S.I. No. 245/1940 - Land Bond (Drawing) Regulations, 1940.
STATUTORY RULES AND ORDERS. 1940. No. 245. | ||
LAND BOND (DRAWING) REGULATIONS, 1940. | ||
WHEREAS it is enacted by subsection (1) of section 1 of the Land Act, 1923 (No. 42 of 1923), as amended by section 3 of the Land Bond Act, 1925 (No. 25 of 1925), that, in order to provide for the payment of the sums which under the Land Act, 1923 , are to be paid in bonds, the Minister for Finance shall have power to create and issue, when and as required for the purpose, bonds to be called 4½ per cent. land bonds, of such denominations (not in any case less than one pound) as the Minister may determine : | ||
AND WHEREAS it is enacted by subsection (3) of the said section 1, as so amended and as further amended by section 3 of the Land Act, 1931 (No. 11 of 1931), and subsection (2) of section 6 of the Land Act 1936 (No. 41 of 1936), that the Minister for Finance shall make arrangements for the redemption of the said bonds by means of yearly or half-yearly drawings and that the said Minister may make regulations for the drawing of such bonds : | ||
AND WHEREAS by section 9 of the Land Act, 1939 (No. 26 of 1939), the Minister for Finance is empowered to provide, by the regulations made by him under the said subsection (3) of section 1 of the Land Act, 1923 (as amended by certain subsequent enactments), for a certain grouping of the said land bonds for the purpose of any draw thereof and, if he so provides, is required to make by such regulations certain provisions in relation to such grouping : | ||
NOW, the Minister for Finance, in exercise of the powers conferred on him by section 1 of the Land Act, 1923 (No. 46 of 1923), as amended by section 3 of the Land Bond Act, 1925 (No. 25 of 1925), section 3 of the Land Act, 1931 (No. 11 of 1931), section 6 of the Land Act, 1936 (No. 41 of 1936), and section 9 of the Land Act, 1939 (No. 26 of 1939), and of every and any other power him in this behalf enabling, hereby makes the following regulations :— | ||
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1 Short title. | 1. These Regulations may be cited as the Land Bond (Drawing) Regulations, 1940. | |
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2 Interpretation. | 2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations. | |
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3 Definitions. | 3. In these Regulations— | |
the word " bonds " means 4½ per cent. land bonds created, and issued under section 1 of the Land Act, 1923 (No. 46 of 1923) as amended by subsequent enactments ; | ||
the word " draw " means a drawing of bonds held under and in accordance with these Regulations ; | ||
the expression " the Minister " means the Minister for Finance ; | ||
the expression " the Bank " means the National City Bank, Limited ; | ||
the expression " working day " means a day which is neither a Sunday nor a bank holiday. | ||
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4 Date of draw. | 4. In the year 1940, and in each succeeding year until all bonds shall have been redeemed, a draw shall be held commencing on the 15th day of October or, if that day is a Saturday or is not a working day, on the next day thereafter which is a working day and, if the draw is not completed on one day, continuing for so many consecutive working days as may be necessary for the completion of the draw. | |
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5 Drawing of bonds. | 5. Every draw shall be held at the registered office of the Bank, and there shall be present at every draw a person (in these Regulations referred to as the Bank's representative) who shall be either a Director of the Bank or an officer of the Bank nominated by the Directors of the Bank for that purpose, and another person (in these Regulations referred to as the Minister's representative) who shall be either the Secretary of the Department of Finance or an officer of the Minister nominated for that purpose by the Minister. | |
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6 Amount available for redemption of bonds. | 6.—(1) The amount available for the redemption of bonds at any draw shall be the total amount of all sums which, on the 1st day of May in the year in which the draw is held, stand set aside (after making all deductions required by law) in the Land Bond Fund under subsection (5) of section 1 of the Land Act, 1923 (No. 42 of 1923), as amended by subsequent enactments, together with all interest which has accrued on moneys set aside under the said subsection (5) on or at any time before the said 1st day of May, and has not theretofore been utilised for the redemption of bonds. | |
(2) The Minister shall, not less than fourteen days before each draw to be held in accordance with these Regulations, publish in the Iris Oifigiúil a statement of the amount available under this regulation for the redemption of bonds to be drawn at such draw. | ||
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7 Grouping of ten pound bonds. | 7.—(1) Before each draw the Bank shall form into groups, in the manner hereinafter provided, all outstanding bonds of the denomination of ten pounds which were registered in the books of the Bank not less than seven days before such draw and were not previously so grouped. | |
(2) The bonds shall be selected for grouping in accordance with the following provisions, that is to say :— | ||
(a) the basis of such grouping shall be the registered numbers of the bonds ; | ||
(b) the bonds shall be grouped in the order of their respective numbers and each group shall consist of bonds bearing numbers falling within a sequence of ten consecutive numbers ending in a multiple of ten ; | ||
(c) the highest number in any such sequence shall be the number which is the appropriate multiple of ten or, where that number is not available owing to the bond bearing it having been drawn for redemption prior to the date of such grouping, the nearest number below such multiple which is available ; | ||
(d) whenever the full number of ten bonds falling to be made into a group under the provisions of sub-paragraph (b) of this paragraph is not available owing to one or more of such bonds having been drawn for redemption prior to the date of such grouping, the outstanding bonds (being less than ten in number) bearing numbers which fall within the appropriate sequence shall be made into a group ; | ||
