family proceedings, england & wales Citation and commencement 1 These Rules may be cited as the Family Procedure (Adoption) (Amendment) Rules 2007 and shall come into force on 1 October 2007. Amendment of the Family Procedure (Adoption) Rules 2005 2 The Family Procedure (Adoption) Rules 2005 shall be amended in accordance with rules 3 to 14 below. 3 In the arrangement of rules— a in the entry for rule 37, for “patients” substitute “protected parties”; and b in the entry for rule 53, for “patient” substitute “protected party”. 4 In rule 6— a omit the definition of “patient”; and b insert the following definitions in alphabetical order – “the 2005 Act ” means the Mental Capacity Act 2005 (c.9) ; “deputy” has the meaning given in section 16(2)(b) of the 2005 Act; “enduring power of attorney” has the meaning given in Schedule 4 to the 2005 Act; “lasting power of attorney” has the meaning given in section 9 of the 2005 Act; “protected party” means a party, or an intended party, who lacks capacity (within the meaning of the 2005 Act) to conduct the proceedings; . 5 In rule 26(1)(d), for the word “patient” substitute “protected party”. 6 1 In the title of rule 37, for the word “patients” substitute “protected parties”. 2 In rule 37— a for each reference to “patient” substitute a reference to “protected party”; and b in paragraph (1), for the fifth row of the third column in the table, substitute – A person who is the attorney of a registered enduring power of attorney, donee of a lasting power of attorney or deputy of the protected party; . 7 In rule 49(1)(a), for the word “patients” substitute “protected parties”. 8 In rule 50(2), for the word “patient” substitute “protected party”. 9 In rule 52— a for each reference to “patient” substitute a reference to “protected party”; and b in paragraph (3) – i omit the words “a party becomes a patient”; and ii after the words “during proceedings”, insert “a party lacks capacity (within the meaning of the 2005 Act) to continue to conduct the proceedings”. 10 1 In the title of rule 53, for the word “patient” substitute “protected party”. 2 In rule 53— a for each reference to “patient” substitute a reference to “protected party”; b in paragraph (2) – i for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy”; and ii for the word “legal” substitute “the”; and c in paragraph (3), for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy to conduct the proceedings in the name of a protected party or on his behalf”. 11 In rule 54— a in paragraph (2) – i for the words “authorised under Part VII of the Mental Health Act 1983” substitute “with authority as a deputy to conduct the proceedings in the name of a protected party or on his behalf”; ii after the word “order”, insert “, declaration”; and iii for the words “constitutes his authorisation” substitute “confers his authority”; and b in paragraph (4) – i in sub-paragraph (a), for the word “authorisation” substitute “document conferring his authority to act”; and ii for the word “patient” substitute “protected party”. 12 In rule 55(5), for the word “patient” substitute “protected party”. 13 In rule 57(2), for each reference to “patient” substitute a reference to “protected party”. 14 In rule 58— a for each reference to “patient” substitute a reference to “protected party”; and b in paragraph (4), for the word “patient’s” substitute “protected party’s”. Mark Potter, P Duncan Adam John Baker Martyn Cook Bruce Edgington Charles Hyde Susan Jones Katharine Marshall David Salter Philip Waller I allow these Rules Jack Straw Lord Chancellor 23rd July 2007