Amendments to Practice Directions supplementing the Court of Protection Rules 2017

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Amendments to the following Practice Directions supplementing the Court of Protection Rules 2017 is made by the President of the Court of Protection under the powers delegated to him by the Lord Chief Justice under section 52(3) of the Mental Capacity Act 2005 and Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and is approved by Mike Freer, Parliamentary Under-Secretary of State for Justice, by the authority of the Lord Chancellor.

The amendments to the Practice Directions came into force on the 1st day of January 2023.

In summary the changes are:

  1. Changes have been made to the statement of truth to align with CPR and FPR provisions
  2. New Practice Direction 9H setting out the new up front notification procedure for property and affairs deputyship applications (this replaces the PD 9H which related to the upfront notifications pilot with essentially the same provisions which will apply to all such applications from 1 January 2023)
  3. A minor change to PD6 concerning electronic service of documents

These Practice Direction changes support the Court of Protection (Amendment) Rules 2022 which came into force on 1 January 2023, and which can be found on the following link: The Court of Protection (Amendment) Rules 2022 (legislation.gov.uk)

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Further information

All the Practice Directions supplementing the Court of Protection Rules 2017 can be found here.