85. Deposits

(1) A Deposit is a sum of money paid on terms —
(a) under which it will be repaid, with or without interest or a premium, and either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person receiving it; and
(b) which is not referable to the provision of property (other than currency) or services or the giving of security.
(2) Money is paid on terms which are referable to the provision of property or services or the giving of security if —
(a) it is paid by way of advance or part payment under a contract for the sale, hire or other provision of property or services, and is repayable only in the event that the property or services are not in fact sold, hired or otherwise provided;
(b) it is paid by way of security for the performance of a contract or by way of security in respect of loss which may result from the non-performance of a contract; or
(c) without prejudice to sub-paragraph (b), it is paid by way of security for the delivery up of property, whether in a particular state of repair or otherwise.