National Debt Act 1870 (1870 c. 71)

Preliminary

1 Short title.

This Act may be cited as “The National Debt Act 1870.”

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1] Ss. 2, 4 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

3 Interpretation of terms.

In this Act—

[F2] Definition repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

[F3] S. 3: definition of “Stockholder” substituted (26.11.2001) by S.I. 2001/3755, reg. 51, Sch. 7 Pt. I para. 1 (with regs. 39, 45)

[F4] Words in s. 3 substituted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(2)(a) (with art. 3)

[F2] Definition repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

[F5] Words in s. 3 omitted (1.7.2004) by virtue of The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(2)(b) (with art. 3)

[F6] Words in s. 3 inserted (15.11.2004) by Government Stock (Consequential and Transitional Provision) (No.3) Order 2004 (S.I. 2004/2744), art. 1, Sch. para. 1(2) (with art. 3)

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7] Ss. 2, 4 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

Denominations and Incidents of Stock

5 Continuance of existing permanent funded debt on existing terms.

The perpetual annuities described in the first schedule to this Act, to the respective amounts thereof subsisting at the passing of this Act, and the several capital sums in respect whereof those several annuities are payable, do and shall form part of the National Debt, . . .

All the annuities aforesaid shall respectively continue redeemable by Parliament . . . , at the rate of one hundred pounds sterling for every one hundred pounds of the capital sums in respect whereof they are payable . . .

[F8] Words repealed by Statute Law Revision Act 1950 (c. 6)

[F8] Words repealed by Statute Law Revision Act 1950 (c. 6)

[F9] Words repealed by Finance Act 1942 (c. 21), Sch. II, Pt. III

6 Stock charged on consolidated fund.

The annuities and dividends aforesaid shall continue to be charged on and payable out of the National Loans Fund with recourse to the consolidated fund.

[F10] Words inserted by National Loans Act 1968 (c. 13), Sch. 5

7—10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11] Ss. 7 - 10, 17 repealed by Statute Law Revision Act 1950 (c. 6)

11 Annuities to be several joint stocks.

The annuities of each denomination mentioned in the first schedule to this Act taken together shall continue to constitute one capital or joint stock; and all persons for the time being entitled thereto shall continue to have a proportional interest in every such capital or joint stock.

Payment of Dividends

12 Money for payment to be issuable.

Sufficient money to pay the dividends on all stock, with the charges attending the same, shall continue to be from time to time issuable for that purpose out of the National Loans Fund.

[F12] Words substituted by National Loans Act 1968 (c. 13), Sch. 5

13 Registrar of Government Stock to employ suitably qualified persons

[F13] S. 13 substituted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(3) (with art. 3)

Until all stock is redeemed, the Registrar of Government Stock must employ suitably qualified persons to administer the payment of the dividends on stock.

14 Issue by Treasury.

[F14] S. 14 substituted (15.11.2004) by Government Stock (Consequential and Transitional Provision) (No.3) Order 2004 (S.I. 2004/2744), art. 1, Sch. para. 1(3) (with art. 3)

(1) The money from time to time and at any time—

(a) issuable out of the National Loans Fund, and

(b) by this Act made applicable to the payment of the dividends on stock,

shall, by order of the Treasury, without other warrant, from time to time be issued and made available for the payment of those dividends.

(2) The Registrar of Government Stock shall from time to time notify the Treasury of the amount of the money to be so issued which he requires to be made available to him for the making of payments in respect of those dividends.

(3) The Treasury shall make that amount available to the Registrar of Government Stock for the making of such payments.

15 Application of money by Registrar of Government Stock

[F15] S. 15 substituted (15.11.2004) by Government Stock (Consequential and Transitional Provision) (No.3) Order 2004 (S.I. 2004/2744), art. 1, Sch. para. 1(4) (with art. 3)

The Registrar of Government Stock shall without delay apply in payment of the dividends on stock the money from time to time so made available to him.

