Circuit Court Rules

ORDER 64A

FUNDS IN COURT

I. Preliminary

1. In this Order —

‘Accountant’ means the accountant referred to in section 16 of the Court Officers Act, 1926 (No 27 of 1926), or a deputy appointed by the Courts Service;

‘Accountant’s Office’ means the office referred to in section 15 of the Court Officers Act, 1926;

‘Chief Clerk’ means the Chief Clerk in the accountant’s office or a deputy appointed by the Courts Service;

‘funds’ means moneys, annuities, stocks, shares or other securities;

‘Institution’ means such company or institution, being the holder of a licence to carry on banking business within the State, as the accountant may, in consultation with the President of the Circuit Court, from time to time designate for the purpose of providing to the accountant current account banking services in respect of moneys to be lodged in court.

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II. Lodgment of funds in court

2. (1) The President of the Circuit Court may prescribe categories of proceedings, or of awards or lodgments made in proceedings, in respect of which funds to be paid into court are to be lodged at the accountant’s Office.

(2) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub-rule (1) hereof, moneys to be lodged in court within that category shall be paid in at the accountant’s office or, where the accountant directs, at the institution, and the accountant or the institution, as the case may be, shall cause a receipt to be given to the person making the lodgment, and shall send notice of such receipt to the County Registrar by post or in such other manner (including transmission electronically) as the accountant may determine.

(3) The President of the Circuit Court may prescribe categories of proceedings, or of awards or lodgments made in proceedings, in respect of which funds already paid into court are to be lodged at the accountant’s office.

(4) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub-rule 3 hereof, funds lodged in court within that category shall be paid in by the County Registrar at the accountant’s office or, where the accountant directs, at the institution, in accordance with a timetable fixed by the accountant in consultation with the County Registrar, and the accountant or the institution, as the case may be, shall cause a receipt to be given to the County Registrar making the lodgment, and shall send such receipt to the County Registrar by post or in such other manner (including transmission electronically) as the accountant may determine.

(5) Where funds to be paid into court are to be lodged at the accountant’s office, cheques for lodgment of moneys shall be made payable to the accountant.

(6) The accountant shall cause all moneys paid in at the accountant’s office pursuant to sub-rules 1 or 3 hereof to be lodged with the institution as soon as is practicable and the institution shall cause a receipt to issue to the accountant for every such lodgment.

(7) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub-rule (1) hereof, securities to be transferred into court within that category shall be transferred to the account of the accountant in the books of the institution, or any company, or other body corporate in whose books such securities are registered.

(8) Where the President of the Circuit Court has prescribed a category of proceedings, or of awards or lodgments made in proceedings, for the purposes of sub-rule (3) hereof, securities to be transferred into court within that category shall be transferred to the account of the accountant in the books of the institution, or any company, or other body corporate in whose books such securities are registered.

(9) The forms for the time being prescribed by the Rules of the Superior Courts for use in the accountant’s office shall, where applicable or appropriate and with such variations or modifications as may be necessary, be used in respect of any category which has been prescribed by the President of the Circuit Court for the purposes of sub-rules (1) or 3 hereof.

(10) Where funds to be paid into court are to be lodged at the accountant’s office, a direction for lodgment pursuant to an order shall, save where a direction for lodgment of funds is transmitted electronically pursuant to sub-rule 12 hereof, be issued by the accountant upon receipt from the County Registrar of a certified copy of the order, or, where the accountant permits, a document containing such particulars, in such form and authenticated in such manner as the accountant may from time to time prescribe.

(11) Where funds to be paid into court are to be lodged at the accountant’s office, a lodgment of funds in court not directed by an order may be made upon a direction to the institution, or other company or body corporate, to be issued by the accountant upon a request for lodgment signed by or on behalf of the person desiring to make such lodgment.

(12) A direction pursuant to an order of the court or of the County Registrar may be transmitted by the County Registrar to the accountant electronically in such form and manner and subject to such conditions and exceptions as the President of the Circuit Court may from time to time direct.

(13) An order containing a direction for lodgment of funds in court shall, within 14 days of the making of the order, be taken up by the plaintiff or other party for whose benefit the lodgment is to be made and served by that party by registered post on the defendant or other party required to make the lodgment.

(14) The defendant or other party directed to make a lodgment of funds in court shall lodge the funds concerned in court within 28 days of service upon that party of the order directing such lodgment.

[SI 525/05]

3. (1) In respect of any category of proceedings, or of awards or lodgments made in proceedings, which has not been prescribed by the President of the Circuit Court for the purposes of sub-rules (1) or (3) of rule 2 of this Order, the accountant may, in consultation with the County Registrar for the county concerned, prescribe a bank or other institution, being the holder of a licence to carry on banking business within the State, at which moneys to be lodged in court shall be paid in.

(2) Where the accountant has in respect of a county, prescribed a bank in accordance with and for the purposes of sub-rule 1 hereof, moneys to be lodged in court within any category to which that sub-rule refers shall be paid in at such bank or institution, and the bank or institution shall cause a receipt to be given to the person making the lodgment.

4. (1) A person required to make a lodgment in court pursuant to an order, shall be at liberty to make the same without further order, notwithstanding that the order may not have been served, or the time thereby limited for making such lodgment may have expired.

(2) Where the time limited for making such a lodgment has expired, the person required to make the lodgment shall pay into court an additional sum by way of interest upon the amount to be lodged at such judgment interest rate as was operative at the latest date the lodgment was required to have been made.

(3) If any sum of money has by reason of such default become payable by such person for interest, or in respect of dividends or otherwise, he shall be at liberty to lodge in court such further sum upon a request signed by or on behalf of the person desiring to make such lodgment; provided that any such subsequent lodgment shall not affect or prejudice any liability, process, or other consequence to which such person may have become subject by reason of his default in making the same within the time so limited.

