The Court Funds Rules 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/1734 |
| Year | 2011 |
2011No. 1734
SENIOR COURTS OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Court Funds Rules 2011
13thJuly2011
18thJuly2011
3rdOctober2011
The Lord Chancellor, in exercise of the powers conferred by section 38(7) of the Administration of Justice Act 1982( 1), and with the concurrence of the Treasury, makes the following Rules.
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( 2) 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( 3); 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( 4); 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.
PART 2
Deposit of funds in court
Documents accompanying deposit of funds in court
6.-(1) The general rule is that the Accountant General shall only accept a deposit of a fund if provided with:
(a) a deposit schedule signed and authenticated by a court; or(b)(i) a written request; and(ii) a sealed copy of the court order authorising the deposit.(2) The general rule does not apply if a fund is deposited in court under one of the following paragraphs in this rule.
(3) Where the deposit is made under CPR rule 37.2 (which provides that there must be a payment into court where a defendant wishes to rely on a defence of tender before claim) the Accountant General shall only accept the deposit if provided with:
(a) a written request;(b) a sealed copy of the claim form; and(c) a copy of the defence.(4) Where the deposit is made under CPR rule 61.11(18) (which provides that the claimant may constitute a limitation fund by making a payment into court) the Accountant General shall only accept the deposit if provided with a written request sealed by a court.
(5) Where the deposit is made under the Life Assurance Companies (Payment into Court) Act 1896( 5), the Accountant General shall only accept the deposit if provided with:
(a) a deposit schedule signed and authenticated by a court; and(b) a copy of the witness statement or affidavit filed in accordance with CPR rule 37.4 (which relates to payment into court under enactments).(6) Where the deposit is made under the Trustee Act 1925( 6), the Accountant General shall only accept the deposit if provided with:
(a)(i) a deposit schedule signed and authenticated by a court; and(ii) a copy of the witness statement or affidavit filed in accordance with CPR rule 37.4; or(b)(i) a written request; and(ii) a sealed copy of the court order authorising the deposit.(7) Where the deposit is made under any other enactment that requires specific authority for a fund to be deposited in court, the Accountant General shall only accept the deposit if provided with:
(a) a written request; and(b) the document authorising the deposit.(8) Where the deposit is made by a deputy, the Accountant General shall only accept the deposit if provided with:
(a) a written request; and(b) a sealed copy of the order appointing the deputy.(9) The Accountant General shall only accept the deposit of foreign currency in court if provided with:
(a) a deposit schedule signed and authenticated by a court authorising the deposit of that currency; or(b)(i) a written request; and(ii) a sealed copy of the court order authorising the deposit of that currency.(10) A sealed copy of a court order is not required where the written request is made by the Admiralty Marshal.
(11) A sealed copy of a court order is not required where the written request has been sealed by the court that made the order.
Deposit of funds
7.-(1) Where a fund is to be deposited in court, it shall be sent to the Court Funds Office unless:
(a) it is deposited in accordance with rule 8; or(b) the Accountant General directs otherwise.(2) Where the fund to be deposited at the Court Funds Office is money, it shall be deposited by means of a cheque or banker's draft unless the Accountant General directs otherwise.
(3) Any cheque or banker's draft shall be made payable to the Accountant General of the Senior Courts.
Deposit of funds at a District Registry or county court or the Mayor's and City of London Court
8.-(1) A fund may be deposited at a District Registry or county court or the Mayor's and City of London Court in accordance with this rule.
(2) A fund may be deposited at a District Registry or county court:
(a) in respect of proceedings at that District Registry or county court by a litigant in person without a current account; or(b) where an enactment authorises a deposit at a District Registry or county court.(3) A fund may only be deposited under paragraph (2)(a) as cash.
(4) A fund may only be deposited under paragraph (2)(b):
(a) by means of a cheque or banker's draft made payable to the Accountant General of the Senior Courts;(b) as securities; or(c) as cash, if deposited by a person without a current account.(5) In addition, a fund may be deposited as cash at the Mayor's and City of London Court:
(a) in respect of proceedings at the Royal Courts of Justice, by a litigant in person without a current account; or(b) by a person who is required by or under an enactment to give security for costs in respect of proceedings for an election petition.(6) The Accountant General shall only accept a deposit made under this rule if the documents required under rule 6 are provided with the deposit.
(7) The District Registry, county court or the Mayor's and City of London Court, as the case may be, shall forward the deposit to the Accountant General within one working day of receipt, together with:
(a) any document provided to comply with rule 6; and(b) confirmation of the date of receipt.Promissory notes
9. A fund may not be deposited by way of a promissory note.
Refusal to accept a deposit
10. The Accountant General shall refuse to accept a deposit if:
(a) the person requesting the deposit has not complied with these Rules; or(b) there is any other good reason to do so.PART 3
Accounts and investments
Interest bearing accounts
11.-(1) The Accountant General shall maintain two interest bearing accounts; a basic account and a special account.
(2) The Accountant General shall invest money in a basic account unless:
(a) a court directs otherwise;(b) it is invested in a special account;(c) it is transferred to an account of unclaimed funds; or(d) it amounts to less than £10.(3) Subject to rule 12(2), the Accountant General shall invest money to which a child or person who lacks capacity is entitled in a special account unless:
(a) a court directs otherwise;(b) a deputy or investment manager directs otherwise;(c) it is transferred to an account of unclaimed funds; or(d) it amounts to less than £10.(4) If the Accountant...
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