[17th June 1996]
WHEREAS Australia and New Zealand Banking Group Limited (hereinafter referred to as “ANZ”) is a company deemed to be incorporated under the Companies Act 1961 of the State of Victoria in the Commonwealth of Australia (hereinafter referred to as “Victoria”):
And whereas ANZ carries on the business of banking and the provision of financial services in the Commonwealth of Australia, the United Kingdom and elsewhere:
And whereas ANZ Holdings (UK) plc (hereinafter referred to as “Holdings”) and ANZ Grindlays Bank plc (hereinafter referred to as “Grindlays”) are companies within the meaning of the [1985 c. 6.] Companies Act 1985 and are public companies limited by shares:
And whereas Holdings carries on the business of holding investments in the United Kingdom and Grindlays carries on the business of banking and the provision of financial services in the United Kingdom, Bahrain, Bangladesh, Greece, India, Jordan, Oman, Pakistan, Qatar, Sri Lanka, Switzerland, the United Arab Emirates and elsewhere:
And whereas National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited each carries on trustee and executorship business in the United Kingdom:
And whereas Holdings is a wholly-owned subsidiary of ANZ:
And whereas ANZ holds 25%, and Holdings holds 75%, of the issued ordinary share capital of Grindlays and Holdings holds all of the deferred share capital and preference share capital of Grindlays:
And whereas each of National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited is a wholly-owned subsidiary of Grindlays:
And whereas the registered office of each of Holdings, Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited is in England:
And whereas, having regard to the fact that the area of operation of ANZ is largely in the Commonwealth of Australia, certain advantages would accrue to ANZ if Holdings and Grindlays were registered as companies incorporated under the laws of Victoria instead of under the laws of England and such registration would give ANZ, Holdings and Grindlays greater flexibility in the pursuit of their objectives:
And whereas no procedure exists whereby the registration of a company to which the Companies Act 1985 applies can be transferred from England to another country:
And whereas to proceed by way of winding-up and dissolution of Holdings and Grindlays and the transfer of assets to ANZ or a new company incorporated in Victoria would involve loss of the identity of Holdings and Grindlays, and the consequent disturbance of the financial structure and existing contracts of Holdings and Grindlays would interfere with the continuity of their respective operations and result in considerable attendant expense and inconvenience:
And whereas it is desirable that each of Holdings and Grindlays should be enabled to become registered as a company in Victoria and that thereupon the provisions of the Companies Act 1985 (with the exception of those provisions which apply to oversea companies) should cease to apply to them, but each should be the same company for all purposes as it was before registration as a company incorporated in Victoria:
And whereas it is expedient and desirable that the objects of this Act be given full faith and credit in every jurisdiction in which ANZ, Holdings and Grindlays carry on business:
And whereas for the more effective consolidation of the core businesses in the United Kingdom of ANZ, Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited and the better conduct thereof it is expedient that provision be made for the transfer to and vesting in ANZ of the whole or parts of the undertakings in the United Kingdom of Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited:
And whereas it is expedient that the said transfers and vesting should be effected without interference with the conduct and continuity of the businesses carried on by ANZ, Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited:
And whereas it is expedient that the other provisions in this Act should be enacted:
And whereas the objects of this Act cannot be attained without the authority of Parliament:
May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part IPreliminary

1 Short title
This Act may be cited as the Australia and New Zealand Banking Group Act 1996.

2 Interpretation
(1) In this Act, unless the subject or context otherwise requires—
  * “ANZ” means Australia and New Zealand Banking Group Limited;
  * “appointed day” in relation to a transfer scheme means such day as may be specified under section 5 (2) of this Act as the appointed day for the scheme;
  * “customer” includes any person having a bank account or other dealing, transaction, agreement or arrangement with a Transferor;
  * “the date of registration” means the date on which Holdings or Grindlays as the case may be respectively becomes registered as a company incorporated under the laws of Victoria;
  * “document” has the same meaning as in section 10 of the [1968 c. 64.] Civil Evidence Act 1968;
  * “enactment” means any enactment in this Act or in any general or local Act or in any order, rule or regulation made under any Act;
  * “existing” means existing, outstanding or in force immediately before the appointed day for a transfer scheme;
  * “first appointed day” in relation to a Transferor means such day as may be specified under section 5 (2) of this Act as the earliest appointed day for a transfer scheme in relation to that Transferor;
  * “Grindlays” means ANZ Grindlays Bank plc;
  * “Holdings” means ANZ Holdings (UK) plc;
  * “liabilities” includes duties and obligations of every description;
  * “property” means property and assets of every description including property and assets held on trust or in a fiduciary capacity and rights, benefits and powers of every description;
  * “the registrar of companies” means the registrar or other officer performing under the [1985 c. 6.] Companies Act 1985 the duty of registration of companies in England;
  * “security” includes a mortgage or charge (whether legal or equitable), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, flawed asset arrangement, undertaking or other means of securing payment or discharge of a debt or liability;
  * “the Transferors” means Grindlays, National & Grindlays Bank Limited and ANZ Grindlays Executor & Trustee Company Limited and a reference to a “Transferor” is a reference to one of the Transferors;
  * “transfer scheme” means a scheme made under section 5 (Schemes for transfer to ANZ of property, liabilities, trusteeships and other appointments in United Kingdom) of this Act;
  * “trustee” includes a trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will; executor of the will, or administrator of the estate, of a deceased person; judicial trustee appointed by order of any court; attorney for another person; or any other person acting in a fiduciary capacity;
  * “Victoria” means the State of Victoria in the Commonwealth of Australia; and
  * “will” includes a codicil and any other testamentary writing.
(1) Any reference in this Act to property or liabilities of a Transferor is a reference to property or liabilities wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by a Transferor and whether that Transferor is entitled or subject to the property or liabilities under the law of any part of the United Kingdom or under the law of any country or territory outside the United Kingdom.

Part IIRegistration of Holdings and Grindlays

3 Registration in Victoria
Subject to the laws in force in Victoria and with such legislative, governmental or other authority as is necessary in Victoria, Holdings and Grindlays may each become registered as a company incorporated under the laws of Victoria.

4 Removal from register in England and continuity of legal identity
(1)(a)On or as soon as reasonably practicable after the date of registration of Holdings or Grindlays as the case may be, that company shall notify the registrar of companies thereof by telefax or telex and shall also transmit to him by registered or insured post a Queen’s Printer’s copy of this Act and a copy of the certificate of the registration of the company in Victoria.
(b) On receipt of any such copy the registrar of companies shall, with effect from the date of registration, remove the name of the company to which the certificate relates from the register in England.
(2) On and from the date of registration of Holdings or Grindlays as the case may be, the Companies Act 1985 (with the exception of those provisions which apply to oversea companies) shall not apply to that company, but that company shall (save for its registration as a company incorporated in Victoria) be the same company for all purposes as it was before the date of registration.
(3) The registrar of companies shall retain and register the copy of any certificate transmitted to him under subsection (1) (a) above.

