Courts and Civil Law (Miscellaneous Provisions) Act 2023

Amendment of section 33 of Act of 2004

52. Section 33 of the Act of 2004 is amended—

(a) by the substitution of the following definition for the definition of “accounts”:

“‘accounts’ means—

(a) the general cash account,

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

(c) the ledger account,

(d) the special account for small balances,

(e) the dormant account of the funds of suitors of the Circuit Court, and

(f) the dormant funds of suitors of the District Court;”,

(b) by the insertion of the following definitions:

“‘dormant account of the funds of suitors of the Circuit Court’ means the general ledger account for dormant balance maintained in accordance with Order 18 of the Circuit Court Rules, 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;

‘dormant funds of suitors of the District Court’ means any funds for the time being lodged in, or under the control of, the District Court in civil proceedings, pursuant to any order of the District Court or statute or the District Court Rules for the time being in force, where no transaction has been effected on that fund for a period of not less than 15 years ending on the relevant date;”,

and

(c) by the substitution of the following definition for the definition of “fully indemnified”:

“‘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—

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

(ii) the dormant account of the funds of suitors of the Circuit Court, or

(iii) the dormant funds of suitors of the District Court,

as the case may be, 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;”.