Criminal Justice and Courts Bill

to be moved
on report

Before Clause 54



Insert the following new Clause—

“Appeals from the Court of Protection

(1)     Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court
of Protection) is amended as follows.

(2)     For subsection (2) substitute—

“(2)     Court of Protection Rules may provide that, where a decision of the
court is made by a specified description of person, an appeal from
the decision lies to a specified description of judge of the court and
not to the Court of Appeal.”

(3)     Omit subsection (3).

(4)     In subsection (4)(d), omit “higher”.”

Clause 81



Page 75, line 13, leave out “This Part comes” and insert “Section (Appeals from the
Court of Protection)
and this Part come”

Prepared 1st August 2014