1964_ROYAL_BANK_OF_SCOTLAND_ORDINANCE — Page 12

1985 Ed.]

Royal Bank of Scotland

[CAP. 1138

11

title of the fund) there were substituted a reference to the Bank, but for the purpose of ascertaining and calculating the right to benefits under the fund, service or employment with Royal Bank of Scotland prior to the appointed day shall be taken into account as if it were service or employment with the Bank.

10. (1) Where by virtue of this Ordinance any right or liability Claims, actions, of Royal Bank of Scotland becomes a right or liability of the Bank,

etc., not to abate. the Bank and all other persons shall, on and from the appointed day, 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, claiming, perfecting or enforcing that right or liability as if it had at all times been a right or liability of the Bank; and any claim (including any contingent claim), action, arbitration or proceeding and any cause of action, arbitration or proceeding and any applica- tion to any authority which shall, immediately before the appointed day, be pending or existing by, against or in favour of Royal Bank of Scotland shall not abate or be discontinued or in any way prejudic- ially affected by reason of the provisions of this Ordinance, but the same may, on and from the appointed day, only be made, continued, prosecuted and enforced by or against or in favour of the Bank as and when it might have been made, continued, prosecuted and enforced by or against or in favour of Royal Bank of Scotland if this Ordinance had not been passed.

(2) Any judgment, decree, order or award obtained by or against Royal Bank of Scotland and not fully satisfied before the appointed day, shall, to the extent to which it is enforceable by or against Royal Bank of Scotland, only be enforceable, on and from the appointed day, by or against the Bank.

(3) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Royal Bank of Scotland, whether alone or with others, before the appointed day.

11. (1) On and from the appointed day, Part III of the Evidence Ordinance shall apply to the banker's records of Royal Bank of Scotland transferred to the Bank by virtue of this Ordi- nance, and to entries made therein before the appointed day, as if such banker's records were the banker's records of the Bank.

(2) For the purposes of section 20 of the Evidence Ordinance, banker's records so transferred to the Bank shall be deemed to have been the ordinary banker's records of the Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business.

(3) In this section "banker's records" shall be construed in accordance with section 2 of the Evidence Ordinance.

Application of Part III of Evidence Ordinance:

(Cap. 8.)

(Cap. 8.)

(Cap. 8.)