51.13.—(1) No decree for payment out of the fund in medio, whether consigned into court or not, following an order for ranking (whether for aught yet seen or otherwise) shall be made until–
(a)all accounts of expenses found payable out of the fund in medio have been taxed and the report of the Auditor on those accounts [F1has] been approved; and
(b)the certificate referred to in rule 8.1(1)(b) (Inland Revenue certificate of taxes or duties paid) has been lodged.
(2) Where the fund in medio has been consigned into court, any decree for payment out of the fund shall include–
(a)warrant to the bank, on production of a certified copy of the interlocutor granting decree, to pay to each party the sums for which he has been ranked; and
(b)warrant to the Accountant of Court, on production of a certified copy of the interlocutor granting decree, to endorse and deliver the consignation receipt to the bank in order that the payments may be made.
Textual Amendments
F1Word in Sch. 2 rule 51.13(1)(a) substituted (5.12.1994) by Act of Sederunt (Rules of the Court of Session 1994 Amendment No.3) (Miscellaneous) 1994 (S.I. 1994/2901), paras. 1(1), 2(15)
Commencement Information
I1Sch. 2 rule 51.13 in force at 5.9.1994, see para. 1(1)