The Court of Protection (Amendment) Rules 2006
These Rules make various amendments to the Court of Protection Rules 2001 (SI 2001/824).The amounts of various fees are amended, as follows—Rules 78(1), (1A) and 80A(3) are amended to change the point at which the annual administration fee becomes payable. From the 31st March 2007, the fee owing (or the portion of the fee owing on that date) will be payable on that date on an annual basis thereafter. However during the period from the 1st April 2006 to the 31st March 2007 the annual administration fee will continue to be payable on the first or subsequent anniversary of the appointment of the receiver or the making of a short order under rule 8. Rule 78(1) is also amended to provide that the administration fee in cases where the court makes an order or direction under rule 8 is payable on the anniversary of the court making the order or direction (and not upon the making of the order or direction). The fees are set at £250.00 where the court appoints a receiver and £200.00 where the court makes a short order or direction under rule 8, and £4,725.00 where an officer of the court has been appointed receiver.Rule 82 is amended to change the point until which the winding up fee is payable. The winding up fee will be payable until whichever is the later of three possible events. These are the receipt by the court of the grant of representation from the personal representatives of the patient, the receiver lodging his final account and the court directing that the final account may be dispensed with. Where no grant of representation is required, the fee will be payable until whichever is the later of three other possible events. These are the court receiving notification from the person who appears to have a prior right to a grant of administration in the estate of the deceased, the lodging of the account and the court dispensing with the account. On the death of a patient where an officer of the court has been appointed as receiver the fee is set at £915.00. On the death of a patient where a receiver has been appointed the fee is set at £300.00. The fee payable on the anniversary of the death of the patient is set at £155.00.