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Consigned Funds

The Court of Session Consignation (Scotland) Act 1895 made the Accountant of Court custodian for all consigned funds for the Court of Session. The Accountant of Court is also responsible for holding unclaimed dividends and unapplied balances lodged relative to liquidation/administration proceedings, dissenting shareholders and judicial factories.


Authority

In terms of a Practice Note issued by the Lord President on 30 May 1996 “all moneys consigned under orders of court, or otherwise, in the name of the Accountant of Court shall be placed on a special deposit account, which will be held solely by The Royal Bank of Scotland plc, …….......………………..”. Whilst the Practice Note states that “moneys may be lodged (a) at the branch concerned, (b) at any bank or branch and transferred through the bank’s credit transfer system, or (in exceptional circumstances) (c) with the Account of Court”.  In fact the Royal Bank of Scotland will only allow funds to be lodged at their Office in Bolton (see procedure below).


Circumstances where funds may require to be consigned:

•           By direction of an interlocutor of the Court of Session,

•           By the Liquidator of a dissolved company in respect of unclaimed dividends and balances,

•           Funds due to dissenting shareholders,  

•           By a Judicial Factor in respect of unapplied balances,

•           At the discretion of the Accountant of Court.

 

How to consign Funds with the Accountant of Court

Although the Lord President’s Practice Note states that funds to be consigned may be lodged at any branch of the Royal Bank of Scotland, the bank will only allow the special deposit accounts to be opened with The Royal Bank of Scotland , Corporate & Private Banking, Bolton.


Procedure from 1st July 2017

The cheque representing the consigned amount requires to be sent directly to the Accountant of Court, made payable to “the Accountant of Court” along with a copy of the relevant court interlocutor/Notice of Appointment, e.g. confirming the appointment of the liquidator/administrator, giving authority to consign funds.  (Please note: The Bank will not open a special deposit account in the name of the Accountant of Court without this documentation).

The person or firm consigning the funds should also provide:

•           A copy of the relevant court interlocutor/notice of appointment  

•           A beneficiary list (if applicable) detailing their name, most recent known address and amount due
            to each person/company. 

•         A cheque for the statutory fee (£33 from 01/04/17) made payable to “Scottish Courts and 
          Tribunals Service”.   (It should be noted that the Accountant of Court will ONLY process the fee
          once the Bank has confirmed the deposit).

* Please note - If the statutory fee is to be deducted from the total sum consigned the Accountant of Court we will require a beneficiary list which clearly shows how the fee has been apportioned between each party.

The bank will issue an opening statement to the Accountant of Court. If the consignation relates to a court interlocutor the Accountant of Court will advise the Deputy Principal Clerk of Session that the funds have been lodged.


Interest on Funds Lodged

The Royal Bank of Scotland pays interest at a fixed rate of 0.13%.


Upliftment of Funds

Where the funds have been lodged in compliance with a direction of the court an application to the court for release of all or part of the funds (including interest if applicable) should be made by motion.   The Court of Session will require a tax clearance certificate from the Inland Revenue before the interlocutor authorising upliftment of the funds is issued. (8.1 of the rules of the Court of Session 1994). Please do not contact the Accountant of Court’s office as the certificate is a Court required document which the Accountant of Court does not issue.  Please see the FAQ for more information. 

The interlocutor should state clearly to whom the funds should be released and whether interest is to be included.   On production of a certified copy interlocutor the Accountant of Court will uplift the funds from the bank and issue a cheque to the party named in the interlocutor (or someone mandated to act on their behalf) under deduction of the applicable statutory upliftment fee.   Please see the Table of Fees below.

Where the funds have been consigned by a Liquidator or Judicial Factor the funds may be released to a beneficiary (or someone mandated to act on their behalf) under deduction of the applicable statutory  upliftment fee on written application to the Accountant of Court.   If the entitled party is deceased the amount due may be paid to the executor on production of the Confirmation.




Fees from 1st April  (01/04/17)

Producing or delivering up consignation, based on consignation value —   

(a) consignation value £0 - £50 and less than 7 years since lodged              = Nil

(b) consignation value over £51 and less than 7 years since lodged             = £33

(c) consignation value £0 - £70 and over 7 years since lodged                     = Nil

(d) consignation value over £71 and over 7 years since lodged                    = £54

Please refer to the following schedule for the period covering 2017:

http://www.legislation.gov.uk/ssi/2015/261/schedule/3/made 

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Contact Details

Accountant of Court Funds
Administration Team
Hadrian House
Callendar Business Park
Callendar Road
Falkirk FK1 1XR LP – 17 Falkirk  
Tel:      01324 677742
Fax:     01324 678365
Email: funds@scotcourts.gov.uk  

Court of Session
Parliament House
Parliament Square
Edinburgh
EH1 1RQ DX: 549306
Edinburgh 36
Tel: 0131-225-2595
Fax: 0131-240-6711
Email: supreme.courts@scotcourts.gov.uk
     
Inland Revenue Enforcement Section
Elgin House
20 Haymarket Yards
Edinburgh EH12 5WT  
Tel: 03000 561 590

The Royal Bank of Scotland
Scotland Specialist Operations
Scotland Corporate Service Centre
PO Box 17256
1 Redheughs Avenue
Edinburgh EH12 9JN

Contact the Accountant of Court