.
2
Every order made or direction given under paragraph (1) shall be enforceable in the same manner as an order as to costs made by the High Court.
3
An order or direction that costs incurred during the lifetime of a patient be paid out of or charged on his estate may be made within six years after his death.
Applications under sections 36(9) and 54 of the Trustee Act 1925
85
The court may make any such order with respect of the costs of an application under section 36(9) or 54 of the Trustee Act 1925 as the High Court could make under section 60 of that Act in relation to any matter referred to in that section.
Civil Procedure rules to apply
86
1
Subject to the provisions of these Rules, Parts 43, 44, 47 and 48 of the Civil Procedure Rules 1998 (“the 1998 Rules ”) shall apply, with the modification in paragraph (2) and such other modifications as may be necessary, to costs incurred in relation to proceedings under these Rules as they apply to costs incurred in relation to proceedings in the High Court.
2
The modifications referred to in paragraph (1) are —
a
in rule 43.2(1)(c) of the 1998 Rules, costs officer shall include —
i
a judge;
ii
the Master;
b
in rule 43.2(1)(d) of the 1998 Rules, authorised court officer shall include an officer of the court;
c
rule 44.3(2) of the 1998 Rules (costs follow the event) does not apply;
d
rules 44.9 to 44.12 of the 1998 Rules (costs on small claims and fast tracks and on track allocation or reallocation) do not apply;
e
rules 48.1 to 48.3 (costs payable by or to particular persons) and 48.7 to 48.10 (costs relating to solicitors and other legal representatives) of the 1998 Rules do not apply.
Costs of unnecessary employment of solicitor, etc not to be allowed
87
1
No receiver for a patient, other than the Official Solicitor, shall, unless authorised by the court, be entitled at the expense of the patient’s estate to employ a solicitor or other professional person to do any work not usually requiring professional assistance. Where two or more persons having the same interest in relation to the matter to be determined attend any hearing by separate legal representatives, they shall not be allowed more than one set of costs of that hearing unless the court certifies that the circumstances justify separate representation.
Costs of Official Solicitor
88
Any costs incurred by the Official Solicitor in relation to proceedings under these Rules or in carrying out any directions given by the court, and not provided for by remuneration under rule 43, shall be paid by such person on or out of such funds as the court may direct.
Ascertainment of costs not relating to the proceedings
89
Where in any proceedings relating to a patient a claim is made against his estate in respect of any costs alleged to have been incurred by him or on his behalf or otherwise than in relation to proceedings, the court may refer the claim to a costs judge of the Supreme Court so that the amount due to the claimant may be ascertained by him or under his direction.
PART XIX
APPROVAL OF DEEDS
Approval of deeds
90
The seal of the court on any deed or other document shall be evidence that its terms have been approved by the court.
PART XX
TRANSITIONAL PROVISIONS
Transitional provisions
91
1
Where any matter is pending before the Public Trustee before the coming into force of these Rules, which, by virtue of these Rules relates to a function exercised by the court, the court shall decide the matter in accordance with these Rules.
2
Where any review or appeal is pending before the court or the Public Trustee before the coming into force of these Rules, it shall be dealt with in accordance with the provisions of these Rules.
PART XXI
REVOCATION
Revocation of previous rules
92
The Court of Protection Rules 1994 , the Court of Protection (Amendment) Rules 1999 and the Court of Protection (Amendment) Rules 2000 are hereby revoked.
Irvine of Lairg, C
Dated 1st March 2001
We consent
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 6th March 2001


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Parliamentary Elections (Returning Officers' Charges) Order 2001 and shall come into force on 15th May 2001.
2
This Order shall not extend to Northern Ireland.
