Ulster Bank Act 1992

15 Application of Act

(1) This Act shall extend to Scotland.

(2) In the application of this Act to England and Wales—

(a) for the reference in subsection (2) of section 9 (Evidence: books and documents) of this Act to section 6 of the [1971 c. 36 (N.I.).] Civil Evidence Act (Northern Ireland) 1971 there shall be substituted reference to section 10 of the [1968 c. 64.] Civil Evidence Act 1968;

(b) the reference in subsection (2) of section 11 (Evidence of transfer and vesting) of this Act to the [1963 c. 24 (N.I.).] Stock Transfer Act (Northern Ireland) 1963 shall include a reference to the [1963 c. 18.] Stock Transfer Act 1963;

(c) for the reference in subsection (7) of section 11 (Evidence of transfer and vesting) of this Act to the Conveyancing Act 1881 there shall be substituted reference to the [1925 c. 20.] Law of Property Act 1925; and

(d) for paragraph (a) of section 12 (Transfer and vesting of interests in land) of this Act, there shall be substituted the following:—

“(a) constitute a purchase or creation of that interest for the purposes of section 30 (2) of the [1954 c. 56.] Landlord and Tenant Act 1954;”.

(3) In the application of this Act to Scotland the following provisions shall have effect:—

(a) In the construction of this Act—

• “assignment” includes an assignation;

• “bailee” includes a custodian or a holder on deposit or pledge and “contract of bailment” includes any other contract regulating custody of things;

• “convey” includes the execution of any deed or other instrument or document by which any property, or any estate, interest, security or other right in or over property, is constituted, completed, disponed, assigned, transmitted or discharged;

• “debenture” includes a floating charge or any instrument containing a floating charge;

• “freehold land” includes heritable property;

• “judgment” includes a decree;

• “judicial trustee” includes a judicial factor;

• “mortgage” includes a standard security, an assignation or disposition ex facie absolute and any agreement qualifying the same, a bond and disposition or assignation in security, a cash credit bond and disposition or assignation in security, an assignation in security and any real right or burden of whatever kind in the nature of a security; and

• “will” includes a trust disposition and settlement and any deed taking effect on the death of any person whereby any part of his estate is disposed of, or under which a succession thereto arises:

(b) All standard securities and cash credit bonds and dispositions or assignations in security expressed to be in favour of the Trust Company vested in the Bank by virtue of this Act shall, on and from the appointed day, have the same effect in favour of the Bank up to the maximum amounts stated therein respectively in all respects as if they had been originally granted in favour of the Bank for such maximum amounts:

(c) To enable the Bank to complete a title, if thought fit, to any property vested in it by virtue of this Act by notice of title or otherwise, or to deduce title, this Act shall be deemed to be, and may be used as, a general disposition, conveyance or, as the case may be, assignation of such property in favour of the Bank:

(d) For the reference in subsection (2) of section 9 (Evidence: books and documents) of this Act to section 6 of the [1971 c. 36 (N.I.).] Civil Evidence Act (Northern Ireland) 1971 there shall be substituted reference to section 17 of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968:

(e) In section 11 (Evidence of transfer and vesting) of this Act the reference in subsection (2) to the [1963 c. 24 (N.I.).] Stock Transfer Act (Northern Ireland) 1963 shall include a reference to the [1963 c. 18.] Stock Transfer Act 1963 and subsection (7) shall be omitted.