Rule 3 InterpretationI1

Expressions used in these Rules that are also used in the Civil Procedure Rules 1998^f1 shall have the same meaning as they have in those Rules.

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 F1, 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:

  1. (a)

     appointed by a court under section 16(2)(b) of the Mental Capacity Act 2005^f2; or

  2. (b)

     deemed to be so appointed by virtue of paragraph 1 of schedule 5 to that Act;

• F2“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—

  1. (a)

     deposit funds in court;

  2. (b)

     deal with a fund in court; or

  3. (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:

  1. (a)

     immediately before 1st October 2007 was a patient within the meaning of Part VII of the Mental Health Act 1983^f3; or

  2. (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:

  1. (a)

     deposit funds in court;

  2. (b)

     deal with a fund in court; or

  3. (c)

     receive payment from a fund in court.

In these Rules, where two or more deputies are appointed in relation to a person who lacks capacity: