Court Funds (Amendment) Rules 2007

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Court Funds Rules 1987 as a result of changes to Parts 36 and 37 of the Civil Procedure Rules 1998 contained in the Civil Procedure (Amendment No. 3) Rules 2006 (S.I. 2006/3435).

In addition the Court Funds Rules 1987 are amended as follows:

• The opportunity has been taken to remove some definitions which are no longer applicable.

• References to “minor” are changed to “child” throughout the rules.

• Rule 10 is revoked, on the basis that it has not been invoked for some years and is now obsolete.

• Rule 11 is amended, reflecting the fact that the Court Funds Office has no facility to deduct tax at source from monies held in court.

• Rule 12 is revoked, on the basis that it has not been invoked for some years and is now obsolete.

• Rule 57(2) is amended so that the Accountant General may treat a fund as unclaimed either if there is a balance on the account which has not been dealt with for 10 years, or if he is otherwise satisfied at any time that following reasonable steps to trace the person entitled to the money, that person cannot be traced.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.