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Rule 22 Documents required for paymentI1

England and Wales

(1)

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.

F1(2)

The general rule—

(a)

applies subject to rule 22A; and

(b)

does not apply if payment is made under one of the following paragraphs in this rule.

(3)

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)

a written request from the deputy; and

(b)

a sealed copy of the court order authorising the payment.

(4)

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)

a written request; and

(b)

any authority required to permit payment under the enactment.

(5)

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.

(6)

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)

a written request; and

(b)

a sealed copy of the court order.

(7)

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)

a payment schedule signed and authenticated by the court; or

(b)
(i)

a written request; and

(ii)

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

Commencement

I1

Rule 22 in force at 3.10.2011, see rule 1(1)