Part IIITransfer of business to ANZ

5 Schemes for transfer to ANZ of property, liabilities, trusteeships and other appointments in United Kingdom
(1) Within five years from the passing of this Act ANZ may jointly with a Transferor make a scheme or schemes for—
(a) the transfer to ANZ of any of the property and liabilities to which, immediately before the appointed day for any such scheme, a Transferor is entitled or subject;
(b) the substitution of ANZ for a Transferor or of a director, officer, representative or employee of ANZ for a director, officer, representative or employee of a Transferor, in any position held by it or by such person as a trustee; and
(c) the substitution of ANZ for a Transferor, or of a director, officer, representative or employee of ANZ for a director, officer, representative or employee of a Transferor, as the holder of any office or appointment other than of trustee.
(2) A transfer scheme under subsection (1) above shall take effect on such day as may be specified in the scheme as the appointed day for the scheme; and in each case before the earliest day specified as an appointed day for a scheme in relation to any Transferor under this Act, ANZ shall publish in the London Gazette, the Edinburgh Gazette and the Belfast Gazette a notice stating that it is the earliest day so specified for a transfer scheme under this Act in relation to that Transferor.
(3) Not less than seven days before the appointed day for a transfer scheme a Transferor shall give written notice to every person having a bank account which is to be transferred by or in consequence of the scheme (or, in the case of a joint account, the first-named account holder) that the account is to become an account with ANZ and of the appointed day for the scheme:
Provided that a failure by the Transferor so to give such notice to any account holder shall not invalidate the scheme.
(4) On the appointed day for a transfer scheme any property and liabilities transferred by the scheme shall, by virtue of this Act and without further assurance, be transferred to and vested in ANZ to the intent that ANZ shall succeed to such property and liabilities as if for all purposes ANZ were the same person in law as the Transferor.
(5) Where the transfer of any property or liability to which a transfer scheme relates is governed by the law of any country or territory outside the United Kingdom, the Transferor shall, if ANZ so requires, take all necessary steps to secure that the transfer of the property or liability to ANZ is fully effective under the law of that country or territory and pending such transfer any such property shall be held by the Transferor in trust for ANZ and ANZ shall be liable to the Transferor for any such liability.

6 Provisions as to trust and other property and liabilities in United Kingdom
(1) Where a transfer scheme transfers to ANZ property or a liability to which immediately before the appointed day for the scheme a Transferor was then entitled or subject as a trustee or as the holder of any other office or appointment, whether alone or jointly with another person, it shall be held by ANZ, or ANZ shall be subject to it, on and from the appointed day, alone or, as the case may be, jointly with that other person, in that capacity upon the same trusts or terms and with and subject to the same powers and provisions as were applicable to the Transferor immediately before the appointed day.
(2) Where ANZ is substituted for a Transferor as a trustee or as the holder of any other office or appointment under paragraph (b) or (c) of section 5 (1) above—
(a) any property to which the Transferor was then in that capacity entitled, whether alone or jointly with another person, shall, by virtue of this Act and without further assurance, be transferred to and held by ANZ alone or, as the case may be, jointly with that other person, upon the same trusts or terms and with and subject to the same powers, provisions and liabilities as were applicable to the Transferor immediately before the appointed day; and
(b) ANZ shall, by virtue of this Act and without further assurance, in the same capacity and upon the same terms, become subject to any liability to which the Transferor was then in that capacity subject, whether alone or jointly with another person.
(3) Where a director, officer, representative or employee of ANZ is substituted for a director, officer, representative or employee of a Transferor as a trustee or as the holder of any other office or appointment under paragraph (b) or (c) of section 5 (1) above—
(a) any property to which that director, officer, representative or employee of the Transferor was then, as trustee or as the holder of that office or appointment, entitled, whether alone or jointly with another person, shall, by virtue of this Act and without further assurance, be transferred to and held by that director, officer, representative or employee of ANZ alone or, as the case may be, jointly with that other person upon the same trusts or terms and with and subject to the same powers, provisions and liabilities as were applicable to the director, officer, representative or employee of the Transferor immediately before the appointed day; and
(b) that director, officer, representative or employee of ANZ shall, by virtue of this Act and without further assurance, as trustee or as the holder of the office or appointment aforesaid, and upon the same terms, become subject to any liability to which the director, officer, representative or employee of the Transferor whom he is replacing was then, as trustee or as the holder of that office or appointment, subject, whether alone or jointly with another person.
(4) Any instrument or order of any court under or by virtue of which any property has been or is to become vested in a Transferor as a trustee or as the holder of any other office or appointment, and any provision therein, or any agreement or arrangement for the payment to, or retention by, a Transferor of remuneration for its services as a trustee or as the holder of any other office or appointment, shall, if that property is transferred by or in consequence of a transfer scheme, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to a Transferor, other than a reference (however worded and whether express or implied) to terms and conditions of, or to a scale of fees of, the Transferor, there were substituted a reference to ANZ.

