8. Rule 18 of the principal Rules is amended —(a) | by deleting paragraph (1) and substituting the following paragraphs:“(1) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) or Y’s solicitor (referred to in paragraph (5) as the relevant solicitor) to pay the conveyancing money to a specified payee that purports to be a Category B payee —(a) | Y’s solicitor shall be entitled to request that X or X’s solicitor provide Y’s solicitor with such information and documents as may be necessary to enable Y’s solicitor to verify that the specified payee is a Category B payee; | (b) | X or X’s solicitor shall promptly furnish the information and documents to Y’s solicitor; | (c) | Y or Y’s solicitor, as the case may be, may refuse to pay the conveyancing money to the specified payee, and may instead pay the conveyancing money to X, if —(i) | X or X’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Y’s solicitor is not satisfied with the authenticity of any document furnished by X or X’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by X or X’s solicitor under sub‑paragraph (b) and the instruction of X or X’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by X or X’s solicitor under sub‑paragraph (b), as regards whether the specified payee is a Category B payee; or | (iv) | Y’s solicitor has any other reasonable grounds for such refusal; and |
| (d) | Y or Y’s solicitor, as the case may be, shall not refuse to pay the conveyancing money to the specified Category B payee unless sub‑paragraph (c) applies. |
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(1A) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) to pay the conveyancing money to a specified payee that purports to be a Category B payee —(a) | Y shall be entitled to request that X or X’s solicitor provide Y with such information and documents as may be necessary to enable Y to verify that the specified payee is a Category B payee; | (b) | X or X’s solicitor shall promptly furnish the information and documents to Y; | (c) | Y may refuse to pay the conveyancing money to the specified payee, and may instead pay the conveyancing money to X, if —(i) | X or X’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Y is not satisfied with the authenticity of any document furnished by X or X’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by X or X’s solicitor under sub‑paragraph (b) and the instruction of X or X’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by X or X’s solicitor under sub‑paragraph (b), as regards whether the specified payee is a Category B payee; or | (iv) | Y has any other reasonable grounds for such refusal; and |
| (d) | Y shall not refuse to pay the conveyancing money to the specified Category B payee unless sub‑paragraph (c) applies.”; |
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| (b) | by deleting paragraph (2) and substituting the following paragraphs:“(2) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) or Y’s solicitor (referred to in paragraph (5) as the relevant solicitor) to pay the conveyancing money to a specified Category C payee —(a) | Y’s solicitor shall be entitled to request that X or X’s solicitor provide Y’s solicitor with —(i) | a statutory declaration, or any other document, that specifies —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; and |
| (ii) | such other information and documents as may be necessary to enable Y’s solicitor to verify —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; |
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| (b) | X or X’s solicitor shall promptly furnish the information and documents (including the statutory declaration or document referred to in sub‑paragraph (a)(i)) to Y’s solicitor; | (c) | Y or Y’s solicitor, as the case may be, may refuse to pay the conveyancing money to the specified Category C payee, and may instead pay the conveyancing money to X, if —(i) | X or X’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Y’s solicitor is not satisfied with the authenticity of any document furnished by X or X’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by X or X’s solicitor under sub‑paragraph (b) and the instruction of X or X’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by X or X’s solicitor under sub‑paragraph (b), as regards —(A) | whether the conveyancing money is to be paid to the specified Category C payee; or | (B) | the amount of the conveyancing money that is to be paid; or |
| (iv) | Y’s solicitor has any other reasonable grounds for such refusal; and |
| (d) | Y or Y’s solicitor, as the case may be, shall not refuse to pay the conveyancing money to the specified Category C payee unless sub‑paragraph (c) applies. |
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(2A) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) to pay the conveyancing money to a specified Category C payee —(a) | Y shall be entitled to request that X or X’s solicitor provide Y with —(i) | a statutory declaration, or any other document, that specifies —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; and |
| (ii) | such other information and documents as may be necessary to enable Y to verify —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; |
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| (b) | X or X’s solicitor shall promptly furnish the information and documents (including the statutory declaration or document referred to in sub‑paragraph (a)(i)) to Y; | (c) | Y may refuse to pay the conveyancing money to the specified Category C payee, and may instead pay the conveyancing money to X, if —(i) | X or X’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Y is not satisfied with the authenticity of any document furnished by X or X’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by X or X’s solicitor under sub‑paragraph (b) and the instruction of X or X’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by X or X’s solicitor under sub‑paragraph (b), as regards —(A) | whether the conveyancing money is to be paid to the specified Category C payee; or | (B) | the amount of the conveyancing money that is to be paid; or |
| (iv) | Y has any other reasonable grounds for such refusal; and |
| (d) | Y shall not refuse to pay the conveyancing money to the specified Category C payee unless sub‑paragraph (c) applies.”; |
