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Paragraph 6 Money received by administratorI1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

All money received by an administrator in the exercise of his functions must be deposited by him, in the name (unless vested in the administrator by virtue of paragraph 5(4)) of the holder of the property realised, in F1a bank or building society.

(2)

But the administrator may at any time retain in his hands a sum not exceeding £200 or such other sum as may be prescribed by the Scottish Ministers by regulations.

F2(3)

In sub-paragraph (1)—

(a)

“bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom;

(b)

“building society” has the same meaning as in the Building Societies Act 1986.

(4)

In sub-paragraph (3)(a) “authorised deposit-taker” means—

(a)

a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

(b)

a person who—

(i)

is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

(ii)

accepts deposits;

F3(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

A reference in sub-paragraph (4) to a person F4... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

Annotations

Textual amendments

F1

Words in Sch. 3 para. 6(1) substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 30(2), 58(2)(6); S.S.I. 2017/456, reg. 2(b)

F2

Sch. 3 para. 6(3)-(5) substituted for Sch. 3 para. 6(3) (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 30(3), 58(2)(6); S.S.I. 2017/456, reg. 2(b)

F3

Sch. 3 para. 6(4)(c) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 107(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in Sch. 3 para. 6(5) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 107(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Sch. 3 para. 6 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)