The Court Funds (Amendment No. 2) Rules 2023

• Citation: S.I. 2023/1356
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Court Funds (Amendment No. 2) Rules 2023 and come into force on 1st February 2024.

(2) In these Rules, a reference to a rule by number alone means the rule so numbered in the Court Funds Rules 2011 .

Section 2 Amendment of the Court Funds Rules 2011

(1) The Court Funds Rules 2011 are amended as follows.

(2) In rule 6A(3), for sub-paragraph (d) substitute—

(d) where rule 6(5) applies—

(i) an electronic sealed copy of a deposit schedule; and

(ii) an electronic copy of the witness statement or affidavit filed in accordance with CPR rule 37.4;

(3) After rule 41 insert—

Transfer of unclaimed funds to the Consolidated Fund

(41A)

(1) Subject to paragraphs (4) and (5), the Accountant General shall pay into the Consolidated Fund any fund which has been vested in the Accountant General under section 38(1) of the Administration of Justice Act 1982 for more than 30 years immediately preceding the date of payment, if the conditions in paragraph (2) are fulfilled in relation to that fund.

(2) The conditions are that—

(a) the fund is presently held in an account of unclaimed funds;

(b) the fund has not been dealt with for at least 30 years immediately preceding the date of payment other than—

(i) being transferred to the account of unclaimed funds;

(ii) being credited with accrued interest or dividends;

(iii) by a compulsory dealing in securities; or

(iv) by a person contacting the Court Funds Office claiming to be entitled to the fund or to state that such a claim has been submitted, or a court contacting the Court Funds Office to state that such a claim is being considered, provided that no such claim was ultimately submitted or such a claim was submitted but was unsuccessful;

(c) there is no unresolved claim or communication in relation to the fund as referred to in sub-paragraph (b)(iv); and

(d) the Accountant General is satisfied that all reasonable steps were taken during the period referred to in sub-paragraph (b) to trace the person entitled to the fund, and that that person cannot be traced.

(3) Where a fund in court is held on behalf of a child and the child’s date of birth is known, the period referred to in paragraph (2)(b) shall not begin until the child’s 18th birthday.

(4) The Accountant General shall not pay any fund into the Consolidated Fund under paragraph (1) if the Accountant General considers there to be good reason why that fund should not be so paid.

(5) Paragraph (1) does not apply to any fund deposited under rule 39(2).

Section 3 Transitional provision

The Accountant General shall not make any payment into the Consolidated Fund under rule 41A before the end of 4 months beginning with the day on which these Rules come into force.