Article 8 Payments out of money and identification of payees

For Rule 38, there shall be substituted the following Rule—

“Payments out of money

38

(1)

In this Rule, the person entitled to the payment out of money lodged in court is referred to as the payee.

(2)

Subject to paragraphs (4) to (9) below, the payment out of money lodged in court may be made by the Accountant General to a bank in the United Kingdom by means of the Bankers' Automated Clearing System for the credit of the account of the payee at that bank.

(3)

The Payment Schedule or other authority shall provide the necessary details of the payee’s bank and account to enable a payment to be made under paragraph (2) above.

(4)

In cases where—

(i)

the Payment Schedule is dated not more than one year prior to the date on which the Accountant General is able to make payment, he shall make payment as soon as is practicable;

(ii)

the Payment Schedule is dated more than one year prior to the date on which the Accountant General is able to make payment, he shall make payment on receipt of a written request from the payee.

(5)

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 the Bankers' Automated Clearing System to a bank in the United Kingdom for the credit of the account of the payee at that bank.

(6)

Where the Accountant General does not make a payment by means of the Bankers' Automated Clearing System under paragraph (2) above, he shall make the payment by a cheque crossed “not negotiable” by post in accordance with paragraph (8).

(7)

In cases where—

(i)

the payee does not have an account which is suitable for the receipt of funds by means of the Bankers' Automated Clearing System; or

(ii)

there is a written request from the payee for the payment to be made by cheque;

the Accountant General shall make the payment by a cheque crossed “not negotiable”.

(8)

Where the Accountant General makes a payment under paragraph (6) or (7) above, it shall be sent by post as follows—

(i)

where the address of the payee is stated in the Payment Schedule and that Schedule is dated not more than one year prior to the date on which the Accountant General is able to make payment, he shall make payment to the payee at the address so stated;

(ii)

where the Payment Schedule is dated more than one year prior to the date on which the Accountant General is able to make payment, he shall make payment on receipt of a written request from the payee and, in a case where there has been a written request under paragraph 7(ii) above, that request shall be sufficient for the purposes of this sub-paragraph.

(9)

The Accountant General may, if he thinks fit, refuse to make a payment by means of the Bankers' Automated Clearing System in any individual case if the Payment Schedule is not completed with sufficient information or for another good reason.”.