7 Supplementary provisions as to schemes and transfers in United Kingdom
(1) Without prejudice to the generality of the foregoing provisions of this Act but subject to any provision of this Act to the contrary effect, the following provisions shall have effect in relation to a transfer scheme and any property or liability transferred by or in consequence of a transfer scheme.
(2) A transfer scheme may—
(a) contain supplementary and incidental provisions for the purpose of giving full effect to the transfer by or in consequence of the scheme of property and liabilities and to the substitution of ANZ for a Transferor under paragraph (b) or (c) of section 5 (1) above; and
(b) revoke or vary any provision of an earlier transfer scheme before the appointed day for that scheme.
(3) An agreement, transaction, or other thing (not contained in an enactment and not being a will) which has been made, effected or done by, to or in relation to, or with reference to, a Transferor and which—
(a) immediately before the appointed day for a transfer scheme is in force or effective; and
(b) relates to any property or liability to be transferred to ANZ by or in consequence of the scheme or to any position in respect of which ANZ is substituted for the Transferor under paragraph (b) or (c) of section 5 (1) above,
shall on and after that day have effect as if made, effected or done by, to or in relation to, or with reference to, ANZ.
(4) Where any agreement, transaction or other thing has effect in accordance with subsection (3) above—
(a) any reference to the Transferor in any document incorporating or otherwise connected with the agreement, transaction or other thing shall on and after the appointed day for the transfer scheme be construed as a reference to ANZ; and
(b) any reference (however worded and whether express or implied) in the agreement, transaction or other thing to the directors, officers, representatives or employees (or to any director, officer, representative or employee) of the Transferor shall on and after the appointed day for the transfer scheme be construed as a reference to the directors, officers, representatives or employees of ANZ or, as the case may require, to such director, officer, representative or employee of ANZ, as ANZ may nominate for that purpose or, in default of nomination, to the director, officer, representative or employee of ANZ who corresponds as nearly as may be to the first-mentioned director, officer, representative or employee.
(5) Any agreement or transaction which relates to property or liabilities which are only partly transferred to ANZ by or in consequence of a transfer scheme shall be construed as if the agreement or transaction, to the extent to which it is enforceable by and against the Transferor, constituted two separate agreements or transactions, one of which is enforceable by and against ANZ as regards the part of the property or, as the case may be, liabilities so transferred to it and not as regards the other part, and the other of which is enforceable by and against the Transferor as regards the part of the property or, as the case may be, liabilities not so transferred to ANZ and not as regards the other part.
(6) Any account between a Transferor and a customer which is transferred by or in consequence of a transfer scheme shall be deemed for all purposes to be a single continuing account and, subject to the provisions of subsections (3) and (4) above and subsections (7) and (8) below, shall be subject to the same terms and conditions as those which applied before the transfer.
(7) Nothing in subsection (6) above shall preclude the exercise of any right of ANZ (in place of the Transferor) or of a customer to vary the terms and conditions subject to which the account of the customer is kept.
(8) Without prejudice to the generality of the foregoing, where by virtue of a transfer scheme and the operation of this Act ANZ becomes a party to an agreement, transaction or other thing in place of a Transferor, any reference in that agreement, transaction or other thing to a rate of interest prescribed by the Transferor shall be construed on and from the appointed day for the scheme as a reference to the equivalent rate of interest prescribed by ANZ.
(9) Any negotiable instrument, letter of credit or order for payment of money which is transferred by a transfer scheme and has been drawn on, or given to, or accepted or endorsed by a Transferor, or is payable at a place of business of a Transferor, shall have the same effect as if it had been drawn on, or given to, or accepted or endorsed by, ANZ or were payable at a place of business of ANZ.
(10) The custody of any document or record, goods or other thing held by a Transferor as bailee in connection with any property or liabilities to be transferred by a transfer scheme shall pass to ANZ on the appointed day for the scheme, and the rights and obligations of a Transferor under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of ANZ.
(11)(a)Any security held immediately before the appointed day for a transfer scheme by a Transferor in connection with any property or liabilities to be transferred by or in consequence of the scheme, or by a nominee or agent of or trustee for a Transferor, shall, on and from that day, be held by, or as the case may require, by that nominee, agent or trustee for, ANZ and be available to ANZ (whether for its own benefit or, as the case may be, for the benefit of any other person);
(b) In relation to any security transferred to ANZ by or in consequence of a transfer scheme and to any liabilities thereby secured, ANZ shall be entitled to the same rights and priorities and be subject to the same obligations as those to which the Transferor would have been entitled or subject if it had continued to hold the security;
(c) Without prejudice to the generality of paragraph (b) above, in any case where any existing liability subsists between a Transferor and ANZ in respect of which the Transferor or ANZ, or a nominee or agent of or trustee for the Transferor or ANZ, holds security, that liability shall, for the purpose of enforcing or realising that security, be deemed to continue in effect notwithstanding a transfer to ANZ of the liability or the benefit of the liability by or in consequence of a transfer scheme;
(d) Any security referred to in the foregoing provisions of this subsection which extends to future advances, liabilities or indebtedness shall, on and from the appointed day for the transfer scheme, be available to ANZ (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances, liabilities and indebtedness to the same extent and in the same manner in all respects as it extends to future advances, liabilities or indebtedness immediately before that day.
(12) On and from the appointed day for a transfer scheme, ANZ and all other persons shall have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing the property or liability transferred by or in consequence of the scheme as if it had been property or a liability of ANZ for the period before the appointed day for the scheme during which it had been the property or a liability of the Transferor; and any legal proceedings or applications to any authority pending immediately before the appointed day for the scheme by or against the Transferor may be continued by or against ANZ.
(13) Any judgment, order or award obtained by or against a Transferor relating to property or a liability transferred by or in consequence of a transfer scheme or to any position in respect of which ANZ is substituted for the Transferor under paragraph (b) or (c) of section 5 (1) above and not fully satisfied before the appointed day for the scheme shall on and from that day, to the extent to which it was enforceable by or against the Transferor immediately before that day, be enforceable by or against ANZ and no longer by or against the Transferor.
(14) In respect of—
(a) any data transferred to ANZ by a transfer scheme, or
(b) any data relating to any property or a liability transferred to ANZ by or in consequence of a transfer scheme,
the Data Protection Registrar may, on and from the appointed day for that transfer scheme, serve on ANZ any notice under section 10 of the [1984 c. 35.] Data Protection Act 1984 which he could have served on a Transferor in respect of a breach of the data protection principles by the Transferor before that appointed day; but the transfer of property or liabilities to ANZ by or in consequence of a transfer scheme and any disclosure to ANZ of any information in contemplation or as a result thereof shall not amount to a breach of any duty of confidentiality to which the Transferor is or was subject immediately before the appointed day for the scheme or to a contravention by ANZ or the Transferor of the data protection principles.

8 Evidence: books and documents
All books and other documents which would, before the appointed day for a transfer scheme, have been evidence for or against the Transferor in respect of any matter to which the scheme relates shall be admissible in evidence in respect of the same matter for or against ANZ.

9 Application of Bankers' Books Evidence Act 1879
(1) In this section “books” shall be construed in accordance with section 9 (2) of the [1879 c. 11.] Bankers' Books Evidence Act 1879.
(2) On and from the appointed day for a transfer scheme the said Act of 1879 shall apply to those books of the Transferor which are transferred to ANZ by the scheme, and to entries made in those books before that day, as if such books were the books of ANZ.
(3) For the purposes of section 4 of the said Act of 1879, books so transferred to ANZ shall be deemed to have been the ordinary books of ANZ at the time of the making of any entry therein which purports to have been made before the appointed day for the scheme, and any such entry shall be deemed to have been made in the usual and ordinary course of business.

10 Evidence of transfer and vesting
(1) In this section “convey” has the same meaning as in the [1925 c. 20.] Law of Property Act 1925.
(2) A certificate issued jointly by or on behalf of ANZ and a Transferor that by or in consequence of a transfer scheme any property or liabilities specified in the certificate have been transferred to ANZ shall be conclusive evidence for all purposes of that fact.
(3) A certificate issued under subsection (2) above, shall, in relation to any registered securities within the meaning of the [1963 c. 18.] Stock Transfer Act 1963 transferred to ANZ by or in consequence of a transfer scheme, operate for all the purposes of the said Act of 1963 as a duly executed stock transfer in respect of the transfer of such securities from the Transferor to ANZ.
(4) Without prejudice to subsection (2) above (but subject to that subsection)—
(a) any document made or executed on or after the relevant first appointed day whereby ANZ, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by a Transferor immediately before that day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of the Transferor in that property has been transferred to ANZ by or in consequence of a transfer scheme; and
(b) where there is any other transaction by ANZ on or after the relevant first appointed day in connection with, or in relation to, any property or liability which immediately before that day is property or a liability of a Transferor, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that ANZ has full power and authority for that transaction.
(5) Without prejudice to subsection (2) above (but subject to that subsection)—
(a) any document made or executed on or after the first appointed day whereby a Transferor, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by it immediately before that day, whether alone or jointly with any other person, shall be sufficient evidence that its interest in that property has not been transferred to ANZ by or in consequence of a transfer scheme; and
(b) where there is any other transaction by a Transferor on or after the first appointed day in connection with, or in relation to, any property or liability which immediately before that day is property or a liability of the Transferor, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that the Transferor has full power and authority for that transaction.
(6) No person may rely upon the provisions of subsection (4) or (5) above if he has knowledge to the contrary and nothing in this section affects the liability of ANZ, or of a Transferor, to the other of them in respect of anything done, or purported to have been done, by one of them in connection with, or in relation to, any property or liabilities transferred by or in consequence of a transfer scheme.

