Moved by
Lord Newby
8: Clause 13, page 13, line 22, after “to” insert “regulations under subsection (1A) and to”
9: Clause 13, page 13, line 22, at end insert—
“(1A) The Treasury may by regulations prescribe circumstances in which subsection (1) does not apply.
(1B) Regulations under subsection (1A) may in particular prescribe circumstances by reference to—
(a) descriptions of instrument;
(b) arrangements under which presentment is made;
(c) descriptions of persons by or to whom presentment is made;
(d) descriptions of persons receiving payment or on whose behalf payment is received.”
10: Clause 13, page 14, line 12, leave out “is” and insert “appears to be”
11: Clause 13, page 14, line 37, leave out second “banker” and insert “person”
12: Clause 13, page 14, line 37, at end insert—
“89CA Copies of instruments and evidence of payment
(1) The Treasury may by regulations make provision for—
(a) requiring a copy of an instrument paid as a result of presentment under section 89A to be provided, on request, to the creator of the instrument by the banker who paid the instrument;
(b) a copy of an instrument provided in accordance with the regulations to be evidence of receipt by a person identified in accordance with the regulations of the sum payable by the instrument.
(2) Regulations under subsection (1)(a) may in particular—
(a) prescribe the manner and form in which a copy is to be provided;
(b) require the copy to be certified to be a true copy of the electronic image provided to the banker making the payment on presentment under section 89A;
(c) provide for the copy to be accompanied by prescribed information;
(d) require any copy to be provided free of charge or permit charges to be made for the provision of copies in prescribed circumstances.
(3) The reference in subsection (1)(a) to the creator of the 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.”
13: Clause 13, page 14, line 43, leave out “subsection (1)” and insert “this section”
14: Clause 13, page 15, line 47, at end insert—
“89E Supplementary”
15: Clause 13, page 15, line 48, leave out “section” and insert “Part”
16: Clause 13, page 16, line 7, leave out “section” and insert “Part”
17: Clause 13, page 16, line 9, leave out from “containing” to “may” in line 10 and insert “—
(a) regulations under section 89A or 89CA, or
(b) the first regulations to be made under section 89D,”
18: Clause 13, page 16, line 12, leave out “this section” and insert “section 89D”
19: Clause 13, page 16, line 14, at end insert—
“(12) For the purposes of this Part, a banker collects payment of an instrument on behalf of a customer by—
(a) receiving payment of the instrument for the customer, or
(b) receiving payment of the instrument for the banker (but not as holder), having—
(i) credited the customer’s account with the amount of the instrument, or
(ii) otherwise given value to the customer in respect of the instrument.
(13) Section 89D(4) applies for the purposes of subsection (12) in its application to section 89D.””