3
The Parliamentary Elections (Returning Officers' Charges) Order 1997 is hereby revoked.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
services of a kind described in paragraph 1 of Part A of the Schedule to this Order (hereinafter referred to as “services specified in Part A of the Schedule”);
b
expenses of a kind described in paragraphs 1(1), 2(1) and 3(1) of Part B of the Schedule to this Order (hereinafter referred to as “expenses specified in Part B of the Schedule”); and
c
expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as the amounts set out in the right-hand column of those Parts in respect of each entry set out opposite thereto in the left-hand column of those Parts.
3
The maximum recoverable amounts at an uncontested election are hereby specified as —
a
£408.11 in respect of the services specified in Part A of the Schedule, and
b
£1007.97 in respect of the expenses specified in Part B of the Schedule.
4
In the Schedule to this Order —
a
“election” means a parliamentary election,
b
“combined polls” refers to the poll at a parliamentary election and the poll at some other election when they are taken together under section 15(1) or (2) of the Representation of the People Act 1985 , and
c
any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as it has effect on the last day for publication of notice of the election.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
23rd April 2001
We consent to the Order
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Organic Farming (England Rural Development Programme) Regulations 2001, shall apply to England and shall come into force on 19th March 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“aid” means the payments made under the support scheme referred to in Chapter VI of Title II of Council Regulation 1257/1999 in respect of that part of the England Rural Development Programme which relates to support for organic farming;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming or livestock breeding and keeping and the use of land for grazing, meadow land, market gardens or nursery grounds but does not include the use of land —
as osier land, or
for woodlands, except where that use is ancillary to any other use of land for the purposes of agriculture;
“application” means —
an application for aid in writing, made under these Regulations, and in such form as the Minister may reasonably direct, or
except in regulations 3 to 6, an application within the meaning of the Organic Farming Regulations made after 29th July 1999, which was made in accordance with regulation 9 of those Regulations and which was accepted by the Minister before 1st January 2000,
in respect of one or more organic parcels comprising the whole or part of an organic unit which comprises the whole or part of the applicant’s holding, and “applicant” and “apply” shall be construed accordingly;
“approved” means approved by an inspection authority;
“beneficiary” (except in regulation 10(2)) means —
a person whose application has been accepted by the Minister, or
a person who occupies an organic unit following a change of occupation of the holding, who has given an undertaking to comply with the obligations assumed by its previous occupier under these Regulations, in so far as they relate to land comprised in that organic unit, or the part of the organic unit occupied by him, and whose undertaking in such terms has been accepted by the Minister;
“certificate of registration” means a certificate issued by an inspection authority in respect of an organic parcel, which —
specifies the conversion period which applies in relation to that organic parcel, or the date on which that conversion period begins, and
is accompanied by a schedule giving details of the land comprised in the organic unit of which that organic parcel forms the whole or part,
and for this purpose a certificate so issued is issued “in respect of” an organic parcel if it relates to that organic parcel, whether or not it also relates to any other organic parcel;
“ Commission ” means the Commission of the European Communities;
“ Commission Regulation ” means Commission Regulation ( EC ) No. 1750/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 , as last amended by Commission Regulation (EC) No. 2075/2000 ;
“conversion”, in relation to an organic parcel, means the conversion of that organic parcel to being fully organic;
“conversion period”, in relation to an organic parcel, means the period determined by the inspection authority as the period in which the conversion of that organic parcel is expected to be completed, being a period starting —
in relation to the first organic parcel, not later than the date of receipt; and
in relation to any other organic parcel, not later than the fifth anniversary of the date of receipt;
“ Council Regulation 2092/91 ” means Council Regulation ( EEC ) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as last amended by Commission Regulation (EC) No. 2020/2000 ;
“ Council Regulation 3508/92 ” means Council Regulation (EEC) No. 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes, as last amended by Council Regulation 1593/2000 ;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund;
“date of receipt”, in relation to an organic parcel, means the date on which the Minister received an application in accordance with regulation 3(2), or in accordance with regulation 9 of the Organic Farming Regulations, in respect of that organic parcel;
“England Rural Development Programme” means the England Rural Development Programme approved by the Commission under Article 44 of Council Regulation 1257/1999;