11 Savings in respect of transfers of property
The transfer of any property or of a liability by or in consequence of a transfer scheme or the substitution of ANZ for a Transferor under paragraph (b) or (c) of section 5 (1) above shall not—
(1) constitute a purchase or creation of an interest in land for the purposes of section 30 (2) of the [1954 c. 56.] Landlord and Tenant Act 1954 or constitute a relevant disposal within the meaning of section 4 of the [1987 c. 31.] Landlord and Tenant Act 1987 for the purposes of that Act; or
(2) constitute an assignment, transfer, devolution, alienation, parting with possession or other disposition of property or of an interest in property for the purposes of any provision in any instrument, contract (whether in writing or not) or order of any court concerning that property or that interest; or
(3) give rise to any forfeiture; or
(4) invalidate or discharge any agreement, transaction, security or other thing; or
(5) require further registration in respect of any security transferred by or in consequence of the scheme; or
(6) cause the benefit of any agreement, licence or privilege enjoyed by a Transferor to be lost or surrendered or otherwise affected, or require the disposal by a Transferor of any interest, otherwise than as provided for in this Act; or
(7) relieve any person under an obligation to a Transferor of a corresponding obligation to ANZ; or
(8) constitute a breach of, or default under, or require any obligation to be performed sooner or later than would have otherwise been the case under, any agreement or arrangement to which ANZ or a Transferor is a party; or
(9) operate so as to merge any leasehold interest in the reversion expectant on it.

Part IVMiscellaneous

12 Application to Scotland and Northern Ireland
(1) This Act other than Part II extends to Scotland and Northern Ireland.
(2) In the application of this Act to Scotland the following provisions shall have effect:—
(a) in the construction of this Act—
  * “assignment” includes an assignation;
  * “bailee” includes a custodian or a holder on deposit or pledge and “contract of bailment” includes any other contract regulating custody of things;
  * “convey” includes the execution of any deed or other instrument or document by which any property, or any estate, interest, security or other right in or over property, is constituted, completed, disponed, assigned, transmitted or discharged;
  * “debenture” includes a floating charge or any instrument containing a floating charge;
  * “freehold land” includes heritable property;
  * “judgment” includes a decree;
  * “judicial trustee” includes a judicial factor;
  * “mortgage” includes a standard security, an assignation or disposition ex facie absolute and any agreement qualifying the same, a bond and disposition or assignation in security, a cash credit bond and disposition or assignation in security, an assignation in security and any real right or burden of whatever kind in the nature of a security whether or not constituted in respect of a heritable property; and
  * “will” includes a trust disposition and settlement and any deed taking effect on the death of any person whereby any part of his estate is disposed of, or under which a succession thereto arises;
(b) all standard securities and cash credit bonds and dispositions or assignations in security expressed to be in favour of a Transferor transferred to ANZ by or in consequence of a transfer scheme shall, on and from the appointed day for the scheme, have the same effect in favour of ANZ up to the maximum amounts stated therein respectively in all respects as if they had been originally granted in favour of ANZ for such maximum amounts;
(c) to enable ANZ to complete a title, if thought fit, to any property transferred to it by or in consequence of a transfer scheme, by notice of title or otherwise, or to deduce title, the transfer scheme shall be deemed to be, and may be used as, a general disposition, conveyance or, as the case may be, assignation of such property in favour of ANZ;
(d) for the reference in subsection (1) of section 2 (Interpretation) of this Act to section 10 of the [1968 c. 64.] Civil Evidence Act 1968 there shall be substituted reference to section 17 of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968.
(3) In the application of this Act to Northern Ireland—
(a) for the reference in subsection (1) of section 2 (Interpretation) of this Act to section 10 of the Civil Evidence Act 1968 there shall be substituted reference to section 6 of the [1971 c. 36. (N.I.).] Civil Evidence Act (Northern Ireland) 1971;
(b) for the reference in subsection (1) of section 10 (Evidence of transfer and vesting) of this Act to the [1925 c. 20.] Law of Property Act 1925 there shall be substituted reference to the [1881 c. 41.] Conveyancing Act 1881;
(c) the reference in subsection (3) of section 10 (Evidence of transfer and vesting) of this Act to the [1963 c. 18.] Stock Transfer Act 1963 shall include a reference to the [1963 c. 24. (N.I.)] Stock Transfer Act (Northern Ireland) 1963; and
(d) for paragraph (1) of section 11 (Savings in respect of transfers of property) of this Act, there shall be substituted the following:—
“(1)constitute a purchase or creation of an estate for the purposes of section 10 (3) of the [1964 c. 36. (N.I.)] Business Tenancies Act (Northern Ireland) 1964; or”.

13 Costs of Act
All costs, charges and expenses preliminary to, and of and incidental to, the preparing for, obtaining and passing of this Act, or otherwise in relation thereto, shall be paid by ANZ.


[4th May 1863]

1 Gardens in certain squares, &c. may be freed from neglect, encroachments, &c., and vested in the Metropolitan Board of Works or other corporate authority; or vested in a committee of rated inhabitants.
Where in any city or borough any enclosed garden or ornamental ground has been set apart otherwise than by the revocable permission of the owner thereof in any public square, crescent, circus, street, or other public place, for the use or enjoyment of the inhabitants thereof, and where the trustees, commissioners, or other body appointed for the care of the same have neglected to keep it in proper order, or where such garden or ground has not been vested in or placed under the management of any trustees, commissioners, or other body for the care of the same, and from the want of such care, or from any other cause, has been neglected, . . . the corporate authorities in any . . . city or borough, shall take charge of the same, putting up a notice or notices to that effect in such garden or ornamental ground, and, if after due inquiry the person entitled to any estate of freehold in the same cannot be found, or if it shall be vested in any person by whom it is held, subject to any condition or reservation for keeping the same as and for a garden or pleasure ground, or that the same shall not be built upon, but not otherwise, shall cause any buildings or other encroachment made therein within the period of twenty years before the passing of this Act to be removed, and (if requested by a majority of two-thirds of the owners and of the occupiers of the houses surrounding the same) shall vest such garden or ornamental ground in a committee consisting of not more than nine nor fewer than three of the taxable inhabitants of such houses to be chosen annually by such inhabitants, in order that the same may be kept as a garden or ornamental ground for the use of such inhabitants; and the vestry or board of any and every parish or district within which the same or any part thereof is situate shall from time to time cause to be raised the sums required by such committee for defraying the expenses of the maintenance and management of such enclosed garden or ornamental ground, or of such part thereof as is situate within their parish or district . . . ; or if the said owners and occupiers shall not agree as aforesaid to undertake the charge of such garden or ornamental ground, the . . . corporate authority aforesaid shall, within six months after the notice herein-before mentioned shall have been put up within the same, or within such further time as the said . . . authority may think it expedient to allow for such agreement to be come to, vest the same in such vestries or boards, who shall thenceforth take charge of and maintain the same as an open place or street in such manner as shall appear to them most advantageous to the public, subject to the approval of the . . . corporate authority, . . . ; saving and always reserving to every person and persons, his and their heirs, executors, administrators, and assigns, all such estate, right, title, and interest as he, she, or they would or ought to have had and enjoyed of, in, to, from, or out of the gardens and grounds aforesaid in case this Act had not passed.
(2) In this section “taxable inhabitants”, in relation to the houses surrounding a garden or ornamental ground, means those persons who, in accordance with Part I of the Local Government Finance Act 1992, are liable to pay council tax in respect of any of those houses which are chargeable dwellings for the purpose of that Part.

