
1 

(1) This Order may be cited as the Deregulation (Bills of Exchange) Order 1996.
(2) This Order shall come into force on the day after the day on which it is made.
2 
In this Order “the 1882 Act” means the Bills of Exchange Act 1882.
3 
After section 74 of the 1882 Act there shall be inserted the following section—“
74A 

 Where the banker on whom a cheque is drawn—
(a) has by notice published in the London, Edinburgh and Belfast Gazettes specified an address at which cheques drawn on him may be presented, and
(b) has not by notice so published cancelled the specification of that address,the cheque is also presented at the proper place if it is presented there.”.
4 

(1) After section 74A of the 1882 Act (as inserted by Article 3 of this Order) there shall be inserted the following sections—“
74B 

(1) A banker may present a cheque for payment to the banker on whom it is drawn by notifying him of its essential features by electronic means or otherwise, instead of by presenting the cheque itself.
(2) If a cheque is presented for payment under this section, presentment need not be made at the proper place or at a reasonable hour on a business day.
(3) If, before the close of business on the next business day following presentment of a cheque under this section, the banker on whom the cheque is drawn requests the banker by whom the cheque was presented to present the cheque itself—
(a) the presentment under this section shall be disregarded, and
(b) this section shall not apply in relation to the subsequent presentment of the cheque.
(4) A request under subsection (3) above for the presentment of a cheque shall not constitute dishonour of the cheque by non-payment.
(5) Where presentment of a cheque is made under this section, the banker who presented the cheque and the banker on whom it is drawn shall be subject to the same duties in relation to the collection and payment of the cheque as if the cheque itself had been presented for payment.
(6) For the purposes of this section, the essential features of a cheque are—
(a) the serial number of the cheque,
(b) the code which identifies the banker on whom the cheque is drawn,
(c) the account number of the drawer of the cheque, and
(d) the amount of the cheque is entered by the drawer of the cheque.
74C 
Section 52(4) above—
(a) so far as relating to presenting a bill for payment, shall not apply to presenting a cheque for payment under section 74B above, and
(b) so far as relating to a bill which is paid, shall not apply to a cheque which is paid following presentment under that section.”
(2) This Article has effect in relation to cheques drawn on or after the day on which this Order comes into force.
5 
In section 3 of the Cheques Act 1957 (unindorsed cheques as evidence of payment) the existing provision shall become subsection (1) and after that subsection there shall be inserted the following subsection—“
(2) For the purposes of subsection (1) above, a copy of a cheque to which that subsection applies is evidence of the cheque if—
(a) the copy is made by the banker in whose possession the cheque is after presentment and,
(b) it is certified by him to be a true copy of the original.”.
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 1996