Supreme Court Funds Rules 1975
| Jurisdiction | UK Non-devolved |
1975 No. 1803 (L. 24)
SUPREME COURT OF JUDICATURE, ENGLAND
FUNDS
The Supreme Court Funds Rules 19755thNovember 1975
21stNovember 1975
15thDecember 1975
ARRANGEMENT OF RULES
PRELIMINARY
Rule
1. Citation and commencement.
2. Interpretation.
3. Court Funds Office.
4. Discharge of Accountant General's functions.
5. Power to authorise use of additional forms.
PART I
AUTHORITIES FOR LODGMENT, PAYMENT OUT, TRANSFER, ETC.
6. Lodgment Schedule.
7. Payment Schedule.
8. Preparation of Schedules.
9. Amendment of Schedules.
10. Certificate of a Master or Taxing Officer.
11. Certificate of execution of documents.
12. Authority for dealing with funds in court.
13. Particulars required for calculation of interest.
14. Periodical payments.
15. Funds on which duty is payable.
16. Foreign currencies.
PART II
LODGMENT OF FUNDS IN COURT
Rule
17. Issue of Accountant General's directions to the Bank.
18. Chancery Division lodgments.
19. Court of Protection lodgments.
20. Queen's Bench or Family Division lodgments.
21. Lodgments pursuant to the Exchange Control Act 1947.
22. Lodgment of money in court.
23. Securities transferable by delivery and deposit of effects.
24. Other securities.
25. Return of lodgment directions.
26. Certificates of lodgment.
PART III
APPROPRIATION
27. Appropriation of money lodged under Order 14.
PART IV
INVESTMENT OF FUNDS AND PLACING OF MONEY ON DEPOSIT
28. Time for investment.
29. Amount for investment.
30. Investment in common investment fund.
31. Time for placing money on deposit.
32. Money not placed on deposit.
33. Interest on money on deposit.
34. Time and amount for placing to short-term investment account.
35. Interest on short-term investment account.
36. Withdrawal of money from deposit or short-term investment account.
37. Dealings with foreign currencies.
PART V
PAYMENT, TRANSFER AND DELIVERY OF FUNDS OUT OF COURT
38. Identification of payees, etc.
39. Payments out of money by post.
40. Payment etc., to women who later marry.
41. Payment pursuant to directions of the Court of Protection.
42. Payment etc., to representatives of deceased persons.
43. Payment out without order of money lodged in satisfaction.
44. Payment out of money lodged pursuant to the Exchange Control Act 1947.
Rule
45. Payment out of interest on securities.
46. Transfer or delivery of securities.
47. Charges on purchase or sale of securities.
48. Order of priority of sale of securities.
49. Application of funds dealt with before receipt of Payment Schedule.
50. Transfer to county court.
51. Special accounts.
PART VI
CONVERSION, ALLOTMENT AND WRITE OFF OF SECURITIES
52. Conversion and allotment of securities.
53. Arrangements with Bank over paid off securities, etc.
54. Securities of dissolved companies.
PART VII
NATIONAL DEBT COMMISSIONERS
55. National Debt Commissioners.
PART VIII
UNCLAIMED FUNDS IN COURT
56. Unclaimed funds in court.
PART IX
DISTRICT REGISTRY FUNDS
57. Application of Rules to District Registries.
58. Payment of money into court.
59. Transfer of funds.
60. Payment of money out of court.
PART X
MISCELLANEOUS
61. Certificates of funds in court.
62. Copies of accounts, etc.
63. Revocations.
Appendix 1—Forms.
Appendix 2—Rules revoked.
The Lord Chancellor, in exercise of the powers conferred on him by sections 4(1) and 7(1) of the Administration of Justice Act 1965(a) and with the concurrence of the Treasury, hereby makes the following Rules:—
PRELIMINARY
Citation and commencement
1. These Rules may be cited as the Supreme Court Funds Rules 1975 and shall come into operation on 15th December 1975.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(2) Unless the context otherwise requires, expressions to which meanings are assigned by the Rules of the Supreme Court have the same meaning in these Rules and—
"the Bank" means the Bank of England;
"brokerage" includes stamp duties and the registration fee, if any, chargeable by a company on the transfer of securities pursuant to a purchase or sale;
"Capital Fund" means the common investment fund of that name established by the Common Investment Funds Scheme 1965(c);
"to carry over" means to transfer a fund in court or any part thereof from one account to another in the books of the Court Funds Office;
"common investment fund" means a fund established by a scheme made under section 1 of the Administration of Justice Act 1965;
"court" means the Supreme Court and includes the Court of Protection;
"Court Funds Office account" means the cash account of the Accountant General at the Bank;
"duty" means capital transfer tax or, where relevant, estate, succession or legacy duty;
"foreign currency" has the meaning assigned to it by section 1(3) of the Exchange Control Act 1947(d);
"fund" or "fund in court" means any money, securities or other investments (including foreign currency assets) standing or to be placed to the account of the Accountant General, and includes money placed on deposit or to a short-term investment account, and any effects;
"interest" means interest accruing on funds and includes dividends;
"ledger credit" means the title of an account in the books of the Court Funds Office to which any funds are credited or are to be credited;
"lodge in court" means pay or transfer into court or deposit in court;
"Master" means a Master of the Supreme Court or Master of the Court of Protection and includes the Admiralty Registrar, a Registrar of the Chancery or Family Division, a Registrar in Bankruptcy and a District Registrar;
"Master of the Court of Protection" means the Master or Deputy Master of that Court, or any other officer of that Court nominated by the Lord Chancellor to act for the purposes of Part VIII of the Mental Health Act 1959(e);
(a) 1965 c. 2.