2 Protection of open spaces from encroachment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where any right to require that any garden or ornamental ground as aforesaid be kept and maintained as such, or that the same shall not be built upon, shall belong to any person in right of any house or other property, and he shall by notice in writing signed by him addressed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to the corporate authorities in any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . city or borough, requesting the said. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . corporate authority to protect the right before mentioned, the said. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . corporate authority, after due inquiry, may, if they shall think fit, accede to such request; and then and thereupon the right of such person to require that such garden or ornamental ground to be maintained as such, or that the same shall not be built upon, shall thenceforth be vested in such. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . corporate authority, who shall be fully empowered, for and in their own name, to exercise all the rights, powers, and privileges in relation thereto, and take such legal proceedings for asserting, defending, and protecting the same, as the said person might have exercised or taken.

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Byelaws for management of garden, &c.
Where any such garden or ground is managed by any committee of the inhabitants of any square, crescent, circus, street, or place, such committee may make, and from time to time revoke and alter, byelaws for the management of the same, and for the preservation of the trees, shrubs, plants, flowers, rails, fences, seats, summer-houses, and other things therein, which byelaws shall be entered in a book kept for that purpose by the committee, signed by the chairman of the meeting at which the same shall be passed, and which book shall and may be produced and read, and taken as evidence of such byelaws, in all courts whatever; and any inhabitant or servant, or other person admitted to such garden by any inhabitant, offending against the same, after they shall have been duly allowed as herein-after provided, upon proof thereof . . ., shall be liable on summary conviction for each offence to a penalty not exceeding level 1 on the standard scale: Provided always, that such byelaws shall not come into operation until the same shall have been allowed by some judge of one of the Superior Courts, or by the Crown Court; and it shall be incumbent on such judge or [the Crown Court], on the request of such committee, to inquire into any byelaws tendered to them for that purpose, and to allow or disallow the same as they think meet.

5 Penalty for injuring garden.
Any person who throws any rubbish into any such garden, or trespasses therein, or gets over the railings or fence, or steals or damages the flowers or plants, or commits any nuisance therein, shall be guilty of an offence and shall be liable on summary conviction for each and every offence aforesaid to a penalty not exceeding level 1 on the standard scale, or to imprisonment for any period not exceeding fourteen days; and in case it shall be necessary to state in any proceedings the ownership of the property of such garden, flowers, or plants, it shall be sufficient to describe the same as the property of the committee by the name of A.B. and others.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Act not to extend to property of the Crown, or to property under the management of the Commissioners of works, &c.
Nothing in this Act shall extend to or include any garden, ornamental ground, or other land belonging to Her Majesty in right of her Crown or of her Duchy of Lancaster, or any garden, ornamental ground, or other land . . . under the management of the Secretary of State, or of the Commissioners for the time being acting under the Crown Estate Paving Act 1851, or to any garden, ornamental or other ground, for which special provision is made for the due care and protection thereof by any public or private Act of Parliament.

8 Extent of Act.
Nothing in this Act shall extend to Scotland or Ireland.


Prospective

1 Placing requests: children under school age
(1) In section 28A of the Education (Scotland) Act 1980 (c.44) (duty of education authority to comply with placing requests)—
(a) in subsection (1)—
(i) for “child of school age” there shall be substituted “ qualifying child ”; and
(ii) for “and (3A)” there shall be substituted “ , (3A) and (3F) ”;
(b) after subsection (3D) there shall be inserted—
“(3F)Where an education authority are carrying out the duty imposed on them by subsection (1) above in respect of a child such as is mentioned in subsection (6)(c) below, they shall place the child in the specified school—
(a) on the date (being the date fixed for that school under section 32(1) and (2) of this Act) next following the making of the placing request; or
(b) where that date has passed, as soon after that date as is reasonably practicable.”;
and
(c) after subsection (5) there shall be added—
“(6)In this section—
  * “primary school” does not include a nursery school or a nursery class; and
  * “qualifying child” means—
    (a) a child of school age;
    (b) a child who has commenced attendance at a primary school but is not of school age; or
    (c) a child who is not of school age and who, on the date (being the date fixed under subsections (1) and (2) of section 32 of this Act for the purposes of subsection (6) of that section) next following the making of the request under subsection (1) above, will be eligible under this Act to commence attendance at a primary school.”.
(2) Subsection (1) above does not apply in relation to section 28A of that Act as substituted, in relation to a recorded child, by paragraph 3 of Schedule A2 to that Act.
(3) In section 28G of that Act (placing requests by young persons), after—
(a)“a”, where it third occurs; and
(b)“the”, where it second occurs,
there shall be inserted “ qualifying ”.

2 Provisions relating to the abolition of the post of assistant headteacher
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Short title and commencement
(1) This Act may be cited as the School Education (Amendment) (Scotland) Act 2002.
(2) This Act (except this section) comes into force on such day as the Scottish Ministers may by order made by statutory instrument appoint; and different days may be so appointed for different purposes.


[10th February 2000]
WHEREAS the Provisional Order set forth in the Schedule hereunto annexed has been made by the Secretary of State under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, and it is requisite that the said Order should be confirmed by Parliament:
Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Confirmation of Order in Schedule
The Provisional Order contained in the Schedule hereunto annexed is hereby confirmed.

2 Short title
This Act may be cited as the Comhairle Nan Eilean Siar (Eriskay Causeway) Order Confirmation Act 2000.

SCHEDULEComhairle Nan Eilean Siar (Eriskay Causeway)
 1. Part I Preliminary
     1. 1.Short title.
     2. 2.Interpretation.
     3. 3.Incorporation of Lands Clauses Acts.
 2. Part II Works
     1. 4.Power to construct works, etc.
     2. 5.Power to renew, etc., works.
     3. 6.Power to deviate.
     4. 7.Subsidiary works.
     5. 8.Works deemed to be within na h'Eileanan an Iar.
     6. 9.Temporary use of land.
 3. Part III Land
     1. 10.Power to acquire land.
     2. 11.Period of compulsory purchase.
     3. 12.Private rights of way over lands taken compulsorily.
     4. 13.Powers of entry.
     5. 14.Further powers of entry.
     6. 15.Power to acquire servitudes or rights.
     7. 16.Correction of errors in deposited plan and book of reference.
     8. 17.Disregard of recent improvements and interests.
 4. Part IV Miscellaneous
     1. 18.Tidal works not to be executed without approval of Secretary of State.
     2. 19.Lights on tidal works during construction.
     3. 20.Permanent lights on tidal works.
     4. 21.Survey of tidal works.
     5. 22.Provision against danger to navigation.
     6. 23.Abatement of works abandoned or decayed.
     7. 24.Saving for certain enactments, etc.
     8. 25.Saving for Coast Protection Act 1949.
     9. 26.For protection of Scottish and Southern Energy plc.
    10. 27.No double recovery.
    11. 28.Crown rights.
 5. Schedules:
     1. Schedule 1
        The authorised works.
     2. Schedule 2
        Temporary working site.
Provisional Order to authorise Comhairle Nan Eilean Siar to construct a causeway for pedestrian and vehicular traffic between the islands of South Uist and Eriskay in na h'Eileanan an Iar; to acquire lands; and for connected purposes.
WHEREAS—
(1) Under the [1994 c. 39.] Local Government etc. (Scotland) Act 1994 Comhairle Nan Eilean Siar (hereinafter called “the Comhairle”) are the local authority vested with the functions of a council in respect of the administrative area known as na h'Eileanan an Iar which includes the islands of South Uist and Eriskay:
(2) The inhabitants of the island of Eriskay suffer hardship and difficulty due to the lack of proper communication across the Sound of Eriskay between that island and the island of South Uist and accordingly experience difficulty in transporting building materials, equipment, livestock and vehicles to and from the island of Eriskay:
(3) It is the Comhairle’s policy to maintain remote communities and to procure that wherever possible they have reasonable access to the more populated and better provided-for localities within the islands:
(4) The Comhairle are the body statutorily responsible for the provision of roads in na h'Eileanan an Iar:
(5) The Comhairle accordingly desire to construct between the islands of South Uist and Eriskay a causeway across waters now lying below the level of low water and related works which will, in their opinion, help to maintain the present population of Eriskay and will also relieve hardship:
(6) A plan and sections showing the lines or situations and levels of the works proposed to be authorised by this Order, such plan showing also the lands which may be compulsorily acquired or used under the powers of this Order, together with a book of reference to the said plan containing the names of the owners or reputed owners, lessees or reputed lessees and occupiers of all such lands, have been deposited with the sheriff-clerk of the sheriff court district of Lochmaddy at Lochmaddy:
(7) The purposes of this Order cannot be effected without an Order confirmed by Parliament under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936:
Now therefore, in pursuance of the powers contained in the said Act of 1936, the Secretary of State orders as follows:—

