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Article 40 Payments out of money by post and identification of payees

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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 (3) and (4) below, the payment out of money lodged in court shall be made by the Accountant General, by a cheque crossed generally, by post as follows:—

(i)

where the address of the payee is stated in the Payment Schedule or supplementary authority and that schedule or authority 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 or supplementary authority 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 in the approved form.

(3)

On receipt of a written request from the payee or a donee under a power of attorney given by the payee the Accountant General may make payment to a bank in the United Kingdom for the credit of the account of the payee at that bank or at a bank in the country in which he resides.

(4)

The Accountant General may, if he thinks fit, refuse to make a payment until he is satisfied as to the identity and entitlement of any person claiming to be the payee and the Accountant General may refuse to make a remittance by post in any individual case and may require the personal attendance of the payee at the Court Funds Office or a court office as a condition of payment.