“first organic parcel” means, of all the organic parcels comprised in an application, the organic parcel the conversion period for which begins first;
“first year” means —
in relation to an organic parcel —
in a case where the conversion period in respect of the organic parcel has commenced no later than the date of receipt, the year beginning with the date of receipt; and
in any other case, the year beginning with the anniversary of the date of receipt which is the first such anniversary to occur during the conversion period relating to the organic parcel in question; and
in relation to an organic unit, the first year in relation to the first organic parcel to which an application relates, being the first such application relating to land comprised in that organic unit;
and any reference to any successive year is a reference to the relevant successive year following in sequence from the first year;
“fully organic” in relation to an organic parcel or organic unit means that —
the inspection authority is satisfied that the conversion of that organic parcel or organic unit is completed; and
notification having been given under Article 8 of Council Regulation 2092/91, details of such organic parcel or organic unit have appeared in the list referred to in that Article;
“grazing year” means any period of twelve months beginning with the date of receipt or any anniversary of the date of receipt;
“holding” has the meaning specified in Article 1.3 of Council Regulation 3508/92;
“inspection authority”, in relation to an organic unit or organic parcel, means —
the authority designated by the Organic Products Regulations 2001 for the purposes of Article 9 of Council Regulation 2092/91, or
a private inspection body approved by that authority in accordance with Article 9 of that Regulation (which concerns the inspection system to which organic farming is subject), being the authority or private inspection body to whom the applicant has applied to carry out inspection functions in relation to that organic unit or organic parcel;
“land” means land which is used for agriculture;
“landlord” means, in relation to the tenant of a holding, any person who either solely or jointly owns, or has a superior tenancy of, that holding, and “immediate landlord” means the landlord from whose title (or, as the case may be, joint title) the tenant directly derives his title;
“last organic parcel”, means of all the organic parcels which are the subject of an application, the organic parcel the conversion period for which begins last;
“livestock” means any animal kept for the production of food, wool or skins or for the breeding of any animal for any such purpose;
“livestock undergoing conversion” means livestock which are identified in an approved plan as being in the process of being converted into organic livestock, and which fully conform to those UKROFS standards which apply in relation to the organic farming of livestock undergoing conversion;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“organic farming” means farming by organic farming methods;
“organic farming methods” means methods of farming which comply with the provisions of Council Regulation 2092/91;
“Organic Farming Regulations” means the Organic Farming Regulations 1999 ;
“organic livestock” means livestock that are identified in an approved plan as being livestock that fully conform to those UKROFS standards which apply in relation to the organic farming of livestock;
“organic parcel” means an area of land which comprises the whole or part of an organic unit and which is identified in an approved plan by reference to such system of field numbering as the Minister may direct;
“organic unit” means an area of land which comprises the whole or part of a holding, and which has been established as an organic unit in accordance with Annex III to Council Regulation 2092/91 (which concerns the delineation of the organic unit by any inspection authority in a report countersigned by the producer);
“owner” means the person who holds the fee simple of the holding, and “owns” shall be construed accordingly;
“plan” means a schedule in writing specifying, in relation to an organic unit —
those parcels which have been registered by the inspection authority;
those parcels which are to be registered in the future;
the date on which such organic parcels have been or (as the case may be) are to be registered; and
where the plan relates to land on which livestock are kept, the livestock that are undergoing conversion or are organic livestock;
“specified period”, in relation to an application, means the period beginning with the date of receipt and ending on the expiry of the period of five years from the date on which the first payment becomes payable in respect of the last organic parcel which is the subject of that application;
“tenant” means a person whose right to occupation of a holding derives from —
an agreement which has effect by virtue of section 2 of the Agricultural Holdings Act 1986 as an agreement for the letting of land on a tenancy from year to year;
a tenancy agreement falling within section 1 of the Agricultural Tenancies Act 1995 ; or
a contract for a tenancy for a fixed term of years; and
“UKROFS standards” means the production standards for organic farming of the United Kingdom Register of Organic Food Standards published in February 2001 by the Ministry of Agriculture, Fisheries and Food and known as the UKROFS Standards for Organic Food Production.
