Bank of England Act 1946

SCHEDULES

Section 1.

FIRST SCHEDULE Incidental and Supplemental Provisions as to the Government Stock and Sums payable by the Bank to the Treasury

1 The principal of and interest on the Government stock, and any expenses incurred in connection with the issue or redemption thereof, shall be charged on and issued out of the Consolidated Fund of the United Kingdom or the growing produce thereof (hereafter in this Schedule referred to as " the Consolidated Fund ").

2 There shall be paid to the Bank and the Bank of Ireland out of the Consolidated Fund such sums in respect of the management in any financial year of the Government stock as may be agreed upon between the Treasury and those Banks respectively.

3 The interest on the Government stock shall be payable on the fifth day of April and the fifth day of October in each year.

4 A full half year's interest on the Government stock shall be payable on whichever of the dates mentioned in the last foregoing paragraph occurs first after the appointed day, and shall be deemed to have accrued from day to day during the six months preceding that date.

5 The interest on the Government stock shall be paid out of the permanent annual charge for the National Debt.

6 Section forty-seven of the [5 & 6 Geo. 6. c. 21.] Finance Act, 1942 (which empowers the Treasury to make regulations as respects the transfer and registration of stock and registered bonds of the descriptions specified in Part I of the Eleventh Schedule to that Act), and any regulations made thereunder which are in force immediately before the appointed day, shall have effect as if the Government stock were included among the stocks mentioned in the said Part I and among the stocks to which the said regulations apply.

7 Where immediately before the appointed day any dead person is registered in the books of the Bank as the holder or one of the joint holders of any Bank stock, any Government stock purporting to be issued to him, or to him and the other joint holders, shall be deemed to be duly issued to his personal representatives, or to the survivors or the personal representatives of the last survivor of the joint holders, as the case may be ; and, in the case of administrators, as well as in the case of executors, this paragraph shall have effect notwithstanding that there is no grant of representation to them until after the appointed day.

8 The Government stock issued in substitution for any Bank stock shall be held in the same rights and on the same trusts and subject to the same powers, privileges, provisions, charges, restraints and liabilities as those in, on or subject to which the Bank stock was held immediately before the appointed day, and so as to give effect to and not revoke any deed, will, order, mandate, notice or other instrument or testamentary or other disposition disposing of or affecting the Bank stock, and every such instrument or disposition shall take effect with reference to the whole or a proportionate part, as the case may be, of the substituted Government stock.

9 Trustees, executors and all other holders in any representative or fiduciary capacity of any Bank stock may hold, dispose of or otherwise deal with the Government stock issued in substitution therefor in all respects as they might have held, disposed of or otherwise dealt with the Bank stock.

10 Paragraphs 3, 4 and 5 of the Second Schedule to the [2 & 3 Geo. 6. c. 117.] National Loans Act, 1939 (which applies certain enactments to securities issued under that Act), shall have effect as if references to securities issued under that Act included references to the Government stock.

11 The Government stock shall be subject to the provisions of the [33 & 34 Vict. c. 71.] National Debt Act, 1870, so far as is consistent with the tenor of this Act.

12 The Treasury may, for the purpose of providing any sums required by them in order to redeem the Government stock in accordance with section one of this Act, raise money in any manner in which they are authorised to raise money under the National Loans Act, 1939, and any securities created and issued to raise money under thjs paragraph shall be deemed for all purposes to have been created and issued under that Act.

13 The sums paid by the Bank to the Treasury in lieu of dividends on Bank stock shall be paid into the Exchequer, and issued out of the Consolidated Fund at such times as the Treasury may direct, and applied by the Treasury to the payment of any interest which would apart from this paragraph have fallen to be paid out of the permanent annual charge for the National Debt.

14 In charging the profits and gains of the Bank for the purposes of income tax for any year of assessment, the sums paid by the Bank as aforesaid in that year shall be allowed as a deduction.

Section 2.

SECOND SCHEDULE Supplemental Provisions as to Court of Directors

1 The term of office of the Governor and of the Deputy Governor shall be five years.

2 The term of office of the directors shall be four years, and four of them shall retire each year on the anniversary of the appointed day:

Provided that, of the directors appointed to take office on the appointed day, four shall be appointed to hold office until the first anniversary of that day and shall then retire, four shall be appointed to hold office until the second anniversary of that day and shall then retire, and four shall be appointed to hold office until the third anniversary of that day and shall then retire.

3 A person who has held the office of Governor, Deputy Governor or director shall be eligible for re-appointment to that office or for appointment to any other of those offices.

4 A person shall be disqualified for holding the office of Governor, Deputy Governor or director if—

(a) he is a Member of the Commons House of Parliament or a Minister of the Crown, or a person serving in a Government Department in employment in respect of which remuneration is payable out of moneys provided by Parliament; or

(b) he is an alien within the meaning of the British Nationality and Status of Aliens Acts, 1914 to 1943 ; or

(c) he is subject to any disqualification which may be imposed by the charter of the Bank ;

and a person shall vacate any such office if he becomes subject to any such disqualification.

5 Where the office of a director is vacated under the foregoing paragraph, or by death or resignation, a person appointed to fill the vacancy, shall hold office until the time when the person in whose place he was appointed would regularly have retired, and shall then retire.

6 Not more than four of the directors may be employed to give their exclusive services to the Bank.

7 The following provisions shall have effect as respects any meeting of the court of directors held on or after the appointed day but before a charter making provision for the matters dealt with by this paragraph has been granted and accepted under this Act:—

(a) the meeting may be called by the Governor or Deputy Governor in such manner as he may determine ;

(b) a quorum shall consist of not less than eight directors together with the Governor or Deputy Governor ;

(c) when a quorum is present the court may act notwithstanding that a vacancy exists among the members of the court.

Section 3.

THIRD SCHEDULE Enactments Repealed

Session and Chapter.	Short title.	Extent of repeal.
5 & 6 W. & M. c. 20.	The Bank of England Act, 1694.	Section twenty-five.
8 & 9 Will. 3. c. 20	The Bank of England Act, 1696.	Sections thirty, thirty-two, forty-five and forty-nine.
7 Ann. c. 30.	The Bank of England Act, 1708.	Sections sixty, sixty-one, seventy and seventy-seven.
8 Ann. c. 1.	The Bank of England Act, 1709.	The whole Act.
3 Geo. 1. c. 8.	The Bank of England Act, 1716.	Section thirty-eight.
15 Geo. 2. c. 13.	The Bank of England Act, 1741.	In section eight, the words from " disabled " to " Parliament, or be ".
39 & 40 Geo. 3. c. 28.	The Bank of England Act, 1800.	In section thirteen the words from " and also subject " to the end of the section ; in section fifteen, the words from " subject to redemption " to " and not otherwise " ; section sixteen.
3 & 4 Will. 4. c. 98.	The Bank of England Act, 1833	In section one the words from " for the period " to the end of the section ; in section fourteen the words from " subject nevertheless " to the end of the section.
7 & 8 Vict. c. 32.	The Bank Charter Act, 1844.	Section twenty-seven except in so far as it authorises the redemption of the debt due from the public to the Bank of England.
33 & 34 Vict. c. 71.	The National Debt Act, 1870.	Section seventy-two.
55 & 56 Vict. c. 48.	The Bank Act, 1892	Subsection (1) of section seven.