STATUTORY INSTRUMENTS

S.I. No. 268 of 2001

Rules of the Superior Courts (No. 1) (Amendment to Order 77), 2001

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S.I. No. 268 of 2001

RULES OF THE SUPERIOR COURTS (NO. 1)

(AMENDMENT TO ORDER 77), 2001

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 18th day of January, 2001

I concur in the making of the annexed Rules of Court

S.I. No. 268 of 2001

RULES OF THE SUPERIOR COURTS (NO. 1)

(AMENDMENT TO ORDER 77), 2001

1.       Rule 43(1) and (2) of Order 77 of the Rules of the Superior Courts shall be deleted and the following rule 43 shall be substituted therefor:-

“43.   (1)     When money in Court is directed or required to be invested such investment shall, subject to subrule (2) hereof, be held in the name of the Accountant.

(2)     When money in court is directed or required to be invested, such investment may:

(i)      in the case of funds in Court standing to the credit of a ward of Court:

(a)      be held in the name of such nominee or nominees as the Accountant may, with the approval of the Court, specify; or

(b)      where the Court has authorised the Registrar of Wards of Court to give directions as to investment, be held in the name of such nominee or nominees as the Registrar of Wards of Court may specify;

(ii)      in any other case be held in the name of such nominee or nominees as the Accountant may, with the approval of the 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.”

2.       This rule shall come into operation on the 16th day of July, 2001.

3.       This rule shall be construed together with the Rules of the Superior Courts, 1986 to 2000 and may be cited as the Rules of the Superior Courts (No. 1) (Amendment to Order 77), 2001.

Explanatory Note:

This note is not part of the instrument and does not purport to be a legal interpretation.

This Rule amends Order 77 rule 43(1) and (2) of the Rules of the Superior Courts.