Rule 22 Documents required for paymentI1
England and Wales
The general rule is that the Accountant General shall make a payment from a fund in court if provided with a payment schedule signed and authenticated by a court.
The general rule—
applies subject to rule 22A; and
does not apply if payment is made under one of the following paragraphs in this rule.
Subject to paragraphs (6) and (7), where a deputy has been appointed, the Accountant General shall only make a payment from a fund in court if provided with:
a written request from the deputy; and
a sealed copy of the court order authorising the payment.
Where an enactment requires specific authority for payment, the Accountant General shall only make a payment from a fund in court if provided with:
a written request; and
any authority required to permit payment under the enactment.
Where a court has ordered that a person may apply directly to the Court Funds Office for payment of a fund in court on or after reaching their majority, the Accountant General shall only make a payment from the fund in court if provided with a written request from that person.
Where the Court of Protection is satisfied that a person no longer lacks capacity in relation to a fund in court to which that person is entitled, the Accountant General shall only make a payment from the fund in court if provided with:
a written request; and
a sealed copy of the court order.
Where the Court of Protection has ordered a payment from a fund in court be made to a person other than the person entitled to the fund in court or a deputy, the Accountant General shall only make a payment from the fund in court if provided with:
a payment schedule signed and authenticated by the court; or
a written request; and
a sealed copy of the court order authorising the payment.
Annotations
Textual amendments
- F1
Rule 22(2) substituted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 13