Family Justice (General) Rules 2024 · As enacted · Part 3 · Quasi-Criminal Proceedings
45. Application under section 12(1) or 17(1) (P. 3, r. 45)
Feedback & supportThis Rule applies in relation to —
an application made under section 12(1) for one or more orders under section 14 or 15 in relation to a vulnerable adult (V); and
an application made under section 17(1) to vary, suspend or revoke an order made under section 14(1) or 15 in relation to V.
Unless the Court otherwise directs, an application mentioned in paragraph (1) —
where V is assessed by a mental capacity assessor to lack the mental capacity to consent to the application — must be supported by a mental capacity assessment report in Form 36A given by that mental capacity assessor in respect of V; or
in any other case — must be supported by a medical report in Form 36B given by a registered medical practitioner in respect of V.
Subject to paragraph (4), the mental capacity assessment report mentioned in paragraph (2)(a) must relate to an assessment of V by the mental capacity assessor carried out no earlier than the period of 6 months ending on the date of the application.
Paragraph (3) does not apply where the mental capacity assessment report states that V is assessed to lack mental capacity permanently.
Subject to paragraph (6), the medical report mentioned in paragraph (2)(b) must relate to an assessment of V by the registered medical practitioner carried out no earlier than the period of 6 months ending on the date of the application.
Paragraph (5) does not apply where the medical report states that V is assessed to suffer from a physical infirmity, disability or incapacity that is permanent.
Where an application mentioned in paragraph (1) is not supported by a mental capacity assessment report or medical report (as the case may be), the Court may —
strike out the application; or
make any other order that it thinks fit.
Subregulation 1
This Rule applies in relation to —
an application made under section 12(1) for one or more orders under section 14 or 15 in relation to a vulnerable adult (V); and
an application made under section 17(1) to vary, suspend or revoke an order made under section 14(1) or 15 in relation to V.
Subregulation 2
Unless the Court otherwise directs, an application mentioned in paragraph (1) —
where V is assessed by a mental capacity assessor to lack the mental capacity to consent to the application — must be supported by a mental capacity assessment report in Form 36A given by that mental capacity assessor in respect of V; or
in any other case — must be supported by a medical report in Form 36B given by a registered medical practitioner in respect of V.
Subregulation 3
Subject to paragraph (4), the mental capacity assessment report mentioned in paragraph (2)(a) must relate to an assessment of V by the mental capacity assessor carried out no earlier than the period of 6 months ending on the date of the application.
Subregulation 4
Paragraph (3) does not apply where the mental capacity assessment report states that V is assessed to lack mental capacity permanently.
Subregulation 5
Subject to paragraph (6), the medical report mentioned in paragraph (2)(b) must relate to an assessment of V by the registered medical practitioner carried out no earlier than the period of 6 months ending on the date of the application.
Subregulation 6
Paragraph (5) does not apply where the medical report states that V is assessed to suffer from a physical infirmity, disability or incapacity that is permanent.
Subregulation 7
Where an application mentioned in paragraph (1) is not supported by a mental capacity assessment report or medical report (as the case may be), the Court may —
strike out the application; or
make any other order that it thinks fit.