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Bankers’ Books Evidence Act 1879

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E+W+S+N.I.

Bankers’ Books Evidence Act 1879

1879 CHAPTER 11 42 and 43 Vict

An Act to amend the Law of Evidence with respect to Bankers’ Books.

[23rd May 1879]

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Modifications etc. (not altering text)

C4Act applied (19.12.1991) by Commercial and Private Bank Act 1991 (c. xxii), s. 10(1) (with ss. 13, 15).

C5Act applied (with modifications) (1.12.1992) by Ulster Bank Act 1992 (c. xiii), ss. 3,10

C6Act extended (29.3.1993) by 1993 c. iii, s. 9(1).

Act extended (E.W.N.I.) (27.7.1993) by 1993 c. xiv, s. 9(1).

Act extended (5.11.1993) by 1993 c. xvii, s. 13(2).

Act extended (5.11.1993) by 1993 c. xviii, s. 11(1).

Act applied by 1996 c. ii, ss. 5(2), 9(2)

Act applied by 1996 c. vii, ss. 3, 9(1) (with s. 16)

Act extended (1.4.1997) by S.I. 1997/172, art. 31

Act applied by 1998 c. v, ss. 3, 12(2)(3)

Act applied by 1999 c. iv, ss. 3, 11(2)(3)

Act applied (10.2.2000) by 2000 c. iii, s. 12(1) (with s. 16)

Act applied (22.3.2001) by 2001 c. i, s. 9(1) (with s. 13)

Act applied (4.12.2001) by 2001 c. v, s. 14(2)

Act applied (with modifications) (26.11.2001) by S.I. 2001/3755, regs. 23(4), Sch. 4 para. 13(5) (with regs. 39, 45)

Act extended (with effect as mentioned in s. 4(1) of the amending Act) by 2002 c. iii, s. 13(2)

Act applied (with effect as mentioned in s. 4(1)(d) of the amending Act) by 2002 c. iv, s. 12(2)

C8Act applied (with modifications) (1.7.2004) by The Government Stock Regulations 2004 (S.I. 2004/1611), regs. 1, 7(7) (with regs. 33, 35)

C9Act applied (with effect as mentioned in s. 9 of the amending Act) by HBOS Group Reorganisation Act 2006 (c. i), ss. 3, 20(2)

1 Short title.E+W+S+N.I.

This Act may be cited as the Bankers’ Books Evidence Act 1879.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S+N.I.

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Amendments (Textual)

3 Mode of proof of entries in bankers’ books. E+W+S+N.I.

Subject to the provisions of this Act, a copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded.

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Modifications etc. (not altering text)

4 Proof that book is a banker’s book. E+W+S+N.I.

A copy of an entry in a banker’s book shall not be received in evidence under this Act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course of business, and that the book is in the custody or control of the bank.

Such proof may be given by a partner or officer of the bank, and may be given orally or by an affidavit sworn before any commissioner or person authorised to take affidavits.

[F2Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices, this section shall have effect with the omission of the words “orally or”.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in s. 4 inserted (E.W.) (4.7.1996 with effect as mentioned in Sch. 1 Pt. II para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 15 (with s. 78(1)); S.I. 1997/683, art. 1

Modifications etc. (not altering text)

C13S. 4 modified (1.12.1992) by Ulster Bank Act 1992 (c. xiii), ss. 3, 10(2)

C14S. 4 modified (29.3.1993) by 1993 c. iii, s. 9(2).

s. 4 modified (E.W.N.I.) (27.7.1993) by 1993 c. xiv, s. 9(2).

s. 4 modified (5.11.1993) by 1993 c. xvii, s. 13(3).

s. 4 modified (5.11.1993) by 1993 c. xviii, s. 11(2).

S. 4 applied (with modifications) by 1996 c. ii, ss. 5(2), 9(3)

S. 4 applied (24.7.1996) by 1996 c. vii, s. 9(2) (with s. 16)

S. 4 modified (10.2.2000) by 2000 c. iii, s. 12(3) (with s. 16)

S. 4 modified (22.3.2001) by 2001 c. i, s. 9(2) (with s. 13)

S. 4 modified (4.12.2001) by 2001 c. V, s. 14(3)

S. 4 modified (with effect as mentioned in s. 4(1) of the amending Act) by 2002 c. iii, s. 13(3)

S. 4 modified (with effect as mentioned in s. 4(1)(d) of the amending Act) by 2002 c. iv, s. 12(3)

C15S.4 modified (with effect as mentioned in s. 9 of the amending Act) by HBOS Group Reorganisation Act 2006 (c. i), ss. 3, 20(3)

5 Verification of copy. E+W

A copy of an entry in a banker’s book shall not be received in evidence under this Act unless it be further proved that the copy has been examined with the original entry and is correct.

Such proof shall be given by some person who has examined the copy with the original entry, and may be given either orally or by an affidavit sworn before any commissioner or person authorised to take affidavits.

[F3Where the proceedings concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices, this section shall have effect with the omission of the words “either orally or”].

