{
  "url": "https://openlegislation.uk/court-funds-rules-2011/rule-3",
  "json_url": "https://openlegislation.uk/court-funds-rules-2011/rule-3.json",
  "legislation": "uksi/2011/1734",
  "legislation_title": "The Court Funds Rules 2011",
  "legislation_url": "https://openlegislation.uk/court-funds-rules-2011",
  "path": "rule/3",
  "kind": "rule",
  "number": "3",
  "heading": "Interpretation",
  "text": "(1) Expressions used in these Rules that are also used in the Civil Procedure Rules 1998 shall have the same meaning as they have in those Rules.\n(2) In these Rules:\n“Accountant General” means the Accountant General of the Senior Courts or a person appointed under rule 5;\n“Authenticated” means authenticated with a stamp issued , or an electronic version approved, by the Accountant General;\n“Child” means a person under 18;\n“Common investment fund” means a fund established by a scheme made under section 42 of the Administration of Justice Act 1982;\n“Court” means any court listed in rule 2(b);\n“CPR” means the Civil Procedure Rules 1998;\n“Deposit schedule” means a schedule to an order directing that a fund be deposited in court;\n“Deputy” means a person who makes decisions on behalf of a person who lacks capacity and who has been:\n(a)appointed by a court under section 16(2)(b) of the Mental Capacity Act 2005; or\n(b)deemed to be so appointed by virtue of paragraph 1 of schedule 5 to that Act;\n“Electronic request” means a request made in an electronic form approved by or using a digital platform maintained on behalf of the Accountant General to—\n(a)deposit funds in court;\n(b)deal with a fund in court; or\n(c)receive payment from a fund in court;\n“Foreign currency” means currency other than sterling;\n“Fund” means money (including foreign currency), securities or effects;\n“Fund in court” means a fund deposited in court in accordance with Part 2 of these Rules;\n“Investment manager” means a person appointed by a deputy to make decisions as to the investment of a fund in court on behalf of a person who lacks capacity;\n“Order” means an order or direction made under the seal of a court;\n“Payment schedule” means a schedule to an order directing a payment from, or a dealing with, a fund in court;\n“Person who lacks capacity” means a person who:\n(a)immediately before 1st October 2007 was a patient within the meaning of Part VII of the Mental Health Act 1983; or\n(b)a court has found lacks capacity within the meaning of the Mental Capacity Act 2005 in relation to a fund in court held or to be held on that person’s behalf; and\n“Written request” means a request made on a form approved by the Accountant General to:\n(a)deposit funds in court;\n(b)deal with a fund in court; or\n(c)receive payment from a fund in court.\n(3) In these Rules, where two or more deputies are appointed in relation to a person who lacks capacity:\n(a) the word “deputy” refers to those deputies acting jointly if and to the extent that joint action is required by the terms of their appointment; and\n(b) any rule permitting the Accountant General to refuse to:\n(i) follow a direction given by a deputy; or\n(ii) undertake any other act at the request of a deputy,\nincludes a power to refuse to do so on the ground that, while the terms of appointment require the deputies to act jointly, the direction or request was not jointly made.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in rule 3(2) inserted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 3(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 3(2) inserted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 3(b)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 3 in force at 3.10.2011, see rule 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1998/3132."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2005 c.9."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1983 c.20."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/1734/rule/3",
    "retrieved_at": "2026-10-29T02:01:39.847492+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}