Civil Liability and Courts Act 2004

PART 3

Courts

Chapter 1

Funds of Suitors

Definitions.

33.—In this Chapter—

“accounts” means—

(a) the general cash account,

(b) the dormant account of the funds of suitors of the High Court,

(c) the ledger account, and

(d) the special account for small balances;

“Accountant” means the Accountant of the Courts of Justice as provided for in section 16 of the Court Officers Act 1926 ;

“dormant account of the funds of suitors of the High Court” means the general ledger account for dormant balance maintained in accordance with Order 77 of the Rules of the Superior Courts, containing the balances of funds standing to the credit of ledger accounts carried over to the said ledger account by the Accountant together with the interest and dividends accruing thereon;

“financial institution” means the person with which the accounts are maintained, being—

(a) a person in respect of whom a licence under section 9 of the Central Bank Act 1971 is in force, or

(b) a building society within the meaning of the Building Societies Act 1989 ;

“fully indemnified” means, in relation to a person—

(a) that, in the case of funds in the form of money, the person has been paid the amount standing to his or her credit on the date that the funds were paid into the dormant account of the funds of suitors of the High Court and any interest accruing from that date, and

(b) that, in the case of funds other than in the form of money, the person has been paid the amount standing to his or her credit on the date of their realisation and any interest accruing thereon from that date;

“general cash account” means the general cash account of the funds of suitors held with the financial institution in the name of the Accountant;

“ledger account” means an account opened in the name of the Accountant under—

(a) an order of the High Court or Supreme Court, or

(b) an Act of the Oireachtas,

into which any funds of suitors have been paid;

“small balances” means such moneys as, in accordance with rule 88 of Order 77 of the Rules of the Superior Courts, are carried over to the special account for small balances;

“special account for small balances” means the special account for small balances maintained for the purposes of the said rule 88.