Article 5 Amendments to the Courts Funds Rules 1987

For paragraph (2) of rule 44 there shall be substituted:—

“(2)

Subject to paragraph (2B), the Accountant General shall, on receipt of a written request, pay

(i)

by cheque crossed “account payee” to the plaintiff, or

(ii)

to a bank in the United Kingdom by means of the Bankers’ Automated Clearing System for the credit of the account of the plaintiff at the bank,

money lodged in court in satisfaction of a claim, or appropriated in accordance with Rule 25, and accepted by him in accordance with Rules of Court: provided that where a solicitor is acting for the plaintiff in the proceedings in which the money was lodged or appropriated by virtue of a legal aid certificate issued in accordance with the Civil Legal Aid (General) Regulations 1989^f1, the Accountant General shall pay the money to that solicitor, or to the Legal Aid Board if there is no longer a solicitor acting.”.

After paragraph (2) of rule 44, the following new paragraphs shall be inserted:—

“(2A)

the written request under paragraph (2) above shall, where payment is to be made under sub-paragraph (ii) of that paragraph, provide the necessary details of the plaintiff’s bank and account.

(2B)

In cases where:—

(i)

the plaintiff 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 plaintiff for the payment to be made by cheque;

the Accountant General shall make the payment by a cheque crossed “account payee”, to the plaintiff by post.

(2C)

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 plaintiff fails to provide him with sufficient information under paragraph (2A) above or for another good reason.”.