Explanatory note

These Rules amend the Court Funds Rules 2011 (S.I. 2011/1734) (“the 2011 Rules”). The 2011 Rules govern the administration and management of funds in court by the Accountant General.

Under the 2011 Rules, the Accountant General must maintain two interest bearing accounts, known as the special and basic accounts. Rule 3 amends rule 11 of the 2011 Rules to insert new paragraph (1A) to make clear that investment in the special account is to be used only for funds to which a child or person lacking capacity is entitled.

Rule 4 substitutes rule 27 of the 2011 Rules to correct drafting errors inserted by the Court Funds (Amendment) Rules 2025 (S.I. 2025/1275) (“the 2025 Amendment Rules”). This substitution clarifies in paragraph (2) the requirements of both the claimant and the defendant to enable the Accountant General to make a payment from a fund in court under rule 37.3 of the Civil Procedure Rules 1998 (S.I. 1998/3132). The text of the remainder of rule 27 is replicated to correct defective drafting, removing any ambiguity as to whether the 2025 Amendment Rules omitted the remainder of rule 27. It is renumbered for clarity but is otherwise unchanged from the version before the amendment was made by the 2025 Amendment Rules.

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