Central Bank Act (Approval of Scheme of Barclays Bank Ireland Limited and Barclays Bank Public Limited Company) Order, 1988.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Central Bank Act (Approval of Scheme of Barclays Bank Ireland Limited and Barclays Bank Public Limited Company) Order, 1988.
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paragraphs: 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 , and to the agreement between them dated the 28th day of June, 1988;
"the transfer date" means the 31st day of October, 1988, or such later date as the Transferor and the Transferee may agree in writing;
"the Transferee" means Barclays Bank Public Limited Company;
"the Transferor" means Barclays Bank Ireland Limited.
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paragraphs: The Scheme is hereby approves of.
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paragraphs: In section 344 (as amended by section 8 of the Finance Act, 1983 (No. 15 of 1983)) of the income Tax Act, 1967 (No. 6 of 1967), the reference to the Transferor under its former name of Barclays Commercial Bank Limited shall be construed as a reference to Barclays Bank Public Limited Company.
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paragraphs: 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.
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paragraphs: (a) The Bankers' 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 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' Evidence Act. 1879.
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paragraphs: (a) 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.
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paragraphs: Any contract or guarantee, indemnity or other contract of suretyship undertaken by the Transferor with any person in the course of or incidental to the banking business of the Transferor shall be transferred or deemed to have been transferred to the Transferee on the transfer date and shall become as and 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 setoff) as would have been applicable thereto if such contract between the Transferor and such person continued and any order, instruction, direction, mandate or authority given, whether before 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.
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paragraphs: The trustee of the pension scheme of the Transferor called "Barclays Bank Ireland Pension Scheme" shall transfer the whole of the property and assets of the said pension scheme to the corresponding pension or superannuation scheme of the Transferee called "Barclays Bank (Irish) Pension Fund" and shall sign, seal, execute, perform and do all such documents, acts and things as may be necessary or desirable to implement such transfer, and upon the completion of such transfer and pension scheme of the Transferor called "Barclays Bank Ireland Pension Scheme" shall be terminated and dissolved.
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paragraphs: Paragraphs 4 to 9 of this Order shall come into operation on the transfer date.