Part 8Attachment of money

Money attachment

I1175Meaning of “money” and related expressions

1

In this Part—

  • cash” means coins and banknotes in any currency;

  • banking instrument” means—

    1. a

      cheques and other instruments to which section 4 of the Cheques Act 1957 (c. 36) applies;

    2. b

      any document (other than one mentioned in section 4(2)(c) of that Act) issued by a public officer which is intended to enable a person to obtain payment from a government department of the sum mentioned in it;

    3. c

      promissory notes (other than banknotes);

    4. d

      other negotiable instruments; and

    5. e

      money orders and postal orders; and

  • money” means cash and banking instruments but does not include any cash or instrument which has an intrinsic value greater than any value it may have as a medium of exchange; and any reference to the value of money is, unless the context otherwise requires, a reference to—

    1. a

      the amount of cash;

    2. b

      where that cash is in a currency other than sterling, the amount in sterling which that cash would realise on its conversion under section 177(3) of this Act;

    3. c

      the amount in cash which would be obtained were the value of a banking instrument realised; and

    4. d

      in the case where money comprises both cash and instruments, the aggregate of the amounts referred to in, as the case may be, paragraphs (a) to (c) above.

2

In the definition of “banking instrument” in subsection (1) above, “government department” includes—

a

any Minister of the Crown;

b

any part of the Scottish Administration;

c

the National Assembly for Wales;

d

the Northern Ireland Assembly, any Northern Ireland Minister or Northern Ireland junior Minister and any Northern Ireland department.

3

The Scottish Ministers may by order modify the definition of “banking instrument” in subsection (1) above so as to—

a

add or remove types of instrument to or, as the case may be, from those referred to in that definition; or

b

vary the descriptions of the types of instrument so referred to.