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III. Investment

5. (1) Where moneys lodged with the accountant are directed or required to be invested such investment shall, subject to sub-rule (2) hereof, be held in the name of the accountant.

(2) Where moneys lodged with the accountant are directed or required to be invested, such investment may be held, as to the whole or part or parts thereof, in the name of such nominee or nominees and subnominee or subnominees as the accountant may, with the approval of the President of the Circuit Court, specify.

(3) Where the accountant is directed or required to sell, encash or otherwise realise an investment he shall give all such necessary directions for that purpose as soon as may be and shall ensure that the proceeds of such sale, encashment or realisation shall be paid as soon as may be to the account of the accountant.

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IV. Payment, delivery and transfer of, and other dealings with funds

6. Where funds to be paid into court are to be lodged at the accountant’s Office, a direction for the payment or transfer of funds pursuant to an order of the court or the County Registrar shall, save where a direction for payment or transfer of funds is transmitted electronically pursuant to sub-rule (12) of rule 2 of this Order, be issued by the accountant upon receipt from the County Registrar of a certified copy of the order or, where the accountant permits, a document containing such particulars, in such form and authenticated in such manner as the accountant may from time to time prescribe.

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7. (1) Where funds have been lodged with the accountant —

(a) Every direction by the accountant for the payment, delivery, or transfer of funds or securities out of court, or for the sale, investment, or carrying over of funds, other than one transmitted by electronic means in pursuance of sub-rule (6) hereof, shall be signed by (i) the accountant, or, in his absence, the deputy accountant or (ii) the Chief Clerk.

(b) The name of every officer authorised to sign directions in pursuance of paragraph (a) hereof shall be notified to the institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same is to continue; and such notification shall, in the case of the accountant and the deputy accountant, be signed by the Chief Executive of the Courts Service.

(2) Where funds have been lodged with the accountant —

(a) Every such direction shall be countersigned by such officer in the accountant’s office as shall have been appointed by the accountant for that purpose.

(b) The name of every officer authorised to countersign directions in pursuance of paragraph (a) hereof shall be notified to the institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such notification shall be signed by the accountant or the Chief Clerk.

(3) An officer countersigning any such direction shall compare it with the copy of the schedule as filed in the accountant’s Office, and shall satisfy himself that such direction is authorised by and in conformity with such schedule. Such officer shall note the directions which he countersigns, and the date of countersigning, in the copy of the schedule.

(4) The name of every officer authorised to sign directions in pursuance of sub-rule (1) hereof and of every officer authorised to countersign directions in pursuance of sub-rule (2) hereof shall be notified to the institution and to any other company required to act on such directions together with the time for which, in the case of temporary appointment, the same are to continue; and such notification shall be under the hand of the accountant or the Chief Clerk.

(5) Directions countersigned by any such officer during the continuance of his authority shall be sufficient, although the same shall not be presented to be acted on until after his authority shall have ended.

(6) The accountant may effect payment or transfer of funds out of court electronically in such form and manner as the President of the Circuit Court may from time to time direct.

(7) In this rule the word ‘direction’ means a cheque, draft, warrant, or other authority to the institution to pay or receive money lodged or to be lodged in court or an instrument transferring any stocks or shares standing in the name of the accountant.

8. (1) Where the accountant is required by order or otherwise to pay any dividend, annuity or other periodical payment, he shall, at the expiry of 11 months from the date of the first such payment, and at intervals of not more than 12 months thereafter, cause inquiries to be made for the purpose of reviewing the relevant particulars of the payee and revising his records where appropriate.

(2) Where a person (in this rule referred to as ‘the payee’) is entitled under an order or otherwise to receive a payment, and unless the order or authority for payment directs otherwise, the following provisions shall apply —

(a) the accountant shall, upon receipt of a request in writing from the payee within 14 days from the date of the order or other authority for payment, effect such payment by delivery of the direction for payment to the payee at the accountant’s office upon production to the accountant of evidence of the identity of the payee sufficient to satisfy the accountant;

(b) where a request has not been received by him in accordance with paragraph (a) hereof, the accountant may effect such payment (i) by transfer to an account in the name of the payee specified in writing by the payee, (ii) by post, to an address specified in writing by the payee;

(c) where a power of attorney executed by the payee and attested, is sent or delivered to the accountant, he may deliver the direction for payment to the attorney nominated by the power (i) in person, upon production to the accountant of evidence of the identity of the attorney sufficient to satisfy the accountant, (ii) by transfer to an account in the name of the attorney, as the attorney may, by request made in writing, require, or (iii) by post, to an address specified in writing by the attorney.

(3) (a) Where any payment has been authorised whether by order or otherwise, before directing such payment, the accountant may where he deems fit, require evidence of the identity of the payee sufficient to satisfy the accountant.

(b) Where the direction for payment is a draft, the same shall be payable to the payee, and crossed so as to be payable only through a banker.

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V. Audit of accounts

9. (1) On or before 31 January in each year the accountant shall prepare an account, in such form as may be prescribed by him with the approval of the President of the Circuit Court, showing the total amount of funds paid or transferred into and out of court in the year ended 30 September then last year past and the balance of funds in court at the commencement and close of such year.

(2) The accountant shall, not later than 31 January in each year, arrange for an audit of the account referred to in sub-rule (1) hereof to be carried out by an independent auditor not later than 31 March in each year immediately following the year to which the account relates.

(3) Copies of the said account, audited in accordance with sub-rule (2) hereof, shall be forwarded to the Minister for Justice, Equality and Law Reform and the Minister for Finance.

[SI 525/05]

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