MENTAL CAPACITY
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(2) Subject to the Rules of Court, permission is required for any other application to the court.
(3) In deciding whether to grant permission the court shall, in particular, have regard to—
- (a) the applicant’s connection with the person to whom the application relates;
- (b) the reasons for the application;
- (c) the benefit to the person to whom the application relates of a proposed order or directions; and
- (d) whether the benefit can be achieved in any other way.
Rules of Court
39.—(1) Rules of Court may be made—
- (a) to regulate and prescribe the procedure and practice to be followed in respect of proceedings under this Act; and
- (b) to provide for costs and fees of such proceedings, and for regulating any matter relating to the costs of such proceedings.
(2) Without prejudice to the generality of subsection (1), Rules of Court may make provision—
- (a) as to the manner and form in which proceedings are to be commenced;
- (b) as to the persons entitled to be notified of, and be made parties to, the proceedings;
- (c) for enabling the court to appoint a suitable person to act in the name of, or on behalf of, or to represent the person to whom the proceedings relate;
- (d) for enabling an application to the court to be disposed of without a hearing;
- (e) for enabling the court to proceed with, or with any part of, a hearing in the absence of the person to whom the proceedings relate;
- (f) for enabling or requiring the proceedings or any part of them to be conducted in private and for enabling the court to determine