16 Accounting by Registrar of Government Stock

[F16] S. 16 substituted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(6) (with art. 3)

The Registrar of Government Stock shall from time to time render his accounts relating to the money made available to him for the payment of the dividends on stock and those accounts shall be audited, as the Treasury from time to time direct, but the Treasury may, if they think fit, dispense with such audit.

[F17] Words in s. 16 substituted (15.11.2004) by Government Stock (Consequential and Transitional Provision) (No.3) Order 2004 (S.I. 2004/2744), art. 1, Sch. para. 1(5) (with art. 3)

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18] Ss. 7 - 10, 17 repealed by Statute Law Revision Act 1950 (c. 6)

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19] S. 18 repealed by Statute Law Revision Act 1966 (c. 5)

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20] S. 19 repealed by Statute Law Revision Act 1950 (c. 6)

20–21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21] Ss. 20, 21 repealed by National Debt Act 1889 (c. 6), s. 6

22-42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22] Ss. 22 - 42 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

43—50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23] Ss. 43 - 50 repealed by Finance Act 1942 (c. 21), Sch. 11 Pt. III

Unclaimed Dividends

51—53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24] Ss. 51 - 53 repealed by Miscellaneous Financial Provisions Act 1955 (4 & 5 Eliz. 2 c. 6), Sch. 2 Pt. III

54 Subsequent dividends on stock transferred to be invested, &c.

Where stock is transferred under this part of this Act all dividends accruing thereon after the transfer shall be paid to the National Debt Commissioners, and shall . . . be placed to their account of unclaimed dividends.

All such dividends . . . shall be held by those Commissioners for the public, subject to the claims of the parties entitled thereto.

[F25] Words repealed by Finance Act 1949 (c. 47), Sch. II Pt. VII

[F25] Words repealed by Finance Act 1949 (c. 47), Sch. II Pt. VII

55 Re-transfer and payment to person showing title.

The Registrar of Government Stock may re-transfer any stock transferred under this Part to any person showing his right to it to the satisfaction of the Registrar of Government Stock, and pay the dividends due on it, as if the stock or dividends had not been transferred or paid to the National Debt Commissioners.

But in case the Registrar of Government Stock is not satisfied of the right of any person claiming to be entitled to any such stock or dividends, the claimant may, by petition in a summary way, state and verify his claim to the Court of Chancery.

The petition shall be served on Her Majesty’s Attorney General and on the National Debt Commissioners, and the Court shall make such order thereon (either for re-transfer of the stock to which the petition relates and payment of the dividends accrued thereon, or otherwise), and touching the costs of the application, as to the Court seems just.

All costs and expenses incurred by or on behalf of the Attorney General, or the National Debt Commissioners, in resisting or appearing on any such petition, if not ordered by the Court to be paid out of the stock and dividends thereby claimed, shall be paid by the National Debt Commissioners, out of unclaimed dividends.

Where any re-transfer or payment is made to any such claimant, either with or without the authority of the Court, theRegistrar of Government Stock . . . shall give notice thereof to the National Debt Commissioners, within three days after making the same.

[F26] Words in s. 55 substituted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(7)(a) (with art. 3)

[F27] Words in s. 55 substituted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(7)(b) (with art. 3)

[F28] Words in s. 55 substituted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(7)(c) (with art. 3)

[F29] Words in s. 55 repealed (28.10.2002) by The Irish Registers of Government Stock (Closure and Transfer) Order 2002 (S.I. 2002/2521), arts. 1(2), 2(1), Sch. 2 Pt. 1 (with art. 9)

56–57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30] Ss. 56, 57 repealed by Finance Act 1937 (c. 54), Sch. 6, Pt. II

58 Application to court to rescind order.

At any time before re-transfer of stock or payment of dividend as aforesaid to a claimant any person may apply to the Court of Chancery, by motion or petition, to rescind or vary any order made for re-transfer or payment thereof.

59 Bank and Registrar of Government Stock not responsible to second claimant

[F31] S. 59 substituted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(8) (with art. 3)

(1) Where any stock or dividends have been re-transferred or paid as aforesaid to a claimant by the Bank of England, the Registrar of Government Stock or any previous Registrar of Government Stock and is or are afterwards claimed by another person, none of the persons mentioned in subsection (2) shall be responsible for that stock or those dividends to that other claimant but he may have recourse against the person to whom the re-transfer or payment was made.

