[F1 PART 21 E+WCHILDREN AND PROTECTED PARTIES

Textual Amendments

F1 Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2

Modifications etc. (not altering text)

C1 Pt. 21 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 97

Appointment of a guardian of a child’s estate E+W

21.13.— (1) The court may appoint the Official Solicitor to be a guardian of a child’s estate where—

(a) money is paid into court on behalf of the child in accordance with directions given under rule 21.11 (control of money received by a child or protected party);

(b) the Criminal Injuries Compensation Authority notifies the court that it has made or intends to make an award to the child;

(c) a court or tribunal outside England and Wales notifies the court that it has ordered or intends to order that money be paid to the child;

(d) the child is absolutely entitled to the proceeds of a pension fund; or

(e) in any other case, such an appointment seems desirable to the court.

(2) The court may not appoint the Official Solicitor under this rule unless—

(a) the persons with parental responsibility (within the meaning of section 3 of the Children Act 1989) agree; or

(b) the court considers that their agreement can be dispensed with.

(3) The Official Solicitor’s appointment may continue only until the child reaches 18.

[F2 (Paragraph 8 of Practice Direction 40A deals with approval of the accounts of a guardian of assets of a child.)]]

Textual Amendments

F2 Words in rule 21.13 inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(14)