95Protection of authorised deposit-taking institutions from liability

95 Protection of authorised deposit-taking institutions from liability

95 Protection of authorised deposit-taking institutions from liability

(1) An authorised deposit-taking institution—

(a) does not incur liability, and is not obliged to make inquiries, in relation to any transaction concerning an account of a licensee kept with the institution or with some other financial institution, and

(b) is, in relation to any such transaction, taken not to have any knowledge of a right of any person to money credited to such an account,

unless it would incur such a liability, be obliged to make such inquiries or be taken to have that knowledge in relation to an account kept with it in respect of a person absolutely entitled to the money held in that account.

(2) This section does not relieve an authorised deposit-taking institution from any liability or obligation that it would have apart from this Act.

(3) An authorised deposit-taking institution at which a licensee keeps an account for clients’ money does not, as regards any liability that the licensee has to the institution (other than a liability relating to that account), have a right to any of the money held in that account, whether by way of set-off, counterclaim, charge or otherwise.