2
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
3
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
Acceptance of applications for aid
3
1
The Minister may accept applications for aid in accordance with the provisions of this regulation.
2
If, following the receipt of an application supported by such information and evidence as the Minister may reasonably direct to be supplied, it appears to the Minister that the applicant satisfies the conditions of eligibility specified in regulation 4 in respect of all, some or any one of the organic parcels that are the subject of that application (“the eligible organic parcels”), the Minister may, subject to regulations 5 and 6, accept the application with respect to the eligible organic parcel or parcels and notify the applicant in writing of such acceptance and the date from which aid shall become payable in respect of the eligible organic parcel or parcels.
3
An application may be withdrawn by a notice in writing given by the applicant at any time before the application is accepted by the Minister.
Conditions of eligibility
4
1
The conditions of eligibility referred to in regulation 3(2) are that —
a
the application is made in respect of not less than one hectare of land;
b
at the date of his application, the applicant is the owner or tenant of the land which is the subject of his application and in lawful occupation of that land;
c
the organic parcel, or any organic unit comprising land to which the application relates, is not fully organic at the date of receipt and has not been fully organic at any time during the period beginning on 10th August 1993 and ending on the date of receipt; and
d
the applicant gives the undertakings mentioned in paragraph (2) in support of his application.
2
The undertakings referred to in paragraph (1)(d) are —
a
before making a claim for payment of aid in respect of any organic parcel, to furnish to the Minister a certificate of registration in respect of that organic parcel;
b
for the duration of the specified period —
i
to retain a certificate of registration in respect of each organic parcel on which aid has been claimed;
ii
to farm the land that is the subject of his application, and such part of the organic unit comprising that land as at any given time is being farmed by organic farming methods, in accordance with the proposals set out in his application and with UKROFS standards and the obligations set out in Schedule 1;
iii
where, at the date of his application, the applicant has introduced organic farming on a part of his holding other than the part which is the subject of the application, to ensure that that other part conforms to UKROFS standards and continue with organic farming on that other part of his holding, in accordance with UKROFS standards;
c
to complete the conversion of each organic parcel no later than the fifth anniversary of the date on which the conversion period in respect of the organic parcel in question begins; and
d
during the specified period, to utilise the aid paid under regulation 7(1)(b) towards the costs of obtaining advice or training in relation to organic farming practices.
Restrictions on acceptance of applications
5
1
The Minister shall not accept an application unless —
a
it is accompanied by a certificate of registration given by the inspection authority in respect of the first organic parcel; and
b
it contains a declaration by the applicant that the inspection authority has approved a plan relating to the whole of the organic unit comprising the organic parcel to which the application relates.
2
The Minister shall not accept an application unless it is made within six months of the date on which the first certificate of registration is issued, in respect of the first organic parcel, by an inspection authority.
3
The Minister shall not accept an application from an applicant who occupies his holding as a tenant unless the applicant has satisfied the Minister that he has notified his immediate landlord in writing of the making of such application.
Financial limits
6
1
If, in view of the total number of applications already approved or received, the Minister is at any time of the opinion that the financial resources which are available for payment of aid under these Regulations during any period are insufficient to satisfy any payment during that period which would result from the approval of any further application, he may, in respect of any application received at the date of his decision but not yet accepted, or any application he may receive during the relevant period —
a
suspend further consideration of any such application until such time as may subsequently be specified by him; or
b
reject any such application without further consideration.
2
Notice of —
a
a decision —
i
to suspend consideration of any applications under sub-paragraph (1)(a); or
ii
to reject any applications without further consideration under sub-paragraph (1)(b), or
b
of the termination of the period of any such suspension or of the relevant period,
shall be published in the London Gazette.