Part IPreliminary

1 Short title
This Order may be cited as the Comhairle Nan Eilean Siar (Eriskay Causeway) Order 2000.

2 Interpretation
(1) In this Order, except where the context otherwise requires—
  * “the authorised works” means the works (or any of them) authorised by section 4 below and includes such works as renewed, replaced or altered under section 5 below, and any works constructed or executed under section 7 below;
  * “the Comhairle” means the Comhairle Nan Eilean Siar;
  * “the deposited plan”,“the deposited sections” and“the deposited book of reference” mean respectively the plan, sections and book of reference duly deposited in Parliament, with the proper officer of the Comhairle and with the sheriff-clerk of the sheriff court district of Lochmaddy in connection with the application for this Order;
  * “the level of high water” means the level of mean high-water springs;
  * “the limits of deviation” means the limits of deviation shown on the deposited plan;
  * “reference point” means Ordnance Survey National Grid reference point; and
  * “tidal work” means so much of any of the authorised works as are on, under or over tidal waters or tidal lands below the level of high water.
(2) All directions, distances, lengths and widths stated in any description of works, powers or lands in this Order shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and width.
(3) Any reference in this Order to a work identified by the number of that work shall be construed as a reference to the work of that number authorised by this Order.
(4) References in this Order to points identified by letters shall be construed as references to the points so lettered on the deposited plan.
(5) References in this Order to access to any place shall include reference to egress from that place.

3 Incorporation of Lands Clauses Acts
The Lands Clauses Acts, except sections 120 to 124 and 127 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845, are hereby incorporated with this Order and in construing the provisions so incorporated the expression “the special Act” shall mean this Order.

Part IIWorks

4 Power to construct works, etc
Subject to the provisions of this Order, the Comhairle may, in the lines and situations and within the limits of deviation shown on the deposited plan and according to the levels shown on the deposited sections, construct, execute and maintain in the Lochboisdale and Eriskay Electoral Division, parish of South Uist in na h'Eileanan an Iar the works described in Schedule 1 to this Order with all necessary works and conveniences connected therewith.

5 Power to renew, etc., works
Subject to the provisions of this Order, the Comhairle may, within the limits of deviation, renew, replace, or otherwise alter temporarily or permanently, the authorised works.

6 Power to deviate
Subject to the provisions of this Order, in the construction or execution of the authorised works the Comhairle may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.

7 Subsidiary works
Subject to the provisions of this Order, the Comhairle, for the purposes of or in connection with the authorised works, may within the limits of deviation construct, execute and maintain all such subsidiary works and conveniences as may be necessary or expedient for or in connection with the authorised works.

8 Works deemed to be within na h'Eilenan an Iar
So much of the authorised works constructed or executed pursuant to this Order as are not within na h'Eileanan an Iar shall be deemed for all purposes to be within that area.

9 Temporary use of land
The provisions set out in Schedule 2 to this Order shall have effect with respect to the temporary use of land by the Comhairle.

Part IIILand

10 Power to acquire land
Subject to the provisions of this Order, the Comhairle may enter upon, take and use all or any of the lands within the limits of deviation and described in the deposited book of reference which they may require for the purposes of the authorised works or for any other purposes of this Order.

11 Period of compulsory purchase
The powers of the Comhairle for the compulsory purchase of lands under section 10 above shall cease on the tenth anniversary of the passing of the Act confirming this Order.

12 Private rights of way over lands taken compulsorily
(1) All private rights of way and rights of access over any lands which under the powers of this Order are acquired compulsorily shall as from the date of such acquisition be extinguished.
(2) All rights of way and rights of access over any lands of which the Comhairle may take temporary possession under this Order shall be suspended and unenforceable against the Comhairle for as long as the Comhairle shall remain in lawful possession of the land.
(3) The Comhairle shall make compensation to all parties interested in respect of any such rights and such compensation shall be assessed, failing agreement, in the manner provided by the [1963 c. 51.] Land Compensation (Scotland) Act 1963 for determining disputed compensation for lands authorised to be acquired compulsorily.

13 Powers of entry
At any time after notice to treat has been served for any land which the Comhairle are authorised by this Order to purchase compulsorily the Comhairle may, after giving to the owner and occupier of the land not less than 28 days' notice, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent or compliance with sections 83 to 89 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845 but subject to the payment of the like compensation for the land of which possession is taken and interest on the compensation awarded as would have been payable if those provisions had been complied with.

14 Further powers of entry
(1) Subject to the provisions of this Order, the Comhairle and any person duly authorised in writing by the Comhairle, may at all reasonable times in the day upon giving on the first occasion not less than seven days' and on subsequent occasions not less than three days' notice in writing to the occupier, enter upon and into the lands by this Order authorised to be taken or used or any of them, for the purpose of—
(a) surveying and valuing the said lands; and
(b) searching and boring for the purpose of ascertaining the nature of the subsoil or the presence of minerals therein.
(2) The powers of subsection (1)(b) above shall not be exercised with respect to any land unless notice of the intention of the Comhairle to do so has been included, and the site location and the nature of the operations proposed to be carried out have been specified, in the notice required to be given to the occupier of the land pursuant to subsection (1) above and in any such case the Comhairle shall not be required to give further notice in respect of any subsequent entry on the land for the purposes of carrying out the operations specified in the notice.
(3) In the exercise of the powers conferred by this section, the Comhairle shall cause as little detriment and inconvenience to any person as circumstances allow and shall make compensation to the owners and occupiers of any lands or the owners of any services injuriously affected by the exercise of such powers, such compensation in case of difference to be determined in accordance with the provisions of the [1963 c. 51.] Land Compensation (Scotland) Act 1963.

