SCHEDULE 6 Consequential Amendments

Part I Enactments Amended

The Bankers’ Books Evidence Act 1879 (c. 11)

C11

For section 9 of the Bankers’ Books Evidence Act 1879 (meaning of “bank”, “banker”, and “bankers’ books” for the purposes of that Act) there shall be substituted the following section:—

9 Interpretation of “bank”, “banker”, and “bankers’ books”.

1

In this Act the expressions “bank” and “banker” mean—

a

a recognised bank, licensed institution or municipal bank, within the meaning of the Banking Act 1979;

b

a trustee savings bank within the meaning of section 3 of the Trustee Savings Banks Act 1969;

c

the National Savings Bank;

d

the Post Office, in the exercise of its power to provide banking services.

2

Expressions in this Act relating to “bankers’ books” include ledgers, day books, cash books, account books and other records used in the ordinary business of the bank, whether those records are in written form or are kept on microfilm, magnetic tape or any other form of mechanical or electronic data retreival mechanism.

Annotations:
Modifications etc. (not altering text)
C1

The text of ss. 38, 51(2), Sch. 6 Pt. I paras. 1–3, 9(a)(b) and 10(a)(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Agricultural Credits Act 1928 (c. 43)

C22

In subsection (7) of section 5 of the Agricultural Credits Act 1928 (agricultural charges on farming stock and assets) for the definition of “Bank” there shall be substituted the following definition:—

“Bank” means the Bank of England, a recognised bank or licensed institution within the meaning of the Banking Act 1979, a trustee savings bank within the meaning of section 3 of the Trustee Savings Banks Act 1969 or the Post Office, in the exercise of its powers to provide banking services

Annotations:
Modifications etc. (not altering text)
C2

The text of ss. 38, 51(2), Sch. 6 Pt. I paras. 1–3, 9(a)(b) and 10(a)(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Agricultural Credits (Scotland) Act 1929 (c. 13)

C33

In subsection (2) of section 9 of the Agricultural Credits (Scotland) Act 1929 (interpretation), for the definition of “Bank” there shall be substituted the following definition:—

“Bank” means the Bank of England, a recognised bank or licensed institution within the meaning of the Banking Act 1979, a trustee savings bank within the meaning of section 3 of the Trustee Savings Banks Act 1969 or the Post Office, in the exercise of its powers to provide banking services

Annotations:
Modifications etc. (not altering text)
C3

The text of ss. 38, 51(2), Sch. 6 Pt. I paras. 1–3, 9(a)(b) and 10(a)(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

The Solicitors Act 1974 (c. 47)

9

In subsection (1) of section 87 of the Solicitors Act 1974 (interpretation of expressions used in that Act), in the definition of “bank”—

C4a

in paragraph (a) after the word “England” there shall be inserted the words “the Post Office, in the exercise of its powers to provide banking services, or a recognised bank within the meaning of the Banking Act 1979”; and

C4b

in paragraph (b) for the words “a company as to which the Secretary of State is satisfied” there shall be substituted the words “ any othercompany as to which, immediately before the repeal of the Protection of Depositors Act 1963, the Secretary of State was satisfied ”;

and the expression “bank” in any instrument made under the said Act of 1974 which is in force immediately before the appointed day shall be construed accordingly.

Annotations:
Modifications etc. (not altering text)
C4

The text of ss. 38, 51(2), Sch. 6 Pt. I paras 1-3, 9(a)(b) and 10(a)(b) is in the form in which it was originally enacted; it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made made prior to 1.2.1991.

The Solicitors (Scotland) Act 1976 (c. 6)

10

In subsection (1) of section 5 of the Solicitors (Scotland) Act 1976 (extension of power of Council to make rules regarding certain accounts)—

C5a

after the words “National Savings Bank” there shall be inserted the words “ the Post Office, in the exercise of its powers to provide banking services, a recognised bank within the meaning of the Banking Act 1979 ”; and

C5b

for the words “company as to which the Secretary of State is satisfied” there shall be substituted the words “ other company as to which, immediately before the repeal of the Protection of Depositors Act 1963, the Secretary of State was satisfied ”;

and the expression “bank” in any instrument made under the said Act of 1976 or under the M1Solicitors (Scotland) Act 1949 which is in force immediately before the appointed day shall be construed accordingly.

Annotations:
Modifications etc. (not altering text)
C5

The text of ss. 58, 51(2), Sch. 6 Pt. I paras 1-3, 9(a)(b) and 10(a)(b) is in the form in which it was originally enacted; it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations
M1

1949 c. 63(76:2)

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Part II Savings

The Bankers’ Books Evidence Act 1879 (c. 11)

13

Nothing in paragraph 1 above shall affect the operation of the Bankers’ Books Evidence Act 1879 in relation to any entry in any banker’s book made, or relating to a transaction carried out,—

a

before the day appointed for the purposes of that paragraph; or

b

at a time when the bank or banker in question was permitted to accept deposits by virtue of subsection (4) of section 2 of this Act.

The Agricultural Credits Act 1928 (c. 43)

14

Nothing in paragraph 2 above shall affect the validity of, or the rights and obligations of the parties to, an agricultural charge within the meaning of the Agricultural Credits Act 1928 made before the day appointed for the purposes of that paragraph.

The Agricultural Credits (Scotland) Act 1929 (c. 13)

15

Nothing in paragraph 3 above shall affect the validity of, or the rights and obligations of the parties to, an agricultural charge within the meaning of the Agricultural Credits (Scotland) Act 1929 made before the day appointed for the purposes of that paragraph.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

19

The savings contained in this Part of this Schedule are without prejudice to section 16 of the M2Interpretion Act 1978 (general savings).