(b) 1889 c. 63.
(c) S.I. 1965/1467 (1965 II, p. 4303).
(d) 1947 c. 14.
(e) 1959 c. 72.
"order" means an order or judgment of the High Court or Court of Appeal, or an order, certificate or direction under the seal of the Court of Protection;
"prescribed" means fixed by order under section 213 of the Supreme Court of Judicature (Consolidation) Act 1925(a);
"securities" includes units and investments effected by placing money to a short-term investment account;
"short-term investment account" means an account of funds bearing interest in accordance with rule 35;
"unit" means one of the shares into which a common investment fund is treated as being divided.
(3) Unless the context otherwise requires, a rule, Part or Appendix referred to by number means the rule, Part or Appendix so numbered in these Rules; a form referred to by number means the form so numbered in Appendix 1, or a form substantially to the like effect; and an Order and rule referred to together by number means the Order and rule so numbered in the Rules of the Supreme Court.
(4) Unless the context otherwise requires, any reference in these Rules to any rule or enactment shall be construed as a reference to that rule or enactment as amended, extended or applied by any other rule or enactment.
Court Funds Office
3. The office of the Accountant General heretofore known as the Supreme Court Pay Office shall be re-named the Court Funds Office.
Discharge of Accountant General's functions
4.—(1) The functions of the Accountant General under these Rules may be discharged, subject to such conditions as he may direct, by any deputy appointed by him.
(2) Any direction issued by the Accountant General for the purpose of giving effect to these Rules shall be authenticated on his behalf by such officers as the Treasury may from time to time prescribe or approve.
Power to authorise use of additional forms
5. Nothing in these Rules shall prejudice the power of the Accountant General to authorise and require the use of such forms as he may consider appropriate for any purpose for which no appropriate form is prescribed in Appendix 1.
PART I
AUTHORITIES FOR LODGMENT, PAYMENT OUT, TRANSFER, ETC.
Lodgment Schedule
6. Where lodgment of funds in court is directed by an order or authorised by a Master, the authority to the Accountant General for such lodgment shall be—
(i) in proceedings in the Chancery Division or in the Court of Protection, a Lodgment Schedule;
(ii) in proceedings in the Queen's Bench or Family Division, a copy of the order.
(a) 1925 c. 49.
Payment Schedule
7. Where an order directs the manner in which any fund in court is to be dealt with by the Accountant General, a Payment Schedule shall be lodged with him.
Preparation of Schedules
8.—(1) In any proceedings, other than proceedings in the Court of Protection, where an order is made directing the lodgment of funds or a dealing with funds in court, the party having carriage of the order shall prepare and submit the Lodgment or Payment Schedule, as the case may be, to the appropriate court office for authentication.
(2) When the Master, Chief Associate, or authorised officer of the Queen's Bench Division, the Court of Protection or the Crown Court, as appropriate, has signed or initialled the Lodgment or Payment Schedule and it has been sealed, he shall forward it to the Accountant General.
Amendment of Schedules
9. Where it is necessary to amend a Schedule for the purpose of correcting a clerical mistake or an error arising from an accidental slip or omission, the proper officer shall—
(i) amend the Schedule and authenticate the amendment by his signature; or
(ii) issue a notice of amendment sealed and authenticated in the same manner as the Schedule.
Certificate of a Master or Taxing Officer
10.—(1) Where a Payment Schedule directs that a sum shall be ascertained by the certificate of a Master and afterwards dealt with by the Accountant General or directs that costs shall be taxed and paid out of funds in court, there shall be stated in the certificate of the Master or Taxing Officer, as appropriate—
(i) the amount so ascertained or the amount of the taxed costs...
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