Article 3 Amendments to the Court Funds Rules 1987

before the definition of “Accountant General”, insert–

• ““The 2005 Act” means the Mental Capacity Act 2005;”;

in the definition of “Bankers’ Automated Clearing System”, after the words “one bank”, insert “in the United Kingdom”;

in the definition of “Court”, after the entry “The Supreme Court”, insert “The Court of Protection”;

after the definition of “Court Funds Office Account”, insert–

• ““Deputy” means, in relation to a person who lacks capacity, a person–

  1. (i)

     appointed by the Court under section 16(2)(b) of the 2005 Act to make decisions on that person’s behalf; or

  2. (j)

     deemed to be so appointed by virtue of paragraph 1 of Schedule 5 to that Act (existing receivers);”;

in the definition of the “Employment Appeal Tribunal”, for the words “under section 87 of the Employment Protection Act 1975” substitute “by the Employment Tribunals Act 1996^f1”;

after the definition of “Interest bearing account”, insert–

• ““International money transfer” means a method of payment by which funds are transferred from a bank in the United Kingdom to a bank outside the United Kingdom by means of an automated system;”;

in the definition of “Master”, omit the words “or Master of the Court of Protection”;

omit the definition of “Master of the Court of Protection”;

In the definition of “Order”, for the words “an order or judgment”, substitute “a judgment or an order under the seal”;

omit the definition of “Patient”;

in the definition of “Person under a disability”, for the word “patient”, substitute “person who lacks capacity”; and

after the definition of “Person under a disability”, insert–

• ““Person who lacks capacity” means a person who–

  1. (i)

     immediately before 1 October 2007, was a patient within the meaning of Part VII of the Mental Health Act 1983 (as that Act was in force immediately prior to that date); or

  2. (j)

     a court has found lacks capacity within the meaning of the 2005 Act and whose lack of capacity relates (directly or indirectly) to funds in court held (or to be held) on his behalf;”.