PART II SPECIFIED ACTIVITIES

Chapter IIAccepting Deposits

Exclusions

Sums paid by certain persons6

1

A sum is not a deposit for the purposes of article 5 if it is—

a

paid by any of the following persons—

i

the Bank of EnglandF2...;

ii

an authorised person who has permission to accept deposits, or to effect or carry out contracts of insurance;

F3iii

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

F1iv

National Savings and Investments;

v

a municipal bank, that is to say a company which was, immediately before the coming into force of this article, exempt from the prohibition in section 3 of the Banking Act 1987 M1 by virtue of section 4(1) of, and paragraph 4 of Schedule 2 to, that Act;

vi

Keesler Federal Credit Union;

vii

a body of persons certified as a school bank by the National Savings Bank or by an authorised person who has permission to accept deposits;

viii

a local authority;

xi

any body which by virtue of any enactment has power to issue a precept to a local authority in England and Wales or a requisition to a local authority in Scotland, or to the expenses of which, by virtue of any enactment, a local authority in the United Kingdom is or can be required to contribute (and in this paragraph, “enactment" includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament);

F4x

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

xi

the European Investment Bank;

xii

the International Bank for Reconstruction and Development;

xiii

the International Finance Corporation;

xiv

the International Monetary Fund;

xv

the African Development Bank;

xvi

the Asian Development Bank;

xvii

the Caribbean Development Bank;

xviii

the Inter-American Development Bank;

xix

the European Bank for Reconstruction and Development;

F5xx

the Council of Europe Development Bank;

b

paid by a person other than one mentioned in sub-paragraph (a) in the course of carrying on a business consisting wholly or to a significant extent of lending money;

c

paid by one company to another at a time when both are members of the same group or when the same individual is a majority shareholder controller of both of them; or

d

paid by a person who, at the time when it is paid, is a close relative of the person receiving it or who is, or is a close relative of, a director or manager of that person or who is, or is a close relative of, a controller of that person.

2

For the purposes of paragraph (1)(c), an individual is a majority shareholder controller of a company if he is a controller of the company by virtue of paragraph (a), (c), (e) or (g) of section 422(2) of the Act, and if in his case the greatest percentage of those referred to in those paragraphs is 50 or more.

3

In the application of sub-paragraph (d) of paragraph (1) to a sum paid by a partnership, that sub-paragraph is to have effect as if, for the reference to the person paying the sum, there were substituted a reference to each of the partners.