3
In paragraphs (1) and (2), “the relevant period” means the period beginning with the day after the date of the Minister’s decision referred to in paragraph (1), or any subsequent date specified by him in a notice under paragraph (2)(a), and ending with such date as may subsequently be specified by him in a notice under paragraph (2)(b).
Payments of aid
7
1
Subject to the provisions of regulation 9, payments of aid shall be made —
a
in respect of an organic parcel, to any person who is a beneficiary in respect of that organic parcel, and
b
in respect of an organic unit, to any person who is a beneficiary in respect of an organic parcel comprised in that organic unit,
provided that, in respect of any given year, the beneficiary has made a claim for payment in respect of that year in accordance with paragraph (3), and has supplied such further information and evidence in relation to that claim as the Minister reasonably may direct to be supplied.
2
A claim for the payment of aid shall be made at such time as the Minister may reasonably direct.
3
A claim for the payment of aid shall be in writing and in such form, and shall contain such information, as the Minister reasonably may direct.
4
A payment made by the Minister to a beneficiary pursuant to these Regulations may be made at any time during the year in respect of which the payment in question is to be made.
Determination of periods for which aid is paid and amount of aid
8
1
Subject to the provisions of these Regulations, where a beneficiary is entitled to the payment of aid, the aid shall be paid in respect of the following periods —
a
in respect of an organic parcel, five years beginning with the first year; and
b
in respect of an organic unit, three years beginning with the date of receipt of the first application relating to land comprised in that organic unit.
2
The amount of aid payable under regulation 7(1)(a) shall be determined in accordance with Part I of Schedule 2; the amount of aid payable under regulation 7(1)(b) shall be determined in accordance with Part II of Schedule 2.
Restrictions on payment of aid
9
1
Aid shall not be payable in relation to an application which has been accepted in respect of any period before the date of receipt.
2
No payment of aid shall be made in respect of an organic parcel until the Minister has received a certificate of registration in respect of that organic parcel.
3
Where an application in respect of an organic parcel is accepted before the date on which the conversion period in respect of that organic parcel begins, no payment of aid in respect of that organic parcel shall be made in respect of any period beginning before the anniversary of the date of receipt which is the first such anniversary to occur during that conversion period.
4
Aid shall not be payable under regulation 7(1)(a) in respect of any organic parcel in respect of any period beginning more than five years after the date on which the first payment of aid became payable in respect of that organic parcel.
Obligations of beneficiary
10
1
A beneficiary shall comply with the terms of his undertakings under regulation 4(2), or (subject to paragraph (2)), in the case of a beneficiary whose application was accepted under the Organic Farming Regulations, with the terms of his undertakings under regulation 5(1)(d) of those Regulations.
2
A person who is a beneficiary within the meaning of the Organic Farming Regulations, whether a person to whom those Regulations apply or a person to whom they applied immediately before the coming into force of these Regulations —
a
shall be released from the undertaking referred to in regulation 5(2)(b)(iii) of those Regulations; and
b
in respect of the remainder of the specified period, shall utilise the amount of any aid paid under regulation 3(1)(b) of those Regulations, and (so far as material) any aid paid under regulation 7(1)(b), towards the costs of obtaining advice or training in relation to organic farming practices.
Power to vary undertakings
11
1
Subject to paragraph (2), the Minister may in writing, at the request of the beneficiary, vary the terms of any undertaking given by the beneficiary under regulation 4(1)(d), and any such variation may be subject to such conditions as the Minister reasonably may determine and may be expressed to apply only for a specified period.
2
The Minister shall not vary the terms of an undertaking unless he is satisfied that, having regard to any conditions proposed to be attached to the variation, the fulfilment of the purposes for which the undertaking was given will not be adversely affected by the variation.
