§ Mr. HammondTo ask the Parliamentary Secretary, Lord Chancellor's Department what checks are made by the Court of Protection before approving a loan. [43955]
§ Mr. HoonThe exercise by the Court of Protection of its discretion in approving a loan is a judicial matter and its exercise varies according to the circumstances of each particular case.
In approving a loan, the Court has regard to the requirements of the relevant Sections of the Mental Health Act 1983, the Enduring Powers of Attorney Act 1985, the Court of Protection Rules 1994, the Court of Protection (Enduring Powers of Attorney) Rules 1994 and relevant case precedent as necessary in the particular circumstances of the case.
§ Mr. HammondTo ask the Parliamentary Secretary, Lord Chancellor's Department what changes have occurred in the relationship between the Court of Protection and the Public Trust Office since the latter became an executive agency in 1994. [43954]
§ Mr. HoonThere has been little change in the relationship between the Court of Protection and the Public Trust Office since 1990, except that the Court of Protection Rules 1994 and the review of the Public Trust Office's Framework Document in 1997 defined the functions and roles of each more clearly.