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Amendments (Textual)

F3Words in s. 5 inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. II para. 39 of the amending Act) by 1996 c. 25 s. 47, Sch. 1 Pt. II para. 16 ( with s. 78(1)); S.I. 1997/683, art. 1(2)

Modifications etc. (not altering text)

6 Case in which banker, &c. not compellable to produce book, &c.E+W+S+N.I.

A banker or officer of a bank shall not, in any legal proceeding to which the bank is not a party, be compellable to produce any banker’s book the contents of which can be proved under this Act [F4or under the Civil Evidence (Scotland) Act 1988][F5 or Schedule 8 to the Criminal Procedure (Scotland) Act 1995], or to appear as a witness to prove the matters, transactions, and accounts therein recorded, unless by order of a judge made for special cause.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5Words inserted (1.4.1996) by 1995 c. 40 s. 5, Sch. 4 para 2

7 Court or judge may order inspection, &c. E+W+S+N.I.

On the application of any party to a legal proceeding a court or judge may order that such party be at liberty to inspect and take copies of any entries in a banker’s book for any of the purposes of such proceedings. An order under this section may be made either with or without summoning the bank or any other party, and shall be served on the bank three clear days before the same is to be obeyed, unless the court or judge otherwise directs.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C18S. 7 applied (1.1.1992) by S.I. 1991/2737, art.70

S. 7 power to extend conferred (1.4.1997) by 1955 c. 18, s. 103 (as substituted by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 30; S.I. 1997/304 art. 2 (subject to saving in arts. 3, 4, Sch. 2))

S. 7 power to extend conferred (1.4.1997) by 1955 c. 19, s. 103 (as substituted by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 46; S.I. 1997/304 art. 2 (subject to saving in arts. 3, 4, Sch. 2)

S. 7 power to extend conferred (1.4.1997) by 1957 c. 53, s. 58 (as substituted by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 57; S.I. 1997/304 art. 2 (subject to saving in arts. 3, 4, Sch. 2)

S. 7 power extended (1.4.1997) by S.I. 1997/170, rule 76

C19S. 7 power extended (1.1.2008) by The Courts-Martial (Army) Rules 2007 (S.I. 2007/3442), rule 92

C20S. 7 power extended (1.1.2008) by The Courts-Martial (Royal Navy) Rules 2007 (S.I. 2007/3443), rule 89(1)

C21S. 7 power extended (1.1.2008) by The Courts-Martial (Royal Air Force) Rules 2007 (S.I. 2007/3444), rule 92

8 Costs.E+W+S+N.I.

The costs of any application to a court or judge under or for the purposes of this Act, and the costs of anything done or to be done under an order of a court or judge made under or for the purposes of this Act shall be in the discretion of the court or judge, who may order the same or any part thereof to be paid to any party by the bank where the same have been occasioned by any default or delay on the part of the bank. Any such order against a bank may be enforced as if the bank was a party to the proceeding.

[F69 Interpretation of “bank”, “banker”, and “bankers’ books”. E+W+S+N.I.

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

[F7(a)a deposit-taker;]

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(c)the National Savings Bank; F9. . .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(1A)“Deposit taker” means—

(a)a person who has permission under [F11Part 4A] of the Financial Services and Markets Act 2000 to accept deposits; or

(b)an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits or other repayable funds from the public.

(1B)But a person is not a deposit-taker if he has permission to accept deposits only for the purpose of carrying on another regulated activity in accordance with that permission.

(1C)Subsections (1A) and (1B) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

(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 retrieval mechanism. ]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F7S. 9(1)(a) substituted (1.12.2001) for s. 9(1)(a)(aa) by S.I. 2001/3649, arts. 1, 265(2)

F9S. 9(1)(d) and the word "and" immediately preceding it repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2

F10S. 9(1A)-(1C) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 265(3)

Modifications etc. (not altering text)

C23Definition of “banker” extended by instruments listed in the Chronological Table of the Statutes

C24S. 9(1) modified (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 2.

C25S. 9(2) applied (29.3.1993) by 1993 c. iii, s. 9(3).

s. 9(2) applied (E.W.N.I.) (27.7.1993) by 1993 c. xiv, s. 9(3).

s. 9(2) applied (5.11.1993) by 1993 c. xvii, s. 13(1).

s. 9(2) applied (5.11.1993) by 1993 c. xviii, s. 11(3).

S. 9(2) applied by 1996 c. ii, ss. 5(2), 9(1)

S. 9(2) applied by 1996 c. vii, ss. 3, 9(3) (with s. 16)

S. 9(2) applied (with effect as mentioned in s. 4(1)(d) of the amending Act) by 2002 c. iv, s. 12(1)

C26S. 9(2) applied (with effect as mentioned in s. 9 of the amending Act) by HBOS Group Reorganisation Act 2006 (c. i), ss. 3, 20(1)

10 Interpretation of “legal proceeding,” “court,” “judge.”E+W+S+N.I.

In this Act—

  • The expression “legal proceeding” means any civil or criminal proceeding or inquiry in which evidence is or may be given, and includes

[F12(a)an arbitration;

(b)an application to, or an inquiry or other proceeding before, the Solicitors Disciplinary Tribunal or any body exercising functions in relation to solicitors in Scotland or Northern Ireland corresponding to the functions of that Tribunal; and

[F13(c)an investigation, consideration or determination of a complaint by a member of the panel of ombudsmen for the purposes of the ombudsman scheme within the meaning of the Financial Services and Markets Act 2000.]]

  • The expression “the court” means the court, judge, arbitrator, persons or person before whom a legal proceeding is held or taken;

  • The expression “a judge” means with respect to England a judge of the High Court, and with respect to Scotland a lord ordinary of the Outer House of the Court of Session, and with respect to Ireland a judge of the [F14High Court in Northern Ireland];

[F15A judge of the county court] may with respect to any action in such court exercise the powers of a judge under this Act.

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Amendments (Textual)

F12S. 10(a)-(c) substituted (9.6.1997) for words in s. 10 by 1997 c. 32, s. 45(1); S.I. 1997/1427, art. 2

F13S. 10: para. (c) in the definition of “legal proceedings”substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 266

F14Words substituted by S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2

F15Words in s. 10 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 14; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C27References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

11 Computation of time.E+W+S+N.I.

Sunday, Christmas Day, Good Friday, and any bank holiday shall be excluded from the computation of time under this Act.

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