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Administration of Justice Act 1977

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This is the original version (as it was originally enacted).

11Funds in court

(1)For section 3 of the [1965 c. 2.] Administration of Justice Act 1965 (Accountant General to maintain an account at Bank of England) there shall be substituted the following section:—

3Accountant General to maintain bank account.

The Accountant General shall maintain an account at the Bank of England or at such other bank as may be designated by the Lord Chancellor with the concurrence of the Treasury and shall pay all sums received by him into that account and all sums payable by him out of it..

(2)In section 4 of that Act (mode of effecting payment of money and transfer of securities, &c., into Supreme Court)—

(a)in subsection (1), for the words " Bank of England to the credit of the Accountant General's account" there shall be substituted the words " Accountant General's account under section 3 above "; and

(b)in subsection (3), after the words " Bank of England " there shall be inserted the words " or such other bank as may have been designated under section 3 above ".

(3)The following section shall be inserted after section 6 of that Act:—

6ATransfer of funds in court to Official Custodian for Charities and Church Commissioners.

(1)Any funds for the time being vested in the Accountant General and held by him in trust for any charity or in trust for any ecclesiastical corporation in the Church of England may, if the Accountant General on an application made in that behalf to him by the Charity Commissioners or the Church Commissioners thinks fit so to direct, be transferred to the Official Custodian for Charities or the Church Commissioners, as the case may be.

(2)Any funds transferred by virtue of a direction given under subsection (1) above shall be vested in and held by the Official Custodian for Charities or the Church Commissioners respectively in trust for the charity or ecclesiastical corporation upon the trusts upon which the funds were held before the transfer.

(3)No fees shall be payable under the Supreme Court of Judicature (Consolidation) Act 1925 or any rule or order made under it in respect of a transfer of funds under this section.

(4)In this section " ecclesiastical corporation" means a capitular body within the meaning of the Cathedrals Measure 1963 or the incumbent of a benefice..

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