Central Bank Act 1971 (Approval of Scheme of Bank of Scotland (Ireland) Limited and Icc Bank Plc) Order, 2002

• Jurisdiction: Ireland
• Citation: IR SI 27/2002
• Year: 2002

WHEREAS Bank of Scotland (Ireland) Limited (in the following Order referred to as the Transferor) having its registered office at Canada House, 65/68 St. Stephen's Green, Dublin 2 and being the holder of a licence under the Central Bank Act 1971 (No. 24 of 1971) has agreed with ICC Bank plc (in the following Order referred to as the Transferee) having its registered office at 72/74 Harcourt Street, Dublin 2 and being the holder of a licence under the Central Bank Act 1971 (No. 24 of 1971) to transfer to the Transferee the banking business to which the licence of the Transferor relates.

AND WHEREAS on 23 November 2001, the Transferor and the Transferee submitted to the Minister for Finance 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 23 November 2001 ;

NOW I, Charlie McCreevy, Minister for Finance, after consultation with the Central Bank of Ireland and, in respect of Articles 4 to 7 of this Order, at the request of the Transferor and the Transferee, hereby, in exercise of the powers conferred on me by section 33 of the Central Bank Act 1971 , order as follows: 1. This Order may be cited as the Central Bank Act 1971 (approval of Scheme of Bank of Scotland (Ireland) Limited and ICC Bank plc) Order, 2002. 2. In this Order -

“Agreement” means the transfer agreement between the transferor and the transferee dated 23 November 2001;

“Business” means all the banking business agreed to be transferred as more particularly defined in the Agreement;

“Minister” means the Minister for Finance;

“Scheme” means the Scheme dated 23 November 2001 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 the Agreement;

“Transfer Date” means 23 March 2002 or such later date as the Transferor and the Transferee may agree in writing in accordance with the Scheme;

“Transferee” means ICC Bank plc;

“Transferor” means Bank of Scotland (Ireland) Limited. 3. The Minister approves of the Scheme. 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 on and from the Transfer Date. 5. (1) On and from the Transfer Date:-

(a) the Bankers' Books Evidence Acts 1879 to 1989, shall continue to...