The Court of Protection (Amendment) Rules 2004
These Rules make various amendments to the Court of Protection Rules 2001 (S.I. 2001/824).amounts of various fees are amended, as follows—Some minor drafting amendments are made to rules 65, 78 and 84 and paragraph (5) of rule 78 is omitted because it has become obsolete (rules 3, 4, 6 and 9).Rule 76(3) is amended so that the new account fee payable under rule 78A (see below) is disapplied and the transaction and winding up fees are reinstated, where the receiver is an officer of the court (rule 5).A new rule 78A is inserted providing for a new account fee, payable on the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2). This fee is set at £95.00 (rule 7).A new rule 80A is inserted to introduce fees payable where an officer of the court has been appointed as receiver. Appointment and administration fees are set at £1,000.00 and £3,500.00 respectively. Appointment and administration fees existed in the Court of Protection Rules 2001, but were removed in the Court of Protection (Amendment) Rules 2002. In addition a new fee is introduced, payable on completion of an Inland Revenue tax return on behalf of the patient, where an officer of the court has been appointed receiver. This fee is set at £500.00 (rule 8).The Appendix is amended in various respects including—the introduction of two tiers of fees where there is to be a detailed assessment of costs. These fees are set at £100.00 for bills not exceeding £3,000.00 excluding VAT and disbursements and £200.00 for all other bills (rule 10(13)); andthe reinstatement of the winding up fee under rule 82 where an officer of the court has been appointed as receiver for the patient. This fee was in the Court of Protection Rules 2001, but was removed in the Court of Protection (Amendment) Rules 2002. This fee is set at £850.00 (rule 10(15)).Rule 11 provides various transitional provisions. Rule 11(1) provides that where an application for the appointment of a receiver is received before 1st June 2004, the receivership appointment fee shall be £460 instead of the new fee of £300. This is because in those cases the previous commencement fee of £70 payable on the application will apply instead of the new fee of £230. Therefore the joint cost of the fees on the appointment of a receiver (£530) will be the same as if the new fees had been applicable. Before the amendments made by these Rules the joint cost of the fee payable on the appointment was £585.