The Court Funds Rules 2011

PART 1 Preliminary, interpretation and general provisions

Citation, commencement, revocation and transition

1.—(1) These Rules may be cited as the Court Funds Rules 2011 and shall come into force on 3rd October 2011.

(2) The Rules specified in the schedule to these Rules are revoked, except that they continue to apply to such extent as may be necessary for giving effect to any order, direction or request made before 3rd October 2011.

Application of the Rules

2.  These Rules apply to funds deposited or to be deposited in court:

(a) under an enactment; or

(b) in respect of proceedings in:

(i) a county court;

(ii) the High Court;

(iii) the Civil Division of the Court of Appeal; or

(iv) the Court of Protection.

Interpretation

3.—(1) Expressions used in these Rules that are also used in the Civil Procedure Rules 1998(1) shall have the same meaning as they have in those Rules.

(2) In these Rules:

“Accountant General” means the Accountant General of the Senior Courts or a person appointed under rule 5;

“Authenticated” means authenticated with a stamp issued by the Accountant General;

“Child” means a person under 18;

“Common investment fund” means a fund established by a scheme made under section 42 of the Administration of Justice Act 1982;

“Court” means any court listed in rule 2(b);

“CPR” means the Civil Procedure Rules 1998;

“Deposit schedule” means a schedule to an order directing that a fund be deposited in court;

“Deputy” means a person who makes decisions on behalf of a person who lacks capacity and who has been:

(a)

appointed by a court under section 16(2)(b) of the Mental Capacity Act 2005(2); or

(b)

deemed to be so appointed by virtue of paragraph 1 of schedule 5 to that Act;

“Foreign currency” means currency other than sterling;

“Fund” means money (including foreign currency), securities or effects;

“Fund in court” means a fund deposited in court in accordance with Part 2 of these Rules;

“Investment manager” means a person appointed by a deputy to make decisions as to the investment of a fund in court on behalf of a person who lacks capacity;

“Order” means an order or direction made under the seal of a court;

“Payment schedule” means a schedule to an order directing a payment from, or a dealing with, a fund in court;

“Person who lacks capacity” means a person who:

(a)

immediately before 1st October 2007 was a patient within the meaning of Part VII of the Mental Health Act 1983(3); or

(b)

a court has found lacks capacity within the meaning of the Mental Capacity Act 2005 in relation to a fund in court held or to be held on that person’s behalf; and

“Written request” means a request made on a form approved by the Accountant General to:

(a)

deposit funds in court;

(b)

deal with a fund in court; or

(c)

receive payment from a fund in court.

(3) In these Rules, where two or more deputies are appointed in relation to a person who lacks capacity:

(a) the word “deputy” refers to those deputies acting jointly if and to the extent that joint action is required by the terms of their appointment; and

(b) any rule permitting the Accountant General to refuse to:

(i) follow a direction given by a deputy; or

(ii) undertake any other act at the request of a deputy,

includes a power to refuse to do so on the ground that, while the terms of appointment require the deputies to act jointly, the direction or request was not jointly made.

Court Funds Office

4.  The office of the Accountant General shall continue to be known as the Court Funds Office.

Discharge of Accountant General’s functions

5.  The Accountant General may appoint one or more persons to do anything that may be done by the Accountant General under these Rules.

(1)

S.I. 1998/3132.

(2)

2005 c.9.

(3)

1983 c.20.