Banking Act 1979

JurisdictionUK Non-devolved
(1) In section 74 of the Notwithstanding anything in subsection (3) (b) above, in relation to a debtor-creditor agreement under which the creditor is the Bank of England or a bank within the meaning of the Bankers’ Book Evidence Act 1879, the Director shall make a determination that subsection (1) (b) above applies unless he considers that it would be against the public interest to do so(2) Nothing in sections 114 to 122 of the Consumer Credit Act 1974 (pledges) shall be taken to apply to bearer bonds and, accordingly, in paragraph (a) of subsection (3) of section 114 of that Act (exclusion of pledges of documents of title) after the word “title” there shall be inserted the words “ or of bearer bonds ”.(3) In section 185(2) of the Consumer Credit Act 1974 (which relates to dispensing notices given by one or two or more debtors to whom running-account credit is provided) at the end of the proviso there shall be added the following paragraph:—
  • (c) a dispensing notice which is operative in relation to an agreement shall be operative also in relation to any subsequent agreement which, in relation to the earlier agreement, is a modifying agreement
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a dispensing notice which is operative in relation to an agreement shall be operative also in relation to any subsequent agreement which, in relation to the earlier agreement, is a modifying agreement
  • In any circumstances in which proof of absence of negligence on the part of a banker would be a defence in proceedings by reason of section 4 of the
  • (1) The amendments in Part I of Schedule 6 to this Act being amendments consequential on the provisions of this Act, shall have effect, subject to the savings in Part II of that Schedule.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(1) This Act may be cited as the Banking Act 1979.(2) This Act extends to Northern Ireland.(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .shall be construed as a reference to the day appointed under this section for the coming into operation of that provison; andwhere different days are appointed for different purposes of that provision, shall be construed, unless an order under this section otherwise provides, as a reference to the first day so appointed.
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  • (1) For section 9 of the Bankers’ Books Evidence Act 1879 (meaning of “bank”, “banker”, and “bankers’ books” for the purposes of that Act) there shall be substituted the following section:—
      (9) Interpretation of “bank”, “banker”, and “bankers’ books”.
    • “(1) In this Act the expressions “bank” and “banker” mean—
    • (a) a recognised bank, licensed institution or municipal bank, within the meaning of the Banking Act 1979;
    • (b) a trustee savings bank within the meaning of section 3 of the Trustee Savings Banks Act 1969;
    • (c) the National Savings Bank;
    • (d) the Post Office, in the exercise of its power to provide banking services.
    a recognised bank, licensed institution or municipal bank, within the meaning of the Banking Act 1979;a trustee savings bank within the meaning of section 3 of the Trustee Savings Banks Act 1969;the National Savings Bank;the Post Office, in the exercise of its power to provide banking services.Expressions in this Act relating to “bankers’ books” include ledgers, day books, cash books, account books and other records used in the ordinary business of the bank, whether those records are in written form or are kept on microfilm, magnetic tape or any other form of mechanical or electronic data retreival mechanism.(2) In subsection (7) of section 5 of the Agricultural Credits Act 1928 (agricultural charges on farming stock and assets) for the definition of “Bank” there shall be substituted the following definition:—
      Bank” means the Bank of England, a recognised bank or licensed institution within the meaning of the Banking Act 1979, a trustee savings bank within the meaning of section 3 of the Trustee Savings Banks Act 1969 or the Post Office, in the exercise of its powers to provide banking services
    .
    (3) In subsection (2) of section 9 of the Agricultural Credits (Scotland) Act 1929 (interpretation) , for the definition of “Bank” there shall be substituted the following definition:—
      Bank” means the Bank of England, a recognised bank or licensed institution within the meaning of the Banking Act 1979, a trustee savings bank within the meaning of section 3 of the Trustee Savings Banks Act 1969 or the Post Office, in the exercise of its powers to provide banking services
    .
    (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . .

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