Section 89B Instruments to which section 89A appliesF1

(1)

Subject to subsection (2), section 89A applies to—

(a)

a cheque, or

(b)

any other bill of exchange or any promissory note or other instrument—

(i)

which appears to be intended by the person creating it to enable a person to obtain payment from a banker indicated in it of the sum so mentioned,

(ii)

payment of which requires the instrument to be presented, and

(iii)

which, but for section 89A, could not be presented otherwise than by presenting the physical instrument.

(2)

Section 89A does not apply to any banknote (within the meaning given in section 208 of the Banking Act 2009) F2or to anything that is an electronic trade document for the purposes of the Electronic Trade Documents Act 2023 (see section 2 of that Act).

(3)

The reference in subsection (1) to the person creating an instrument is—

(a)

in the case of a bill of exchange, a reference to the drawer;

(b)

in the case of a promissory note, a reference to the maker.

(4)

For the purposes of subsection (1)(b)(i) an indication may be by code or number and need not indicate that payment is intended to be obtained from the banker.

Annotations

Textual amendments

F1: Pt. 4A inserted (26.3.2015, 31.7.2016 in so far as not already in force) by Small Business, Enterprise and Employment Act 2015 (c. 26), ss. 13(2), 164(4)
F2: Words in s. 89B(2) inserted (20.9.2023) by Electronic Trade Documents Act 2023 (c. 38), ss. 7(1), 8(2)