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S.I. No. 242/1992 - Central Bank Act, 1971 (Approval of Scheme of Hill Samuel Bank (Ireland) Limited and Hill Samuel Bank Limited) Order, 1992.

S.I. No. 242 of 1992.

CENTRAL BANK ACT, 1971 (APPROVAL OF SCHEME OF HILL SAMUEL BANK (IRELAND) LIMITED AND HILL SAMUEL BANK LIMITED) ORDER, 1992.

WHEREAS Hill Samuel Bank (Ireland) Limited (in the following Order referred to as the Transferor), having its registered office at Hill Samuel House, Adelaide Road, Dublin 2 and being the holder of a licence, has agreed with Hill Samuel Bank Limited (in the following Order referred to as the Transferee), having its registered office at 100 Wood Street, London EC2P 2AJ, England, and being the holder of a licence, to transfer to the Transferee certain business to which the licence of the Transferor relates:

AND WHEREAS on the 30th day of June, 1992, the Transferor and the Transferee submitted to the Minister for his approval a scheme for the transfer (in the following Order referred to as the Scheme) made by the Transferor and the Transferee on the 30th day of June, 1992.

NOW, the Minister for Finance, after consultation with the Central Bank of Ireland and, in respect of Articles 4 to 8 of this Order, at the request of the Transferor and the Transferee, hereby, in exercise of the powers conferred on him by section 33 of the Central Bank Act, 1971 (No. 24 of 1971), orders as follows:

1. This Order may be cited as the Central Bank Act, 1971 (Approval of Scheme of Hill Samuel Bank (Ireland) Limited and Hill Samuel Bank Limited) Order, 1992.

2. In this Order—

"the Minister" means the Minister for Finance;

"the Scheme" means the scheme submitted to the Minister for his approval by the Transferor and the Transferee pursuant to section 33 of the Central Bank Act, 1971 (No. 24 of 1971), and to the agreement between them dated the 30th day of June, 1992;

"the transfer date" means the 30th day of October, 1992, or such later date as the Transferor and the Transferee may agree in writing;

"the Transferee" means Hill Samuel Bank Limited;

" the Transferor" means Hill Samuel Bank (Ireland) Limited;

3. The Scheme is hereby approved of.

4. All books and other documents which would before the transfer date have been evidence in respect of any matter for or against the Transferor shall be admitted in evidence in respect of the same matter for or against the Transferee as and from the transfer date.

5. From the transfer date:

( a ) the Banker's Books Evidence Acts, 1879 and 1959, shall continue to apply with respect to any books of the Transferor transferred to the Transferee in connection with the banking business agreed to be transferred and to entries made in those books before the transfer date as if such books were the books of the Transferee,

( b ) for the purpose of section 4 of the Bankers' Books Evidence Act, 1879, any book to which that Act applies by virtue of subparagraph (a) of this paragraph shall, on being proved to be in the custody of the Transferee, be deemed to be one of the ordinary books of the Transferee and any entry therein purporting to have been made before the transfer date shall be deemed to have been made in the ordinary course of business,

( c ) in this paragraph "books" has the same meaning as "bankers' books" in the Bankers' Books Evidence Act, 1879 (as amended by the Bankers' Books Evidence (Amendment) Act, 1959 (No. 21 of 1959).

6. Section 1 of the Trustee Act, 1893, as amended by the Trustee (Authorised Investments) Act, 1958 (No. 8 of 1958), is hereby amended by the substitution for "Hill Samuel and Company (Ireland) Limited" (inserted by the Trustee (Authorised Investments) (No. 2) Order, 1977 ( S.I. No. 344 of 1977 )) of "Hill Samuel Bank Limited".

7. ( a ) In respect of the business agreed to be transferred, the Transferor shall, at the request of the Transferee, execute all instruments and do all such acts as may be necessary to transfer the property vested immediately before the transfer date in the Transferor as trustee, executor, guardian or in any other fiduciary capacity (as the case may be) to, and vest the same in, the Transferee in the same capacity upon the trusts and with and subject to the powers, provisions, liabilities and obligations applicable thereto respectively.

( b ) The Transferee shall be entitled to remuneration and to act as trustee, executor, guardian or in any other fiduciary capacity (as the case may be) at the same scale of fees and upon and subject to the same terms and conditions as were applicable to the Transferor immediately before the transfer date.

8. Any contract of guarantee, indemnity or other contract or suretyship undertaken by the Transferor with any person in the course of or incidental to the banking business of the Transferor agreed to be transferred shall be transferred or deemed to have been transferred to the Transferee on the transfer date and shall become from that date a contract between the Transferee and that person with the same rights and subject to the same obligations and incidents (including rights of set-off) as would have been applicable thereto if such contract between the Transferor and such person had continued and any order, instruction, direction, mandate or authority given, whether before, on or after that date, by that person in relation to any such contract and subsisting at the transfer date shall apply and have effect after the transfer of such contract to the Transferee as aforesaid and any monies due and owing by such person to the Transferor at that date under or by virtue of any such contract shall become due and payable by that person to the Transferee instead of the Transferor.

GIVEN under the Official Seal of the Minister for Finance, this 27th day of August, 1992.

E. A. CLARKE,

A person authorised by the Minister for Finance to authenticate the Official Seal of the Minister.

EXPLANATORY NOTE.

This Order approves the transfer of most of the banking business of Hill Samuel Bank (Ireland) Limited to Hill Samuel Bank Limited in accordance with a transfer scheme submitted by both banks. The effect of the Order is that sections 34 to 39 and 42 of the Central Bank Act, 1971 will apply to the transfer. The Order also makes provision for matter arising from and incidental to the transfer.