47. Service of Notice of Application (P. 3, r. 47)

Where an application is made under section 12 for an order under section 14(1)(a), (b) or (d), or under section 17 for the variation, suspension or revocation of such an order, the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity — that vulnerable adult;

in the case of an application concerning a vulnerable adult who lacks mental capacity — every relevant person.

Where an application is made under section 12 for an order under section 14(1)(c), or under section 17 for the variation, suspension or revocation of such an order, the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity — that vulnerable adult;

in the case of an application concerning a vulnerable adult who lacks mental capacity — every relevant person;

in the case of an application made under section 12 for an order under section 14(1)(c) — the person against whom the application is made, unless the person is a relevant person mentioned in sub‑paragraph (b);

in the case of an application made under section 17 to vary, suspend or revoke an order made under section 14(1)(c) — the person against whom that order is made, unless the person is a relevant person mentioned in sub‑paragraph (b).

Paragraph (4) applies where —

an application is made under section 12 for an order under section 14(1)(i) together with an application under section 12 for an order under section 14(1)(a), (b), (c), (d) or (j);

an application is made under section 12 for an order under section 14(1)(i) only; or

an application is made under section 17 to vary, suspend or revoke an order under section 14(1)(i) that was made in an application mentioned in sub‑paragraph (a) or (b).

The applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity — that vulnerable adult;

in the case of an application concerning a vulnerable adult who lacks mental capacity — every relevant person;

in the case of an application mentioned in paragraph (3)(a) or (b) — every person (other than the vulnerable adult) against whom the application is made, unless the person is a relevant person mentioned in sub‑paragraph (b);

in the case of an application mentioned in paragraph (3)(c) — every person (other than the vulnerable adult) against whom that order is made, unless the person is a relevant person mentioned in sub‑paragraph (b).

Where an application is made under section 12 for an order under section 14(1)(j), or under section 17 for the variation, suspension or revocation of such an order, the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity —

that vulnerable adult; and

every owner of the residence to which the application relates;

in the case of an application concerning a vulnerable adult who lacks mental capacity —

every relevant person; and

every owner of the residence to which the application relates.

Where an application is made under section 7(3) or 10(4), the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the vulnerable adult.

Where an application is made under section 22(4), the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the respondent.

A Notice of Application must, unless the Court otherwise directs, be served —

in the case of an application made under section 22(4) — within 5 days before the date of hearing of the application; or

in any other case — within 5 days after the filing of the application.

In this Rule and Rule 48, “relevant person”, in relation to a vulnerable adult, means any of the following persons:

a donee or deputy of the vulnerable adult;

the spouse, each parent and each child of or above 21 years of age, of the vulnerable adult;

the main caregiver of or above 21 years of age of the vulnerable adult.

Where an application is made under section 12 for an order under section 14(1)(a), (b) or (d), or under section 17 for the variation, suspension or revocation of such an order, the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity — that vulnerable adult;

in the case of an application concerning a vulnerable adult who lacks mental capacity — every relevant person.

Where an application is made under section 12 for an order under section 14(1)(c), or under section 17 for the variation, suspension or revocation of such an order, the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity — that vulnerable adult;

in the case of an application concerning a vulnerable adult who lacks mental capacity — every relevant person;

in the case of an application made under section 12 for an order under section 14(1)(c) — the person against whom the application is made, unless the person is a relevant person mentioned in sub‑paragraph (b);

in the case of an application made under section 17 to vary, suspend or revoke an order made under section 14(1)(c) — the person against whom that order is made, unless the person is a relevant person mentioned in sub‑paragraph (b).

Paragraph (4) applies where —

an application is made under section 12 for an order under section 14(1)(i) together with an application under section 12 for an order under section 14(1)(a), (b), (c), (d) or (j);

an application is made under section 12 for an order under section 14(1)(i) only; or

an application is made under section 17 to vary, suspend or revoke an order under section 14(1)(i) that was made in an application mentioned in sub‑paragraph (a) or (b).

The applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity — that vulnerable adult;

in the case of an application concerning a vulnerable adult who lacks mental capacity — every relevant person;

in the case of an application mentioned in paragraph (3)(a) or (b) — every person (other than the vulnerable adult) against whom the application is made, unless the person is a relevant person mentioned in sub‑paragraph (b);

in the case of an application mentioned in paragraph (3)(c) — every person (other than the vulnerable adult) against whom that order is made, unless the person is a relevant person mentioned in sub‑paragraph (b).

Where an application is made under section 12 for an order under section 14(1)(j), or under section 17 for the variation, suspension or revocation of such an order, the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the following persons:

in the case of an application concerning a vulnerable adult who does not lack mental capacity —

that vulnerable adult; and

every owner of the residence to which the application relates;

in the case of an application concerning a vulnerable adult who lacks mental capacity —

every relevant person; and

every owner of the residence to which the application relates.

Where an application is made under section 7(3) or 10(4), the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the vulnerable adult.

Where an application is made under section 22(4), the applicant must, unless the Court otherwise directs, serve the Notice of Application in respect of the application on the respondent.

A Notice of Application must, unless the Court otherwise directs, be served —

in the case of an application made under section 22(4) — within 5 days before the date of hearing of the application; or

in any other case — within 5 days after the filing of the application.

In this Rule and Rule 48, “relevant person”, in relation to a vulnerable adult, means any of the following persons:

a donee or deputy of the vulnerable adult;

the spouse, each parent and each child of or above 21 years of age, of the vulnerable adult;

the main caregiver of or above 21 years of age of the vulnerable adult.