(2) Those persons are—

(a) the Bank of England;

(b) the Registrar of Government Stock;

(c) any previous Registrar of Government Stock;

(d) any officer of any of the persons mentioned in paragraphs (a) to (c).

60 Order in favour of second claimant showing title.

Provided, that if in any case a new claimant establishes his title to any stock or dividends re-transferred or paid to a former claimant, and is unable to obtain transfer or payment thereof from the former claimant, the Court of Chancery shall, on application by petition by the new claimant, verified as the Court requires, order the National Debt Commissioners to transfer to him such sum in stock, and to pay to him such sum in money for dividend, as the Court thinks just.

Such transfer shall be made from stock transferred to the National Debt Commissioners under this part of this Act; and such money for dividend shall be paid from dividends received by those Commissioners on stock so transferred, or the accumulations thereof, . . . or from other money at their disposal.

[F32] Words repealed by Finance Act 1949 (c. 47), Sch. II Pt. VII

61–63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33] Ss. 61 - 63 repealed by Miscellaneous Financial Provisions Act 1955 (4 & 5 Eliz. 2 c. 6), Sch. 2 Pt. III

64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34] S. 64 repealed by Bank Act 1892 (c. 48), Sch. Pt. II

65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35] S. 65 repealed by Miscellaneous Financial Provisions Act 1955 (4 & 5 Eliz. 2 c. 6) Sch. 2 Pt. III

66 Indemnity to Banks.

TheRegistrar of Government Stock, any previous Registrar of Government Stock and the Banks of England and Ireland and their respective governors, deputy governors, and officers are hereby indemnified in respect of any transfer or re-transfer of stock or payment of dividends under this part of this Act, and shall not be in any manner responsible to any person having or claiming any interest therein.

[F36] Words in s. 66 inserted (1.7.2004) by The Government Stock (Consequential and Transitional Provision) (No. 2) Order 2004 (S.I. 2004/1662), art. 1, Sch. paras. 1, 3(9) (with art. 3)

67 Application of this part to stock already transferred, &c.

Where under any former Act relating to unclaimed stock or unclaimed dividends any stocks, funds, or annuities, or any principal or other sums have, in consequence of the same or of the dividends thereon being unclaimed, been transferred to the National Debt Commissioners, or any unclaimed dividends have been paid to those Commissioners, this part of this Act shall have effect in relation to the stocks, funds, annuities, principal or other sums, and dividends so transferred and paid, and to any stock or security representing the same or any of them, and to all accumulations and investments of those dividends, in like manner, as nearly as may be, as if such transfer, payment, and investment were made after the passing of this Act under this part thereof.

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37] S. 68 repealed by Statute Law Revision Act 1966 (c. 5)

Miscellaneous

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38] S. 69 repealed by Statute Law Revision Act 1960 (c. 6)

70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39] S. 70 repealed by Statute Law Revision Act 1963 (c. 30)

71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40] S. 71 repealed by Finance Act 1963 (c. 25), Sch. 14 Pt. IV

72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41] S. 72 repealed by Bank of England Act 1946 (c. 27), Sch. 3

73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42] S. 73 repealed by Statute Law Repeals Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43] S. 74 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. IX Group1.

SCHEDULES

Stocks; Dividend Days; Redemption

Denominations of the several Stocks of Perpetual Annuities.	. . .	. . .
. . .	. . .	. . .
Two pounds [50p] per centum annuities.	. . .	. . .

. . .

[F48] Regulation repealed by Statute Law Revision Act 1950 (c. 6)

SECOND SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49] Sch. 2 repealed by Statute Law Revision Act 1883 (c. 39); Statute Law Revision (No. 2) Act 1893 (c. 54); and Government Annuities Act 1929 (c. 29), Sch. 2

THIRD SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50] Sch. 3 repealed by Statute Law Revision Act 1950 (c. 6)