The Court Funds (Amendment No 2) Rules 2007

Amendments to the Court Funds Rules 1987

10.  Rule 40 is amended as follows—

(a) for paragraph (2), substitute–

“(2) Subject to paragraphs (4) to (9) below, the Accountant General may make payment out of money lodged in court by means of–

(i) the Bankers’ Automated Clearing System to a bank in the United Kingdom; or

(ii) international money transfer to a bank outside the United Kingdom,

for the credit of the account of the payee at that bank.”;

(b) for paragraph (5), substitute–

“(5) Subject to paragraph (5A), on receipt of a written request from a donee under a power of attorney given by the payee, the Accountant General may make payment by means of–

(i) the Bankers’ Automated Clearing System (if the account is held at a bank in the United Kingdom); or

(ii) international money transfer (if the account is held at a bank outside the United Kingdom),

for the credit of the account of the payee at that bank.

(5A) The request for payment referred to in paragraph (5) must be accompanied by—

(i) an office copy of that power of attorney showing that it has been registered as required by the relevant Act in the case of–

(a) a lasting power of attorney made under section 9 of the 2005 Act; or

(b) an enduring power of attorney (as defined in paragraph 2 of Schedule 4 to the 2005 Act) made before 1st October 2007 which was registered–

(aa) before that date under the Enduring Powers of Attorney Act 1985 (as that Act was in force immediately prior to that date); or

(ab) on or after that date under the 2005 Act; and

(ii) in all other cases, a copy of the power of attorney by which the donee was appointed, certified in accordance with the provisions of section 3 of the Powers of Attorney Act 1971.

(5B) The Accountant General may refuse to make the payment referred to in paragraph (5) if—

(i) the requirements of paragraph (5A) have not been met; or

(ii) he considers that the request for payment is not within the powers conferred on the donee by the power of attorney.”;

(c) for paragraph (7)(i) substitute–

“(i) the payee does not have an account which is suitable for the receipt of funds–

(a) (in respect of an account held at a bank in the United Kingdom) by Bankers’ Automated Clearing System; or

(b) (in respect of an account held at a bank outside the United Kingdom) by international money transfer; or”; and

(d) in paragraph (9)(ii), after the words “Bankers’ Automated Clearing System”, insert “or international money transfer”.