(1)An account is “dormant” at a particular time if—
(a)the account has been open throughout the period of 15 years ending at that time, but
(b)during that period no transactions have been carried out in relation to the account by or on the instructions of the holder of the account.
(2)But an account is to be treated as not dormant if at any time during that period—
(a)the bank or building society in question was under instructions from the holder of the account not to communicate with that person about the account, or
(b)under the terms of the account—
(i)withdrawals were prevented, or
(ii)there was a penalty or other disincentive for making withdrawals in all circumstances.
(3)For the purposes of subsection (1) an account is to be treated as remaining open where it is closed otherwise than on the instructions of the holder of the account.
(4)For the purposes of subsection (2)(b)(i) withdrawals are prevented if they are prevented except as permitted by provision made under subsection (4)(d) of section 3 of the Child Trust Funds Act 2004 (c. 6) (requirements to be satisfied by child trust funds).
(5)The Treasury may by order amend the figure in subsection (1)(a).
(6)An order under this section may not be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
Commencement Information
I1S. 10 in force at 12.3.2009 by S.I. 2009/490, art. 2