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The Court Funds Rules 2011

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3.—(1) Expressions used in these Rules that are also used in the Civil Procedure Rules 1998(1) shall have the same meaning as they have in those Rules.

(2) In these Rules:

“Accountant General” means the Accountant General of the Senior Courts or a person appointed under rule 5;

“Authenticated” means authenticated with a stamp issued by the Accountant General;

“Child” means a person under 18;

“Common investment fund” means a fund established by a scheme made under section 42 of the Administration of Justice Act 1982;

“Court” means any court listed in rule 2(b);

CPR” means the Civil Procedure Rules 1998;

“Deposit schedule” means a schedule to an order directing that a fund be deposited in court;

“Deputy” means a person who makes decisions on behalf of a person who lacks capacity and who has been:

(a)

appointed by a court under section 16(2)(b) of the Mental Capacity Act 2005(2); or

(b)

deemed to be so appointed by virtue of paragraph 1 of schedule 5 to that Act;

“Foreign currency” means currency other than sterling;

“Fund” means money (including foreign currency), securities or effects;

“Fund in court” means a fund deposited in court in accordance with Part 2 of these Rules;

“Investment manager” means a person appointed by a deputy to make decisions as to the investment of a fund in court on behalf of a person who lacks capacity;

Order” means an order or direction made under the seal of a court;

“Payment schedule” means a schedule to an order directing a payment from, or a dealing with, a fund in court;

“Person who lacks capacity” means a person who:

(a)

immediately before 1st October 2007 was a patient within the meaning of Part VII of the Mental Health Act 1983(3); or

(b)

a court has found lacks capacity within the meaning of the Mental Capacity Act 2005 in relation to a fund in court held or to be held on that person’s behalf; and

“Written request” means a request made on a form approved by the Accountant General to:

(a)

deposit funds in court;

(b)

deal with a fund in court; or

(c)

receive payment from a fund in court.

(3) In these Rules, where two or more deputies are appointed in relation to a person who lacks capacity:

(a)the word “deputy” refers to those deputies acting jointly if and to the extent that joint action is required by the terms of their appointment; and

(b)any rule permitting the Accountant General to refuse to:

(i)follow a direction given by a deputy; or

(ii)undertake any other act at the request of a deputy,

includes a power to refuse to do so on the ground that, while the terms of appointment require the deputies to act jointly, the direction or request was not jointly made.

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