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| (c) | by deleting paragraph (3) and substituting the following paragraphs:“(3) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) or Y’s solicitor to pay the conveyancing money to a specified payee that purports to be a Category B payee, and Y or Y’s solicitor in turn instructs any other person (referred to in this paragraph as Z) or Z’s solicitor (referred to in paragraph (5) as the relevant solicitor) to pay the conveyancing money to that specified payee —(a) | Z’s solicitor shall be entitled to request that Y or Y’s solicitor provide Z’s solicitor with such information and documents as may be necessary to enable Z’s solicitor to verify that the specified payee is a Category B payee; | (b) | Y or Y’s solicitor shall promptly furnish the information and documents to Z’s solicitor; | (c) | Z or Z’s solicitor, as the case may be, may refuse to pay the conveyancing money to the specified payee, and may instead pay the conveyancing money to X, if —(i) | Y or Y’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Z’s solicitor is not satisfied with the authenticity of any document furnished by Y or Y’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by Y or Y’s solicitor under sub‑paragraph (b) and the instruction of Y or Y’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by Y or Y’s solicitor under sub‑paragraph (b), as regards whether the specified payee is a Category B payee; or | (iv) | Z’s solicitor has any other reasonable grounds for such refusal; and |
| (d) | Z or Z’s solicitor, as the case may be, shall not refuse to pay the conveyancing money to the specified Category B payee unless sub‑paragraph (c) applies. |
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(3A) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) or Y’s solicitor to pay the conveyancing money to a specified payee that purports to be a Category B payee, and Y or Y’s solicitor in turn instructs any other person (referred to in this paragraph as Z) to pay the conveyancing money to that specified payee —(a) | Z shall be entitled to request that Y or Y’s solicitor provide Z with such information and documents as may be necessary to enable Z to verify that the specified payee is a Category B payee; | (b) | Y or Y’s solicitor shall promptly furnish the information and documents to Z; | (c) | Z may refuse to pay the conveyancing money to the specified payee, and may instead pay the conveyancing money to X, if —(i) | Y or Y’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Z is not satisfied with the authenticity of any document furnished by Y or Y’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by Y or Y’s solicitor under sub‑paragraph (b) and the instruction of Y or Y’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by Y or Y’s solicitor under sub‑paragraph (b), as regards whether the specified payee is a Category B payee; or | (iv) | Z has any other reasonable grounds for such refusal; and |
| (d) | Z shall not refuse to pay the conveyancing money to the specified Category B payee unless sub‑paragraph (c) applies.”; and |
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| (d) | by deleting paragraph (4) and substituting the following paragraphs:“(4) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) or Y’s solicitor to pay the conveyancing money to a specified Category C payee, and Y or Y’s solicitor in turn instructs any other person (referred to in this paragraph as Z) or Z’s solicitor (referred to in paragraph (5) as the relevant solicitor) to pay the conveyancing money to that specified Category C payee —(a) | Z’s solicitor shall be entitled to request that Y or Y’s solicitor provide Z’s solicitor with —(i) | a statutory declaration, or any other document, that specifies —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; and |
| (ii) | such other information and documents as may be necessary to enable Z’s solicitor to verify —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; |
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| (b) | Y or Y’s solicitor shall promptly furnish the information and documents (including the statutory declaration or document referred to in sub‑paragraph (a)(i)) to Z’s solicitor; | (c) | Z or Z’s solicitor, as the case may be, may refuse to pay the conveyancing money to the specified Category C payee, and may instead pay the conveyancing money to X, if —(i) | Y or Y’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Z’s solicitor is not satisfied with the authenticity of any document furnished by Y or Y’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by Y or Y’s solicitor under sub‑paragraph (b) and the instruction of Y or Y’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by Y or Y’s solicitor under sub‑paragraph (b), as regards —(A) | whether the conveyancing money is to be paid to the specified Category C payee; or | (B) | the amount of the conveyancing money that is to be paid; or |
| (iv) | Z’s solicitor has any other reasonable grounds for such refusal; and |
| (d) | Z or Z’s solicitor, as the case may be, shall not refuse to pay the conveyancing money to the specified Category C payee unless sub‑paragraph (c) applies. |
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(4A) Where any party to a conveyancing transaction who is entitled to be paid any conveyancing money (referred to in this paragraph as X) or X’s solicitor instructs any other party to the transaction (referred to in this paragraph as Y) or Y’s solicitor to pay the conveyancing money to a specified Category C payee, and Y or Y’s solicitor in turn instructs any other person (referred to in this paragraph as Z) to pay the conveyancing money to that specified Category C payee —(a) | Z shall be entitled to request that Y or Y’s solicitor provide him with —(i) | a statutory declaration, or any other document, that specifies —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; and |
| (ii) | such other information and documents as may be necessary to enable Z to verify —(A) | that the conveyancing money is to be paid to the specified Category C payee; and | (B) | the amount of the conveyancing money that is to be paid; |
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| (b) | Y or Y’s solicitor shall promptly furnish the information and documents (including the statutory declaration or document referred to in sub‑paragraph (a)(i)) to Z; | (c) | Z may refuse to pay the conveyancing money to the specified Category C payee, and may instead pay the conveyancing money to X, if —(i) | Y or Y’s solicitor refuses or neglects to furnish any information or document under sub‑paragraph (b), after being requested to do so in accordance with sub‑paragraph (a); | (ii) | Z is not satisfied with the authenticity of any document furnished by Y or Y’s solicitor under sub‑paragraph (b); | (iii) | there is any material discrepancy between any information or document furnished by Y or Y’s solicitor under sub‑paragraph (b) and the instruction of Y or Y’s solicitor under this paragraph, or there is any material discrepancy in the information and documents furnished by Y or Y’s solicitor under sub‑paragraph (b), as regards —(A) | whether the conveyancing money is to be paid to the specified Category C payee; or | (B) | the amount of the conveyancing money that is to be paid; or |
| (iv) | Z has any other reasonable grounds for such refusal; and |
| (d) | Z shall not refuse to pay the conveyancing money to the specified Category C payee unless sub‑paragraph (c) applies.”. |
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