Australia and New Zealand Banking Group Act 1996

Part IVMiscellaneous

12Application 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”.

13Costs 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.