Citation and commencement

1. This Order may be cited as the Immigration Act 2014 (Bank Accounts) (Prohibition on Opening Current Accounts for Disqualified Persons) Order 2014 and comes into force on 12th December 2014.

Prohibition on opening current accounts for disqualified persons

2. The prohibition in section 40(1) of the Immigration Act 2014 does not apply in the case of an account to be operated (or an account that is operated) by or for a person or body other than—

(a) a charity;

(b) a consumer; or

(c) a micro-enterprise.

3. In article 2 of this Order—

(a) “charity” means a body whose annual income is less than £1 million and is any of the following—

(i) in England and Wales, a charity as defined by section 1(1) of the Charities Act 2011( 2 );

(ii) in Scotland, a charity as defined by section 106 of the Charities and Trustee Investment (Scotland) Act 2005( 3 );

(iii) in Northern Ireland, a charity as defined by section 1(1) of the Charities Act (Northern Ireland) 2008( 4 );

(b) “consumer” means an individual who, with respect to an account to be or being operated by or for them, is acting for purposes other than a trade, business or profession;

(c) “micro-enterprise” means an enterprise as defined in Article 1 and Article 2(1) and (3) of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises( 5 ).