Building and Construction Industry Security of Payment Act 2004 · 2020 Revised Edition · Part 6 · General Provisions Relating to Adjudication
28A. Authorised nominating body to maintain trust account
Feedback & supportLast amended by an amending law of 2021. 2 amendments in all.
An authorised nominating body must open and maintain a trust account with a bank for the purpose of holding the adjudicated amount mentioned in section 18(3).
An authorised nominating body must not withdraw any money from a trust account except for the purpose of subsection (3) or making a payment under section 22(3).
All interest earned from the maintenance of adjudicated amounts received in a trust account accrue to the authorised nominating body, which may dispose of the interest in such manner as the authorised nominating body considers fit.
Money held in a trust account is not available for payment of the debts of an authorised nominating body or liable to be paid or taken under or pursuant to an enforcement order or process of a court.
Nothing in subsection (4) takes away or affects any lawful claim that a claimant or a respondent has against money held in a trust account.
claimant
“claimant” means a person who is or claims to be entitled to a progress payment under section 5;
In this section —
“bank” has the meaning given by the Banking Act 1970;
“trust account” means a current or deposit account maintained in the name of the authorised nominating body at a bank, in the title of which the words “BCISOPA ANB — Adjudicated Amount Client Account” appear.
adjudicated amount
“adjudicated amount” means the amount of a progress payment that is determined to be payable under section 17 or 19, as the case may be;