United Kingdom Statutory Instruments

" "Deputy" means, in relation to a person who lacks capacity, a person–

(i) appointed by the Court under section 16(2)(b) of the 2005 Act to make decisions on that person's behalf; or

(j) deemed to be so appointed by virtue of paragraph 1 of Schedule 5 to that Act (existing receivers);";

(i) the word "deputy" is to be construed as a reference to those deputies acting jointly if and to the extent that joint action is required by the terms of their appointment; and

(ii) any rule permitting the Accountant General to refuse to–


(a) follow a direction given by; or

(b) undertake any other act at the request of,



a deputy includes a power, where more than one deputy has been appointed, to refuse to do so on the grounds that while the terms of appointment require the deputies to act jointly, the direction or request was not jointly made."

(i) a lodgment schedule;

(ii) where a deputy has not been appointed in relation to Person B, and the funds are required to be lodged by Person A by court order, a copy of that order;

(iii) where, prior to 1st October 2007, Person A had been appointed as Person B's receiver under Part VII of the Mental Health Act 1983 (as that part was in force immediately prior to that date), a copy of the order of the Court of Protection by which Person A was so appointed; or

(iv) a copy of the order of the Court of Protection appointing Person A as Person B's deputy.".

(i) a lodgment schedule;

(ii) where a deputy has not been appointed in relation to Person B, and the funds are required to be lodged by Person A by court order, a copy of that order;

(iii) where, prior to 1st October 2007, Person A had been appointed as Person B's receiver under Part VII of the Mental Health Act 1983 (as that part was in force immediately prior to that date), a copy of the order of the Court of Protection by which Person A was so appointed; or

(iv) a copy of the order of the Court of Protection appointing Person A as Person B's deputy.".

(i) as the court may direct;

(ii) if a deputy has been appointed to make decisions in relation to that money on behalf of a person who lacks capacity, as the deputy may in writing direct; or

(iii) if the deputy has appointed an investment manager, as the investment manager may in writing direct.

    (6) If a deputy decides to appoint an investment manager for the purposes of this rule, he must send in writing to the Accountant General—

(i) contact details of the investment manager; and

(ii) authority for the investment manager to give directions for the investment of the funds held in court.

    (7) The Accountant General may refuse to comply with a direction made under paragraph (5), if—

(i) in relation to a direction given by a deputy, it appears to him that the direction is not within the powers conferred on the deputy by the terms of his appointment;

(ii) in relation to an investment manager, it appears to him that–


(a) it was not within the powers of the deputy to appoint an investment manager;

(b) the deputy has not complied with paragraph (5); or

(c) it was not within the powers of the investment manager to give that direction; or



(iii) the court has made a contrary direction,

or for another good reason.".

(i) the Bankers' Automated Clearing System to a bank in the United Kingdom; or

(ii) international money transfer to a bank outside the United Kingdom,

for the credit of the account of the payee at that bank.";

(i) the Bankers' Automated Clearing System (if the account is held at a bank in the United Kingdom); or

(ii) international money transfer (if the account is held at a bank outside the United Kingdom),

for the credit of the account of the payee at that bank.

    (5A) The request for payment referred to in paragraph (5) must be accompanied by—

(i) an office copy of that power of attorney showing that it has been registered as required by the relevant Act in the case of–


(a) a lasting power of attorney made under section 9 of the 2005 Act; or

(b) an enduring power of attorney (as defined in paragraph 2 of Schedule 4 to the 2005 Act) made before 1st October 2007 which was registered–


(aa) before that date under the Enduring Powers of Attorney Act 1985 (as that Act was in force immediately prior to that date); or

(ab) on or after that date under the 2005 Act; and



(ii) in all other cases, a copy of the power of attorney by which the donee was appointed, certified in accordance with the provisions of section 3 of the Powers of Attorney Act 1971.

    (5B) The Accountant General may refuse to make the payment referred to in paragraph (5) if—

(i) the requirements of paragraph (5A) have not been met; or

(ii) he considers that the request for payment is not within the powers conferred on the donee by the power of attorney.";

(c) for paragraph (7)(i) substitute–

" (i) the payee does not have an account which is suitable for the receipt of funds–


(a) (in respect of an account held at a bank in the United Kingdom) by Bankers' Automated Clearing System; or

(b) (in respect of an account held at a bank outside the United Kingdom) by international money transfer; or"; and

(d) in paragraph (9)(ii), after the words "Bankers' Automated Clearing System", insert "or international money transfer".

(a) pay the money to the person's deputy; or

(b) carry it over to such account as that court may direct."

(i) who immediately prior to his death was entitled to a fund in court in his own right;

(ii) in respect of whom–


(a) a deputy had been appointed; or

(b) where the person died before 1st October 2007, a receiver had been appointed under Part VII of the Mental Health Act 1983 (as that Act was in force immediately prior to that date); and



(iii) in respect of whose estate no grant of probate or administration has been issued.

    (2) On the written request of the person who—

(i) is the executor of the deceased's will; or

(ii) if the deceased died intestate, arranged the deceased's funeral,

the Accountant General may, on receipt of an invoice issued by funeral directors, pay direct to those directors such amounts as have been reasonably incurred for the purposes of arranging and conducting the deceased's funeral.

    (3) The Accountant General may, if he thinks fit, refuse to make the payment referred to in paragraph (2) in any individual case if—

(i) he has not received the invoice referred to in that paragraph;

(ii) the person requesting such payment fails to provide him with sufficient evidence as to his entitlement to make the request; or

(iii) the fund in court to which the deceased was entitled is insufficient to meet the cost of arranging and conducting the funeral,

" (iii) to a bank outside the United Kingdom by means of international money transfer for the credit of the account of the claimant at that bank,";

(d) in paragraph (2A), for the words "sub-paragraph (ii)", substitute "sub-paragraphs (ii) or (iii)";

(e) for paragraph (2B)(i), substitute–

" (i) the claimant does not have an account which is suitable for the receipt of funds–


(a) in respect of an account held at a bank in the United Kingdom, by Bankers' Automated Clearing System; or

(b) in respect of an account held at a bank outside the United Kingdom, by international money transfer; or";

(f) in paragraph (2C), after the words "Bankers Automated Clearing System", insert "or international money transfer"; and

(g) in paragraph (4)(iii), for the words "child or patient" substitute "person under a disability".