Public Authorities (Fraud, Error and Recovery) Act 2025
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Change 1
26 Restrictions on accounts: banks
(1) Where a notice under section 21(1) (a “pre-deduction notice”) relating to a proposed lump sum direct deduction order, or a lump sum direct deduction order under section 17, is given to a bank in relation to a liable person’s account, the bank must— (a) secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the account falling below the specified amount, or, if the amount in the account is already below that amount, falling any further, or (b) take the action set out in subsection (2). (2) The action is to— (a) transfer the specified amount, or the amount in the account if that is less than the specified amount, from the account into a different account (a “hold account”) created by the bank for the sole purpose of holding that transferred amount, and (b) secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the hold account falling below the amount transferred. (3) Where a bank takes the action set out in subsection (2) in relation to a lump sum direct deduction order, the order is to be read as if it required the deduction to be made from the hold account. (4) A bank must ensure that taking the action set out in subsection (2) does not cause any disadvantage to the liable person, and in the case of a joint account, any other account holder, that the liable person, and any other account holder, would not have experienced if the bank had instead acted in accordance with subsection (1)(a). (5) The requirements in subsection (1) cease to apply when— (a) in relation to a pre-deduction notice, a notice is given to the bank under section 21(8) (notice of decision not to make a direct deduction order), or a direct deduction order is given to the bank under section 17; (b) in relation to a direct deduction order— (i) all the deductions under the order have been made, or (ii) the order is revoked. (6) In subsections (1)(a) and (2)(a), “specified” means specified in a pre-deduction notice or direct deduction order.
26 Restrictions on accounts: banks
(1) Where a notice under section 21(1) (a “pre-deduction notice”) relating to a proposed lump sum direct deduction order, or a lump sum direct deduction order under section 17, is given to a bank in relation to a liable person’s account, the bank must— (a) secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the account falling below the specified amount, or, if the amount in the account is already below that amount, falling any further, or (b) take the action set out in subsection (2). (2) The action is to— (a) transfer the specified amount, or the amount in the account if that is less than the specified amount, from the account into a different account (a “hold account”) created by the bank for the sole purpose of holding that transferred amount, and (b) secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the hold account falling below the amount transferred. (3) Where a bank takes the action set out in subsection (2) in relation to a lump sum direct deduction order, the order is to be read as if it required the deduction to be made from the hold account. (4) A bank must ensure that taking the action set out in subsection (2) does not cause any disadvantage to the liable person, and in the case of a joint account, any other account holder, that the liable person, and any other account holder, would not have experienced if the bank had instead acted in accordance with subsection (1)(a). (5) The requirements in subsection (1) cease to apply when— (a) in relation to a pre-deduction notice, a notice is given to the bank under section 21(8) (notice of decision not to make a direct deduction order), or a direct deduction order is given to the bank under section 17; (b) in relation to a direct deduction order— (i) all the deductions under the order have been made, or (ii) the order is revoked. (6) In subsections (1)(a) and (2)(a), “specified” means specified in a pre-deduction notice or direct deduction order.
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