15 Power to acquire servitudes of rights
(1) Instead of acquiring any land that may be acquired compulsorily under this Order the Comhairle may acquire compulsorily such servitudes and rights in or over that land as they may require for the purposes of this Order.
(2) The Comhairle may give notice to treat in respect of any such servitude or right describing the nature thereof, and the provisions of the Lands Clauses Acts shall apply in relation to the acquisition of such servitudes and rights as if they were lands within the meaning of those Acts.
(3) Where the Comhairle have acquired a servitude or right in or over any land under this section—
(a) they shall not be required (except by agreement) to fence off or sever that land from adjoining land; and
(b) the owner or occupier of the land for the time being shall, subject to the servitude or right, have the same right to use and cultivate the land as if this Order had not been made.
(4) If in his particulars of claim the owner of any land in respect of which notice to treat for a servitude or right is given under this section requires the Comhairle to acquire the land, the Comhairle shall not be entitled to acquire the servitude or right unless the Lands Tribunal for Scotland determines that the servitude or right can be granted without material detriment to the land or, in the case of a park or garden belonging to a house, without seriously affecting the amenity or convenience of the house.
(5) A notice to treat given under this section shall be endorsed with notice of the effect of subsection (4) above.
(6) References in this Order to the acquisition of new rights are references to the acquisition of rights (whether real or personal) to be created in favour of the Comhairle.

16 Correction of errors in deposited plan and book of reference
(1) If the deposited plan or the deposited book of reference is inaccurate in its description of any land or in its statement or description of the ownership or occupation of any land, the Comhairle, after giving not less than 10 days' notice to the owner, lessee and occupier of the land in question, may apply to the sheriff for the correction thereof.
(2) If on any such application it appears to the sheriff that the misstatement or wrong description arose from mistake, he shall certify the fact accordingly and shall in his certificate state in what respect any matter is misstated or wrongly described.
(3) The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy thereof respectively in the Private Bill Office, House of Commons, with the sheriff-clerk of the sheriff court district of Lochmaddy and with the Proper Officer of the Comhairle within the meaning of section 235 of the [1973 c. 65.] Local Government (Scotland) Act 1973, and thereupon the deposited plan and the deposited book of reference shall be deemed to be corrected according to the certificate, and it shall be lawful for the Comhairle to take the land or a servitude therein (as the case may be) and execute the works in accordance with the certificate.
(4) Any certificate or copy deposited under this section with any person shall be kept by him with the other documents to which it relates.
(5) In this section“the sheriff” means the sheriff principal of, or any sheriff appointed for, the Sheriffdom of Grampian, Highland and Islands.

17 Disregard of recent improvements and interests
In determining a question with respect to compensation claimed in consequence of the compulsory purchase of land or of rights or servitudes in or over land under this Order, the Lands Tribunal for Scotland shall not take into account—
(a) any interest in land; or
(b) any enhancement of the value of any interest in land, by reason of any building erected, works executed or improvement or alteration made (whether on the land purchased or on any other land with which the claimant is, or was at the time of the erection, executing or making of the building, works, improvement or alteration, directly or indirectly concerned);
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works, or the making of the improvement or alteration, as the case may be, was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

Part IVMiscellaneous

18 Tidal works not to be executed without approval of Secretary of State
(1) A tidal work shall not be constructed, executed, renewed, replaced or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
(2) If a tidal work is constructed, executed, renewed, replaced or altered in contravention of this section—
(a) the Secretary of State may by notice in writing require the Comhairle at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Comhairle, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
(b) if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Comhairle.

19 Lights on tidal works during construction
(1) The Comhairle shall at or near a tidal work during the whole time of the construction, execution, renewal, replacement or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.
(2) If the Comhairle fail to comply in any respect with a direction given under this section they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

20 Permanent lights on tidal works
(1) After the completion of a tidal work the Comhairle shall exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
(2) If the Comhairle fail to comply in any respect with a direction given under this section they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

21 Survey of tidal works
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey and examination shall be recoverable from the Comhairle.

22 Provision against danger to navigation
(1) In the case of injury to or destruction or decay of a tidal work or any part thereof the Comhairle shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
(2) If the Comhairle fail to notify the Commissioners of Northern Lighthouses as required by this section or to comply in any respect with a direction given under this section they shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.

23 Abatement of works abandoned or decayed
(1) Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Comhairle at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
(2) Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this section.
(3) If, on the expiration of 30 days from the date when a notice under this section is served upon the Comhairle, they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by him in so doing shall be recoverable from the Comhairle.

24 Saving for certain enactment, etc
(1) Nothing in this Order affects the operation of—
(a) the [1974 c. 40.] Control of Pollution Act 1974;
(b) any of the relevant statutory provisions as defined in section 53 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974;
(c) Part II of the [1985 c. 48.] Food and Environment Protection Act 1985;
(d) the [1990 c. 43.] Environmental Protection Act 1990;
(e) the [1995 c. 25.] Environment Act 1995.
(2) Nothing in this Order affects prejudicially the jurisdiction or authority of the Commissioners of Northern Lighthouses.

25 Saving for Coast Protection Act 1949
Nothing in this Order exempts the Comhairle from the provisions of Part I of the [1949 c. 74.] Coast Protection Act 1949.

26 For protection of Scottish and Southern Energy plc
(1) For the protection of Scottish and Southern Energy plc the following provisions shall, save to the extent that the company may release the Comhairle therefrom, apply and have effect.
(2) In this section unless the subject or context otherwise requires—
  * “apparatus” means—
    (a) any electrical plant or electric line as respectively defined in section 64 of the [1989 c. 29.] Electricity Act 1989; and
    (b) any meter used for ascertaining the quantity of electricity supplied to any premises, not being a meter which is under the control of a consumer;
  * “the company” means Scottish and Southern Energy plc;
  * “in” in a context referring to apparatus includes under, over, across, along or upon;
  * “plan” includes a section and description; and
  * “position” includes depth.
(3)(a)Nothing in this Order relieves the Comhairle from liability for damage caused by them to any apparatus in the exercise of the powers conferred on them by this Order and the Comhairle shall indemnify the company against all claims, demands, costs, damages and expenses made or taken against or recovered from or incurred by the company by reason or in consequence of any damage done by the Comhairle to any apparatus or of any interruption in the supply by the company of electricity which may without the written authority of the company be in any way occasioned either by reason of the exercise of any of the powers of this Order or by the acts or defaults (in, or in connection with, such exercise) of the Comhairle.
(b) If in consequence of the exercise by the Comhairle of the powers of this Order the access to any apparatus is materially obstructed, the Council shall provide an alternative means of access to such apparatus.
(4) If the Comhairle in exercise of the powers of section 4, 5 or 7 above require to cross over or under, remove, alter or otherwise interfere with any apparatus, or if the exercise of such powers is likely to affect any apparatus, the Comhairle shall—
(a) give to the company not less than 28 days' prior notice in writing of such requirement or (as the case may be) of their intention to exercise such powers, together with a plan of the work proposed, and shall execute the work only in accordance with such plans and in accordance with such reasonable requirements as may within 21 days of the receipt of the plan be made by the company, and the company may under such requirements alter or otherwise protect the apparatus or provide alternative apparatus adequate to enable them to fulfil their statutory functions not less efficiently than before (hereinafter referred to as “alternative apparatus”);
(b) afford to the company, where possible, any necessary facilities and rights for the construction, use, maintenance, repair, renewal and inspection of any alternative apparatus;
(c) pay to the company the expense reasonably incurred by them in and in connection with removing, re-laying, replacing, altering or protecting the apparatus or providing alternative apparatus less (in a case where alternative apparatus is provided) the value of any apparatus removed pursuant to this section.
(5) Alternative apparatus, if provided under this section shall be constructed in such manner and in such line or position as may be agreed between the Comhairle and the company, and no apparatus shall be removed, altered or interfered with until any protective works required have been carried out or until alternative apparatus required has been provided and is operating to the reasonable satisfaction of the company.
(6)(a)Any difference arising between the Comhairle and the company under this section shall be referred to and determined by an arbiter to be mutually agreed upon, or failing such agreement be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Electrical Engineers.
(b) In settling any difference under this section the arbiter shall have regard to any duties or obligations which the company may be under in respect of any apparatus and may if he thinks fit require the Comhairle to execute within the limits of deviation any temporary or other works so as to avoid so far as may be reasonably possible interference with any purpose for which the apparatus is used.

