Open at the publisher →
In force since 2025-10-01, as the publisher states.
Copy read on 2026-11-10. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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7 provisions
Title and introductory text
2025 No. 866 (L. 5)
MENTAL CAPACITY, ENGLAND AND WALES
The Court of Protection (Amendment) Rules 2025
Made
10th July 2025
Laid before Parliament
15th July 2025
Coming into force
1st October 2025
The President of the Family Division, as nominee of the Lady Chief Justice under paragraph 2(2)(b) of Schedule 1 to the Constitutional Reform Act 2005, being President of the Court of Protection, makes the following Rules in exercise of the powers conferred by section 51 of the Mental Capacity Act 2005.
The Lord Chancellor agrees these Rules in accordance with paragraph 3(1) of Schedule 1 to the Constitutional Reform Act 2005.
Propose a change1 Citation, commencement, extent and interpretation
(1) These Rules may be cited as the Court of Protection (Amendment) Rules 2025 and come into force on 1st October 2025.
(2) These Rules extend to England and Wales.
(3) A reference to a Part or rule by number alone means the Part or rule so numbered in the Court of Protection Rules 2017.
Propose a change2 Amendment of the Court of Protection Rules 2017
The Court of Protection Rules 2017 are amended as set out in rules 3 to 6 of these Rules.
Propose a change3 Amendment to Part 4 (hearings)
In rule 4.1(4) (exception to the general rule – hearing to be held in private), omit “or writ of sequestration (in respect of which rule 21.27 makes provision)”.
Propose a change4 Amendment to Part 21 (applications and proceedings in relation to contempt of court)
In rule 21.4 (requirements of a contempt application), in paragraph (2)(n) after “incriminate the defendant” insert “, but that the court may draw adverse inferences if this right is exercised”.
Propose a change5
In rule 21.7 (directions for hearing of contempt proceedings), after paragraph (3) insert—
(4) Before the first hearing of the contempt proceedings, the court must consider whether to make an order under rule 21.8(5) for the non-disclosure of the identity of the defendant in the court list. If it makes such an order the court must—
(a) before the first hearing, notify the national print and broadcast media, via the Press Association; and
(b) at the first hearing, consider any submissions from the parties or media organisations before deciding whether, and if so to what extent, the order should be continued or varied.
.
Propose a change6
In rule 21.8 (hearings and judgments in contempt proceedings)—
(a) in paragraph (5)—
(i) for “The court must” substitute “Subject to paragraph (11), the court may”; and
(ii) for “party or witness”—
(aa) in the first place it appears, substitute “person”;
(bb) in the second place it appears, substitute “person or any other person”;
(b) after paragraph (11) insert—
(11A) If a committal order is made, it must name the defendant.
; and
(c) for paragraph (13) substitute—
(13) Where the court makes an order for committal, the court shall ensure that the judgment in the contempt proceedings is transcribed and published on the website of the judiciary of England and Wales.
.
Propose a change