The Court Funds (Amendment) Rules 2010

• Citation: S.I. 2010/172
• Sections: 10

Section 1 Citation and commencement

These Rules may be cited as the Court Funds (Amendment) Rules 2010 and shall come into force on 1st April 2010.

Section 2 Amendments to the Court Funds Rules 1987

The Court Funds Rules 1987 are amended in accordance with rules 3 to 10.

Section 3 Amendments to the Court Funds Rules 1987

In rule 19 after paragraph (1) insert —

(1A) The following persons may pay money into the Mayor’s and City of London Court in accordance with paragraph (2):

(a) a litigant in person without a current account who is involved in a claim proceeding at the Royal Courts of Justice; and

(b) a person who is required by or under any enactment to give security for costs in respect of proceedings for an election petition.

Section 4 Amendments to the Court Funds Rules 1987

In rule 19(2) after “paragraph 1” insert “or (1A)”.

Section 5 Amendments to the Court Funds Rules 1987

In rule 40(9)(i) omit “the Court Funds Office or”.

Section 6 Amendments to the Court Funds Rules 1987

Immediately before rule 46 insert—

Transfer of funds from a special account to a basic account

(45A) When the Accountant General is notified, or becomes aware, that a person on whose behalf money is held in a special account ceases to be a person under a disability, the Accountant General shall transfer the balance of the special account to a basic account from the date the disability ceased.

Section 7 Amendments to the Court Funds Rules 1987

(1) Rule 57 is amended as follows:

(a) at the beginning of paragraph (2) insert “Subject to paragraph (3),”;

(b) in paragraph 2(i) omit “subject to paragraph (3),”; and

(c) for paragraph (3) substitute—

(3) Where a fund was lodged in court for the benefit of a child and:

(a) the child’s date of birth is known, the rules mentioned in paragraphs 2(i) and (ii) shall not apply until the child’s 18th birthday;

(b) the child’s date of birth is not known, the rules mentioned in paragraphs 2(i) and (ii) shall apply from the date on which the fund is lodged in court.

Section 8 Amendments to the Court Funds Rules 1987

In rule 58(1) omit “,which may be inspected at the Court Funds Office during normal office hours”.

Section 9 Amendments to the Court Funds Rules 1987

Omit rule 59.

Section 10 Amendments to the Court Funds Rules 1987

For rule 60 substitute—

Disposal of unclaimed securities or effects in court

(60)

(1) Where any securities (including common investment fund units) or effects are carried over under rule 57, the Accountant General may sell the securities or effects and pay the proceeds into the account of unclaimed balances.

(2) The Accountant General shall write off any securities or effects carried over under rule 57 which have no value.

(3) Where any sum carried over under rule 57 stands to an interest bearing account, the Accountant General shall withdraw the sum and place it to the account of unclaimed balances.