Amendment of approved plan
12
No amendment to a plan approved by an inspection authority shall have effect unless such amendment has been approved by that inspection authority.
Obligation to keep records
13
A beneficiary shall keep for the duration of the specified period any correspondence or other records relating to any application or claim for payment made by him, and any records relating to his farming of any land in accordance with his obligations under these Regulations.
Amendment of the Organic Farming Regulations 1999
14
1
The Organic Farming Regulations shall cease to apply in relation to any persons whose applications were made after 29th July 1999 .
2
In so far as the Organic Farming Regulations continue to apply, regulation 16(2) of those Regulations shall cease to apply in relation to any failure to comply with an undertaking referred to in regulation 5(2)(b)(iii) of those Regulations prior to the coming into force of these Regulations.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th February 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Electricity Industry Exemption) Order 2001, and shall come into force on 26th March 2001.
Interpretation
2
In this Order —
“Ancillary Services” means services which generators and suppliers of electricity and those making transfers of electricity across an Interconnector are required (as a condition of their connection to the transmission system in England and Wales) or have agreed to make available to NGC for the purpose of securing stability of operation on the electricity transmission system and distribution systems in England and Wales or any system linked to it or them by an Interconnector;
“Balancing and Settlement Arrangements” means:
arrangements pursuant to which BSC Parties may make, and NGC may accept, offers or bids to increase or decrease the quantities of electricity to be delivered to or taken off the electricity transmission system and distribution systems in England and Wales at any time or during any period so as to assist NGC in operating and balancing its electricity transmission system, and arrangements for the settlement of financial obligations arising from the acceptance of such offers and bids; and
arrangements —
for the determination and allocation to BSC Parties of the quantities of electricity that have been delivered to and taken off the electricity transmission system and distribution systems in England and Wales; and
which set, and provide for the determination and financial settlement of BSC Parties' obligations arising by reference to the quantities referred to in subparagraph (i), including the difference between such quantities (after taking account of accepted bids and offers in the Balancing Mechanism) and the quantities of electricity contracted for sale and purchase between BSC Parties;
“Balancing Mechanism” means the arrangements pursuant to which BSC Parties may make, and NGC may accept, offers or bids to increase or decrease the quantities of electricity to be delivered to or taken off the electricity transmission system and distribution systems in England and Wales at any time or during any period so as to assist NGC in operating and balancing its electricity transmission system, and arrangements for the settlement of financial obligations arising from the acceptance of such offers and bids, being part of the Balancing and Settlement Arrangements;
“Balancing Services” means —
offers and bids made in the Balancing Mechanism;
Ancillary Services; and
other services available to NGC which serve to assist it in operating its electricity transmission system in accordance with the Electricity Act 1989 and the Transmission Licence;
“BSC Agents” means the persons for the time being engaged by or on behalf of ELEXON Limited (a company registered in England under number 3782949) for the purpose of providing services to all BSC Parties, NGC, ELEXON Limited and ELEXON Clear Limited (a company registered in England under number 4027298) in connection with the operation of the Balancing and Settlement Arrangements;
“BSC Parties” means those persons (other than NGC, ELEXON Limited and ELEXON Clear Limited) who have signed or acceded to (in accordance with the terms of the BSC Framework Agreement), and not withdrawn from, the BSC Framework Agreement;
“BSC Framework Agreement” means the agreement of that title in the form approved by the Secretary of State for Trade and Industry for the purposes of conditions (inserted by the Secretary of State for Trade and Industry under powers granted by section 15A of the Electricity Act 1989 ) of (among other things) the Transmission Licence, and which is dated 14 August 2000;
“Interconnector” means the electric lines and electrical plant used for the transfer of electricity to or from the electricity transmission system and distribution systems in England and Wales into or out of England and Wales;
“NGC” means The National Grid Company plc (a company registered in England under number 2366977);
“the Pooling and Settlement Agreement” means the agreement of that title dated 30 March 1990 (as it has effect on the making of this Order) to which a person generating or supplying electricity may be required to become party by the licence granted to him under section 6 of the Electricity Act 1989;
“Schedule 1” means Schedule 1 to the Financial Services Act 1986 ;
“the Transmission Licence” means the licence to transmit electricity in England and Wales and granted to NGC under section 6(1)(b) of the Electricity Act 1989; and
“Volume Notification Agents” means the persons for the time being appointed and authorised under and in accordance with the Balancing and Settlement Arrangements on behalf of BSC Parties to notify to the BSC Agent designated for that purpose pursuant to the Balancing and Settlement Arrangements quantities of electricity contracted for the sale and purchase between those BSC Parties to be taken into account for the purposes of the Balancing and Settlement Arrangements.
