48. Notice of Objection (P. 3, r. 48)

Where a person served with a Notice of Application under Rule 47 objects to the application to which the Notice of Application relates, the person may file and serve on the applicant a Notice of Objection in Form 41 within 7 days after the date of service of the Notice of Application.

Paragraph (1) does not apply if the person served with the Notice of Application is a vulnerable adult to whom the application relates and who does not lack mental capacity.

Where —

it is alleged in an application mentioned in Rule 47(1), (2), (3) or (5) that the vulnerable adult to whom the application relates does not lack mental capacity;

the Notice of Application relating to that application is served on that vulnerable adult; and

any relevant person of that vulnerable adult disputes the allegation that the vulnerable adult does not lack mental capacity,the relevant person may file and serve on the applicant a Notice to Dispute Mental Capacity in Form 42 within 7 days after the date of service of the Notice of Application on the vulnerable adult.

A Notice of Objection mentioned in paragraph (1) or a Notice to Dispute Mental Capacity mentioned in paragraph (3) must be served on the applicant in accordance with Rule 9(2).

Where a Notice to Dispute Mental Capacity mentioned in paragraph (3) is filed —

the Court must hear and determine as a preliminary issue the question whether that vulnerable adult lacks mental capacity; and

if the Court finds that the vulnerable adult lacks mental capacity, direct that the Notice of Application be served on every relevant person within 5 days after the date of the Court’s finding.

Where a person served with a Notice of Application under Rule 47 objects to the application to which the Notice of Application relates, the person may file and serve on the applicant a Notice of Objection in Form 41 within 7 days after the date of service of the Notice of Application.

Paragraph (1) does not apply if the person served with the Notice of Application is a vulnerable adult to whom the application relates and who does not lack mental capacity.

Where —

it is alleged in an application mentioned in Rule 47(1), (2), (3) or (5) that the vulnerable adult to whom the application relates does not lack mental capacity;

the Notice of Application relating to that application is served on that vulnerable adult; and

any relevant person of that vulnerable adult disputes the allegation that the vulnerable adult does not lack mental capacity,the relevant person may file and serve on the applicant a Notice to Dispute Mental Capacity in Form 42 within 7 days after the date of service of the Notice of Application on the vulnerable adult.

A Notice of Objection mentioned in paragraph (1) or a Notice to Dispute Mental Capacity mentioned in paragraph (3) must be served on the applicant in accordance with Rule 9(2).

Where a Notice to Dispute Mental Capacity mentioned in paragraph (3) is filed —

the Court must hear and determine as a preliminary issue the question whether that vulnerable adult lacks mental capacity; and

if the Court finds that the vulnerable adult lacks mental capacity, direct that the Notice of Application be served on every relevant person within 5 days after the date of the Court’s finding.