Explanatory note

These Rules amend the Court Funds Rules 2011 (S.I. 2011/1734) (“the 2011 Rules”). The 2011 Rules relate to funds in court that are vested in the Accountant General under section 38 of the Administration of Justice Act 1982 (c. 53). The 2011 Rules govern the administration and management of funds in court by the Accountant General. These Rules amend the 2011 Rules for two purposes, the first pursuant to provision made by section 350 of the Finance (No. 2) Act 2023 (c. 30), and the second to make a correction in rule 6A.

Section 350 of the Finance (No. 2) Act 2023 amends section 38(8) of the Administration of Justice Act 1982 to enable Court Funds Rules to make provision for the payment into the Consolidated Fund of funds which have been vested in the Accountant General (under section 38(1)) for at least 30 years, provided that any conditions prescribed by the Rules over and above the 30-year requirement have been met. These Rules insert a new rule 41A into the 2011 Rules which provides for the payment into the Consolidated Fund of funds which have been vested in the Accountant General for more than 30 years and sets out additional conditions which must be fulfilled for that payment to be made.

The correction in rule 6A is to replace sub-paragraph (d) in paragraph (3) with a new sub-paragraph the wording of which more closely reflects the wording of rule 6(5) to which the sub-paragraph refers.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sectors is foreseen.