Article 5 Amendments to the Court Funds Rules 1987

at the end of the heading, add “or other authority to lodge”;

at the beginning of paragraph (1), add “Subject to paragraph (1A),”;

in paragraph 1(i), omit the words “or in the Court of Protection”; and

after paragraph (1), insert–

“(1A)

Paragraph (1) does not apply to proceedings in the Court of Protection.

(1B)

Where, in proceedings in the Court of Protection, a person (“Person A”) seeks to lodge funds in court on behalf of a person who lacks capacity (“Person B”), the Accountant General must not make such lodgment until he has received one of the following documents—

(i)

a lodgment schedule;

(ii)

where a deputy has not been appointed in relation to Person B, and the funds are required to be lodged by Person A by court order, a copy of that order;

(iii)

where, prior to 1st October 2007, Person A had been appointed as Person B’s receiver under Part VII of the Mental Health Act 1983 (as that part was in force immediately prior to that date), a copy of the order of the Court of Protection by which Person A was so appointed; or

(iv)

a copy of the order of the Court of Protection appointing Person A as Person B’s deputy.”.