27 No double recovery
Compensations shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or rule of law.

28 Crown rights
(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Comhairle to take, use, enter upon or in any manner interfere with, any land or hereditament (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description—
(a) belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
(b) belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
(2) A consent under subsection (1) above may be given unconditionally or subject to conditions.

SCHEDULES
Section 4

SCHEDULE 1THE AUTHORISED WORKS
  * Work No. 1 A causeway providing an accessway for pedestrian and vehicular traffic between the islands of South Uist and Eriskay commencing on the island of South Uist at reference point NF 078128 813920, extending over the Sound of Eriskay in a generally southerly direction to Eel Rocks, across Eel Rocks then through a curve in a generally south-south easterly direction over the Sound of Eriskay and along the shore of the island of Eriskay and terminating at reference point NF 078885 812095, having a width at the level of the metalled carriageway generally of 10 metres but increasing to 11 metres on its curved sections and surrounded on both its seaward faces by breakwaters of broken rock construction and incorporating—
    (a) a marine culvert (the northern culvert) at a point 340 metres south of the commencement of the causeway, having a span of not less than 10 metres and a headway beneath its soffit of not less than 1.8 metres above chart datum; and
    (b) a marine culvert (the southern culvert) at a point 1330 metres south of the commencement of the causeway, having a span of not less than 5 metres and a headway beneath its soffit of not less than 1.8 metres above chart datum.
  * Work No. 2 An approach road on the island of South Uist, commencing by a junction with the existing road known as the Kilbride/Glendale Road at reference point NF 077884 814237, extending in a generally south-easterly direction for a distance of 470 metres and terminating at the point of commencement of Work No. 1.
  * Work No. 3 An approach road on the island of Eriskay, commencing at the point of termination of Work No. 1, extending in a generally south-easterly direction for a distance of 180 metres and terminating by a junction with the existing road known as the Eriskay Township Road at reference point NF 078969 811939.
Section 9

SCHEDULE 2TEMPORARY WORKING SITE
1 In this Schedule “the designated land” means so much of the land numbered 3 on the deposited plan as lies within a line marked “Limit of land to be used”.
2 The Comhairle, in connection with the construction of Works Nos. 1, 2 and 3 and after giving to the owners and occupiers of the designated land not less than 28 days' notice in writing of intended entry, may—
(a) enter upon and take possession temporarily of the designated land;
(b) remove any structures and vegetation on the designated land;
(c) construct on the designated land such temporary works or structures as may be required by them; and
(d) use the designated land as a working site and for the deposit and storage of materials.
3 The Comhairle may form and lay out a temporary means of access to the land numbered 3 at point A.
4 The Comhairle shall not, by reason of the exercise of the powers of paragraph 2 or 3 above, be required to purchase any part of the designated land.
5 On the exercise of the powers conferred by paragraph 2 or 3 above, the following provisions shall have effect:—
(1) The Comhairle shall not, without the agreement of the owners and occupiers of the designated land, remain in possession of any part thereof after a period of one year from the completion of the works for which such possession has been taken;
(2) Before giving up possession of the designated land, the Comhairle shall—
(a) remove all temporary works or structures subject to any agreement to the contrary with the owners and occupiers; and
(b) restore the designated land to the reasonable satisfaction of the owners and occupiers thereof;
(3) The Comhairle shall compensate the owners and occupiers of the designated land for any loss or damage which may result to them by reason of the exercise of the powers of this Schedule;
(4) Nothing in this Schedule shall relieve the Comhairle from liability to compensate under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under sub-paragraph (3) above;
(5) Any dispute as to a person’s entitlement to compensation under sub-paragraph (3) above or as to the amount thereof shall be determined by the Lands Tribunal for Scotland.


[23rd June 1970]

1 Power to increase amounts payable under existing orders.
Subs.(1) rep. by SLR 1980
(2) Any order made by a court of summary jurisdiction before the commencement of this Act may be varied so as to include, from the date of the variation, provision for the payment of such increased sums as would have been lawful if the order had been made after the commencement of this Act.
Subs.(3) rep. by SLR 1980
S.2 rep. by 1980 NI 5

3 Return of certain moneys received by collecting officers under orders for periodical payment.
(1) On the hearing of a complaint for the revocation, suspension, variation or discharge of an order for the periodical payment of money, a court of summary jurisdiction may order the return to the person against whom the order was made of the whole or any part of such part of the sum received under the order by the collecting officer under Article 85 of the Magistrates' Courts (Northern Ireland) Order 1981, as can not, at the time of the hearing, be paid to the person named in the order.
(2) Where a collecting officer makes an application in that behalf, a court of summary jurisdiction—
(a) may order the return to the person against whom an order for the periodical payment of money has been made of the whole or any part of such part of the sum received under the order by the collecting officer under Article 85 of the Magistrates' Courts (Northern Ireland) Order 1981, as can not, at the time of the hearing of the application, be paid to the person named in the order; and
(b) may suspend any such order.
(3) An application under subsection (2) shall be made in accordance with magistrates' courts rules and Articles 77(2) and 81(2) of the Magistrates' Courts (Northern Ireland) Order 1981 shall not apply in relation to the proceedings on any such application.
(4) Subsections (1) and (2) apply to orders for the periodical payment of money made before or after the commencement of this Act.

4 Short title.
This Act may be cited as the Maintenance and Affiliation Orders Act (Northern Ireland) 1970.

Schedule rep. by 1980 NI 5; SLR 1980


[29th July 1960]

1 Cases where contracts need not be under seal.
(1) Contracts may be made on behalf of any body corporate, wherever incorporated, as follows:—
(a) a contract which if made between private persons would be by law required to be in writing, signed by the parties to be charged therewith, may be made on behalf of the body corporate in writing signed by any person acting under its authority, express or implied, and
(b) a contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by parol on behalf of the body corporate by any person acting under its authority, express or implied.
(2) A contract made according to this section shall be effectual in law, and shall bind the body corporate and its successors and all other parties thereto.
(3) A contract made according to this section may be varied or discharged in the same manner in which it is authorised by this section to be made.
(4) Nothing in this section shall be taken as preventing a contract under seal from being made by or on behalf of a body corporate.
(5) This section shall not apply to the making, variation or discharge of a contract before the commencement of this Act but shall apply whether the body corporate gave its authority before or after the commencement of this Act.

2 Exclusion of companies etc
This Act does not apply to—
(a) a company registered under the Companies Act 2006,
(b) a company incorporated outside the United Kingdom, or
(c) a limited liability partnership.

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4†Short title, repeal and extent.
(1) This Act may be cited as the Corporate Bodies’ Contracts Act 1960.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) This Act shall not affect the law of Scotland or . . . of Northern Ireland.

SCHEDULE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .