The Court Funds (Amendment) Rules (Northern Ireland) 2008

Made: 2nd April 2008

To be laid before Parliament

Coming into operation: 19th May 2008

The Lord Chancellor, in exercise of the powers conferred on him by section 82(1) of the Judicature (Northern Ireland) Act 1978[^f00001] and with the concurrence of the Treasury, makes the following Rules:

Citation and commencement

1

These Rules may be cited as the Court Funds (Amendment) Rules (Northern Ireland) 2008 and shall come into operation on 19th May 2008.

Amendments

2

The Court Funds Rules (Northern Ireland) 1979[^f00002]are amended as follows.

3

In rule 2(1)—

• (a) for “the Common Investments Funds Scheme” substitute “the Common Investment Scheme 2004”[^f00003]; and

• (b) for “section 1 of the Administration of Justice Act 1965” substitute “section 42 of the Administration of Justice Act 1982”[^f00004].

4

In rule 6(2) omit “of Ireland at its principal office in Belfast”.

5

In rule 31 for “the Common Investment Funds Scheme 1965” substitute “the Common Investment Scheme 2004”.

6

After Form 8 insert the new Form 9 set out in the Schedule.

SCHEDULE

Signed

Signed by the authority of the Lord Chancellor

David Hanson — Minister of State — Ministry of Justice — Dated 18th March 2008

We concur

Dave Watts — Alan Campbell — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 2nd April 2008

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Court Funds Rules (Northern Ireland) 1979 [S.R. 1979 No. 105] so as to—

• amend a number of references in respect of the Common Investment Scheme;

• remove a reference to the Bank of Ireland so that the Accountant General is no longer obliged to maintain the County Court Account at that particular institution; and

• add a new form of lodgment schedule for use in situations where a lending institution finds itself holding on behalf of an untraceable mortgagor the proceeds of sale of property it has sold as mortgagee and wishes to lodge same in court.

Footnotes

[^f00001]: 1978 c.23

[^f00002]: 1979 No. 105 to which the most recent relevant amendments were made by S.R. 2004 No. 326

[^f00003]: S.I. 2004/266

[^f00004]: 1982 c.53