Joint Committee on Statutory Instruments Fourteenth Report


APPENDIX 3

Memorandum by the Lord Chancellor's Department

Court of Protection Rules 2001 (S.I. 2001/824)

1. The Lord Chancellor's Department submits this memorandum in response to the request dated 28 March 2001 on the point set out below.

    Under rule 54(4) any person aggrieved by an order or decision of the court made on considering an application for review may apply to the court for an attended hearing. Explain within what period of time the application for an attended hearing must be made, and why this is not specified.

2. In the absence of any specific time limit, the application must be made within such time as is reasonable. In the context of rules 54 and 55, especially the time limits in rules 54(1) and 55(1), a period of fourteen days would appear reasonable. Moreover, in the absence of any time limit in the rules, the court may well include in any order made on a review under rule 54 a direction that any application for an attended hearing be made within a specified time. The Department will, however, consider whether, when the Rules are next amended, a specific time limit should be introduced.

2 April 2001


 
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