Exemptions
3
NGC shall be an exempted person as respects —
a
its participation in the Balancing and Settlement Arrangements as operator of the electricity transmission system in England and Wales under the Transmission Licence; or
b
the acquisition by it of Balancing Services in accordance with the Electricity Act 1989 and the Transmission Licence
where such participation or acquisition would constitute an activity within paragraph 12 or 13 of Schedule 1, or where advice given by it in relation to such participation or acquisition would constitute an activity falling within paragraph 15 of Schedule 1.
4
ELEXON Clear Limited shall be an exempted person as respects its participation in the Balancing and Settlement Arrangements as clearer for the purposes of (among other things) receiving from and paying to BSC Parties trading and reconciliation charges arising under the Balancing and Settlement Arrangements where such participation would constitute an activity falling within paragraph 12 or 13 of Schedule 1.
5
Each BSC Party shall be an exempted person as respects —
a
its participation in the Balancing and Settlement Arrangements; or
b
the provision by it of Balancing Services
where such participation or provision would constitute an activity falling within paragraph 12 or 13 of Schedule 1, or where advice given by it in relation to such participation or provision would constitute an activity falling within paragraph 15 of Schedule 1.
6
ELEXON Limited shall be an exempted person as respects its participation in the Balancing and Settlement Arrangements as administrator where such participation would constitute an activity falling within paragraph 13 of Schedule 1.
7
Each BSC Agent and each Volume Notification Agent shall be exempted persons as respects any activities in which they engage in their capacities as BSC Agent and Volume Notification Agent respectively and (in either case) falling within paragraph 13 of Schedule 1.
8
NGC, Energy Pool Funds Administration Limited (a company registered in England under number 2444187) and ESIS Limited (a company registered in England under number 2444282) shall be exempted persons as respects any activities —
a
under or relating to the Pooling and Settlement Agreement or relating to transactions that calculate a price by reference to the Pooling and Settlement Agreement; or
b
under or relating to the settlement and reconciliation of transactions made under the Pooling and Settlement Agreement
and, in either case, falling within paragraph 12 or 13 of Schedule 1, or where advice given by any of those persons in relation to such matters would constitute an activity falling within paragraph 15 of Schedule 1.
Revocation
9
Paragraph (1) of article 3 of the Financial Services Act 1986 (Listed Money Market Institutions and Miscellaneous Exemptions) Order 1990 is hereby revoked.
Greg Pope
Jim Dowd
Two of the Lords Commissioners, of Her Majesty’s Treasury
28th February 2001


text:
1
These Regulations may be cited as the Lottery Duty (Amendment) Regulations 2001 and come into force on 27th January 2002.
2
Amend the Lottery Duty Regulations 1993 as follows.
3
For regulation 6(2) substitute —
2
Where payment of any lottery duty is deferred —
a
it must be paid using either the Clearing House Automated Payment System ( CHAPS ) or the Bankers' Automated Clearing Services ( BACS ), and
b
payment must be credited to such bank account as the Commissioners may require on or before the day by which the return showing that duty must be furnished.
.
4
In regulation 7(3)(a) insert “or 14A” immediately after “14”.
