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—
- a
cheques and other instruments to which section 4 of the Cheques Act 1957 (c. 36) applies;
- 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;
- c
promissory notes (other than banknotes);
- d
other negotiable instruments; and
- e
money orders and postal orders; and
- a
“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—
- a
the amount of cash;
- 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;
- c
the amount in cash which would be obtained were the value of a banking instrument realised; and
- 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.
- a
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.