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The Trustee Savings Banks Regulations 1972

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MISCELLANEOUS

Signature of certificate for transfer to another trustee savings bank

20.  The certificate required to be furnished for the purpose of the transfer of the account of a depositor from one trustee savings bank to another shall be signed by one trustee or manager, or, in the case of a trustee savings bank open for more than six hours in every week, by a paid officer of the trustee savings bank duly appointed for the purpose by resolution of the trustees:

Provided that the appointment and signature of every officer so appointed shall have been previously certified to the Commissioners by two trustees.

Application to Scotland

21.—(1) In the application of these Regulations to Scotland—

(a)any reference to a mentally disordered person shall be construed as a reference to a person who is incapable by reason of mental disorder within the meaning of the Mental Health (Scotland) Act 1960 of managing and administering his property and affairs;

(b)any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a curator bonis, guardian or tutor;

(c)any reference to a receiving order shall be construed as a reference to an award of sequestration;

(d)any reference to a trustee in bankruptcy shall be construed as a reference to a judicial factor or trustee appointed under the Bankruptcy (Scotland) Act 1913;

(e)any reference to probate or letters of administration shall be construed as a reference to confirmation of an executor;

(f)any reference to the Treasury Solicitor shall be construed as a reference to the Queen's and Lord Treasurer's Remembrancer.

(2) Where on the death of a depositor domiciled in Scotland, who has made a nomination, the trustees have notice of a claim of any person entitled on the ground of jus relicti, jus relictae or legitim to any part of the moveable estate of such depositor, and such estate, apart from the amount nominated, appears to be insufficient to satisfy such claim, the trustees may in their discretion apply the amount nominated in or towards the satisfaction of such claim, but, subject as aforesaid, any payment made by the trustees to the nominee (irrespective of the amount due to the depositor at his death) shall be a valid payment, and the receipt of the nominee shall be a good discharge to the trustees for the sum so paid.

(3) It shall not be necessary to obtain the sanction of the Treasury to the withdrawal by a Sheriff Clerk of moneys standing in his name as such.

Application to Northern Ireland

22.—(1) These Regulations shall extend to Northern Ireland.

(2) In the application of these Regulations to Northern Ireland—

(a)any reference to a mentally disordered person shall be construed as a reference to a person who, by reason of unsoundness of mind, or of mental disorder within the meaning of the Mental Health Act (Northern Ireland) 1961, is or is considered incapable of managing his affairs;

(b)any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a committee or any other person appointed pursuant to the Lunacy Regulation (Ireland) Act 1871 and the orders made thereunder to exercise with respect to the estate of such person powers similar to those of a committee;

(c)any reference to a receiving order shall be construed as a reference to an order of adjudication of bankruptcy, or to an order in any arrangement operating by virtue of section 349 of the Irish Bankrupt and Insolvent Act 1857 to vest a deposit in the Official Assignee alone or jointly with any person;

(d)any reference to the Official Receiver shall be construed as a reference to the Official Assignee in Bankruptcy;

(e)any reference to the Treasury Solicitor shall be construed as a reference to the Chief Crown Solicitor for Northern Ireland;

(f)any reference to the Commissioners of Inland Revenue shall be construed as a reference to the Ministry of Finance for Northern Ireland.

Application to the Isle of Man

23.—(1) These Regulations shall extend to the Isle of Man.

(2) In the application of these Regulations to the Isle of Man—

(a)any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to the committee of the estate of a person found of unsound mind according to the law of the Isle of Man or to a receiver appointed under section 3 of the Mental Diseases Act 1954 of the Isle of Man, as the case may be;

(b)any reference to the Treasury Solicitor shall be construed as a reference to the Attorney-General of the Isle of Man.

Application to the Channel Islands

24.—(1) These Regulations shall extend to the Channel Islands.

(2) In the application of these Regulations to Jersey—

(a)any reference to a mentally disordered person shall be construed as a reference to a person suffering from mental disorder within the meaning of the Mental Health (Jersey) Law 1969;

(b)any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a curator;

(c)any reference to a receiving order shall be construed as a reference to a declaration of “désastre”;

(d)any reference to the Official Receiver shall be construed as a reference to Her Majesty's Viscount for Jersey or to an “attourné” appointed in bankruptcy, as the case may be;

(e)any reference to the Treasury Solicitor shall be construed as a reference to Her Majesty's Receiver General for Jersey;

(f)nominations under Regulation 11 above shall only be made if they are within the testamentary powers of the nominator according to Jersey law;

(g)any reference to the age of majority shall be construed as a reference to the age of majority by Jersey law.

(3) In the application of these Regulations to Guernsey, Alderney and Sark—

(a)any reference to a mentally disordered person shall be construed as a reference to a person who under any law for the time being in force in any of the Islands of the Bailiwick of Guernsey is a person of unsound mind;

(b)any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a guardian appointed by the Royal Court of Guernsey, the Court of Alderney or the Court of the Seneschal of Sark, as the case may be;

(c)any reference to the Treasury Solicitor shall be construed as a reference to Her Majesty's Receiver-General;

(d)for Regulation 7 of these Regulations there shall be substituted the following Regulation:—

7.  Where it is shown to the satisfaction of the trustees that any person who is the sole depositor is insolvent, the trustees may, if they think fit, pay the deposits standing in the name of such depositor or any part thereof to any person who makes application in that behalf and who satisfies them that he is a proper person to receive payment.

Revocation and savings

25.—(1) The Regulations specified in the Schedule to these Regulations are hereby revoked.

(2) In so far as any application, declaration, payment, transfer or nomination made, approval, notice or receipt given, document issued, or other thing done, under any Regulations revoked by paragraph (1) above could have been made, given, issued or done under a corresponding provision of these Regulations, it shall not be invalidated by the revocation, but shall have effect as if made, given, issued or done under that corresponding provision.

(3) The mention of particular matters in this Regulation shall be without prejudice to the general application of section 38 of the Interpretation Act 1889 as it applies for the interpretation of these Regulations.

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