PART 2Amendments to primary legislation
Overdrafts etcI119
1
Section 189 (definitions)7, is amended as follows.
2
In subsection (1) after the definition of “associate” insert—
“authorised business overdraft agreement” means a debtor-creditor agreement which provides authorisation in advance for the debtor to overdraw on a current account, where the agreement is entered into by the debtor wholly or predominantly for the purposes of the debtor’s business (see subsection (2A));
“authorised non-business overdraft agreement” means a debtor-creditor agreement which provides authorisation in advance for the debtor to overdraw on a current account where—
- a
the credit must be repaid on demand or within three months, and
- b
the agreement is not entered into by the debtor wholly or predominantly for the purposes of the debtor’s business (see subsection (2A));
3
After subsection (2) insert—
2A
For the purpose of the definitions of “authorised business overdraft agreement” and “authorised non-business overdraft agreement” subsections (2) to (5) of section 16B (declaration by the debtor as to the purposes of the agreement) apply.