# The Court Funds Rules 2011, Rule 3: Interpretation

Extent: E+W

(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.
(2) In these Rules:
“Accountant General” means the Accountant General of the Senior Courts or a person appointed under rule 5;
“Authenticated” means authenticated with a stamp issued , or an electronic version approved, by the Accountant General;
“Child” means a person under 18;
“Common investment fund” means a fund established by a scheme made under section 42 of the Administration of Justice Act 1982;
“Court” means any court listed in rule 2(b);
“CPR” means the Civil Procedure Rules 1998;
“Deposit schedule” means a schedule to an order directing that a fund be deposited in court;
“Deputy” means a person who makes decisions on behalf of a person who lacks capacity and who has been:
(a)appointed by a court under section 16(2)(b) of the Mental Capacity Act 2005; or
(b)deemed to be so appointed by virtue of paragraph 1 of schedule 5 to that Act;
“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—
(a)deposit funds in court;
(b)deal with a fund in court; or
(c)receive payment from a fund in court;
“Foreign currency” means currency other than sterling;
“Fund” means money (including foreign currency), securities or effects;
“Fund in court” means a fund deposited in court in accordance with Part 2 of these Rules;
“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;
“Order” means an order or direction made under the seal of a court;
“Payment schedule” means a schedule to an order directing a payment from, or a dealing with, a fund in court;
“Person who lacks capacity” means a person who:
(a)immediately before 1st October 2007 was a patient within the meaning of Part VII of the Mental Health Act 1983; or
(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
“Written request” means a request made on a form approved by the Accountant General to:
(a)deposit funds in court;
(b)deal with a fund in court; or
(c)receive payment from a fund in court.
(3) In these Rules, where two or more deputies are appointed in relation to a person who lacks capacity:
(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
(b) any rule permitting the Accountant General to refuse to:
(i) follow a direction given by a deputy; or
(ii) undertake any other act at the request of a deputy,
includes 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.

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Source: https://www.legislation.gov.uk/uksi/2011/1734/rule/3 (the official version)
Page: https://openlegislation.uk/court-funds-rules-2011/rule-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.