5
In regulation 14(1) for “fifteenth day of the month next” substitute “thirteenth day”.
6
For regulation 14(2) substitute —
2
Returns must be furnished to the Commissioners at their accounting centre for lottery duty.
3
The Commissioners must give the address of their accounting centre for lottery duty to every registered promoter.
.
7
After regulation 14 add —
14A
1
A registered promoter may furnish a return required by regulation 14(1) above using electronic communications.
2
Such a method of furnishing a return shall be referred to in this regulation as an “electronic return system”.
3
A registered promoter may furnish a return by way of an electronic return system only on condition that —
a
the electronic return system in question takes a form approved by the Commissioners in a specific or general direction; and
b
that promoter remains authorised by the Commissioners in accordance with paragraph (7) below.
4
No return shall be treated as having been furnished under paragraph (1) above unless the conditions imposed by paragraph (3) above are satisfied.
5
An electronic return system shall incorporate an electronic validation process.
6
Subject to paragraph (4) above —
a
the use of an electronic return system shall be proved to have resulted in the furnishing of the return to the Commissioners only if this has been successfully recorded as such by the relevant electronic validation process;
b
the time of furnishing the return to the Commissioners using an electronic return system shall be conclusively presumed to be the time recorded as such by the relevant electronic validation process; and
c
the person furnishing the return to the Commissioners shall be presumed to be the person identified as such by any relevant feature of the electronic return system.
7
The Commissioners may on application authorise a registered promoter to furnish returns using an electronic return system and may revoke such authorisation.
8
The Commissioners shall pay proper regard to the following factors before authorising a registered promoter or revoking an authorisation under paragraph (7) above —
a
the state of development of any relevant electronic return system;
b
the protection of the revenue;
c
the degree of compliance with these Regulations of the promoter concerned; and
d
any other relevant factor.
.
8
In regulation 15(3) for “paragraph (4)” substitute “paragraphs (4) and (5)”.
9
After regulation 15(4) add —
5
The requirement in paragraph (3) above that every return shall be signed by the registered promoter shall not apply to a return furnished in accordance with regulation 14A above.
.
10
These amendments shall not have effect in relation to duty which became due before the coming into force of these Regulations.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
17th December 2001


text:
1
This Order may be cited as the Nottingham Healthcare and the Central Nottinghamshire Healthcare National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Nottingham Healthcare National Health Service Trust established by the Nottingham Healthcare National Health Service (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Central Nottinghamshire Healthcare National Health Service Trust established by the Central Nottinghamshire Healthcare National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
15th March 2001


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 2001 and shall come into force on 16th April 2001.
Designation of Department
2
For the purposes of section 2(2) of the European Communities Act 1972, the Department specified in column (1) of the Schedule to this Order is designated in relation to the matters specified in column (2) of that Schedule.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Petty Sessions Areas (Division and Names) (Amendment) Regulations 2001 and shall come into force on the 1st April 2001.
2
In regulation 5(1)(a) of the Petty Sessions Areas (Divisions and Names) Regulations 1988 for the words “clerk to the justices” there shall be substituted the words “justices' chief executive”.
Irvine of Lairg, C.
28th February 2001


text:
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Insolvency) (Definition of “Insurer”) Order 2001 and comes into force on the day on which section 19 of the Act comes into force.
2
In this Order, the “ Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
2
In Part XXIV of the Act (insolvency) , except section 360 (administration orders in relation to insurers), “insurer” means any person who is carrying on a regulated activity of the kind specified by article 10(1) or (2) of the Regulated Activities Order (effecting and carrying out contracts of insurance) but who is not —
a
exempt from the general prohibition in respect of that regulated activity;
b
a friendly society; or
c
a person who effects or carries out contracts of insurance all of which fall within paragraphs 14 to 18 of Part I of Schedule 1 to the Regulated Activities Order in the course of, or for the purposes of, a banking business.
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2001