(e) whenever, in connection with any draw, there shall remain a balance of less than ten bonds which cannot be grouped in accordance with the foregoing sub-paragraphs of this paragraph, then (save as is otherwise provided by the next following sub-paragraph) such balance of less than ten bonds shall be excluded from such draw ; | ||
(f) if, when the issue of bonds has finally ceased and all the bonds of the denomination of ten pounds have been registered in the books of the Bank and such bonds have (so far as is possible) been grouped under the foregoing sub-paragraphs of this paragraph, there shall remain a balance of less than ten such bonds not so grouped, such balance of less than ten bonds shall, notwithstanding anything contained in the said foregoing sub-paragraphs, be formed into a group for the purposes of these Regulations. | ||
(3) A group of bonds formed under the foregoing paragraphs of this regulation for a particular draw and not drawn at such draw shall be retained as a group for every subsequent draw until it is drawn. | ||
(4) The Bank shall allot to each group of bonds formed under this regulation a number, the number so allotted to any such group being the quotient resulting from the division by ten of the number of the bond having the highest number in such group or, where such quotient is not a whole number, the next whole number higher than such quotient. | ||
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8 Grouping of one pound bonds. | 8.—(1) Before each draw the Bank shall form into groups, in the manner hereinafter provided, all outstanding bonds of the denomination of one pound which were registered in the books of the Bank not less than seven days before such draw and were not previously so grouped. | |
(2) The bonds shall be selected for grouping in accordance with the following provisions, that is to say :— | ||
(a) the basis of such grouping shall be the registered numbers of the bonds ; | ||
(b) the bonds shall be grouped in the order of their respective numbers, and each group shall consist of bonds bearing numbers falling within a sequence of one hundred consecutive numbers ending in a multiple of one hundred ; | ||
(c) the highest number in any such sequence shall be the number which is the appropriate multiple of one hundred or where that number is not available owing to the bond bearing it having been drawn for redemption prior to the date of such grouping, the nearest number below such multiple which is available ; | ||
(d) whenever the full number of one hundred bonds falling to be made into a group under the provisions of sub-paragraph (b) of this paragraph is not available owing to one or more of such bonds having been drawn for redemption prior to the date of such grouping, the outstanding bonds (being less than one hundred in number) bearing numbers which fall within the appropriate sequence shall be made into a group ; | ||
(e) whenever, in connection with any draw there shall remain a balance of less than one hundred bonds which cannot be grouped in accordance with the foregoing sub-paragraphs of this paragraph, then (save as is otherwise provided by the next following sub-paragraph) such balance of less than one hundred bonds shall be excluded from such draw ; | ||
(f) if, when the issue of bonds has finally ceased and all the bonds of the denomination of one pound have been registered in the books of the Bank and such bonds have (so far as is possible) been grouped under the foregoing sub-paragraphs of this paragraph, there shall remain a balance of less than one hundred such bonds not so grouped, such balance of less than one hundred bonds shall, notwithstanding anything contained in the said foregoing sub-paragraphs, be formed into a group for the purposes of these Regulations. | ||
(3) A group of bonds formed under the foregoing paragraphs of this regulation for a particular draw and not drawn at such draw shall be retained as a group for every subsequent draw until it is drawn. | ||
(4) The Bank shall allot to each group of bonds formed under this regulation a number, the number so allotted to any such group being the quotient resulting from the division by one hundred of the number of the bond having the highest number in such group or, where such quotient is not a whole number, the next whole number higher than such quotient. | ||
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9 Provision of discs. | 9.—(1) At a convenient time before each draw the Bank shall provide :— | |
(a) to represent each outstanding bond of the denomination of one hundred pounds which was registered in the books of the Bank not less than seven days before such draw and for which a disc shall not have been previouslyprovided in pursuance of this regulation or the Regulations revoked by these Regulations, a card disc having printed thereon the appropriate distinguishing letter and the number of the bond it represents, and | ||
(b) to represent each group of bonds formed under these Regulations for which a disc shall not have been previously provided in pursuance of this regulation, a card disc having printed thereon the appropriate distinguishing letter and the number allotted, in pursuance of these Regulations, to such group. | ||
(2) In these Regulations, the expression " the appropriate distinguishing letter " means— | ||
(a) in relation to a disc representing a group of bonds of the denomination of one pound, the letter " A " ; | ||
(b) in relation to a disc representing a group of bonds of the denomination of ten pounds, the letter " B " ; | ||
(c) in relation to a disc representing a bond of the denomination of one hundred pounds, the letter " C." | ||
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10 The custody of the discs. | 10.—(1) The following provisions shall apply and have effect in relation to the custody of the discs provided by the Bank in pursuance of these Regulations or the Regulations revoked by these Regulations, that is to say :— | |
(a) every such disc shall, before the draw in relation to which it is provided, be deposited (in a suitable receptacle or suitable receptacles in accordance with the subsequent provisions of this regulation ; | ||
(b) discs representing bonds of the denomination of one hundred pounds may either (as shall be convenient) be all deposited in a single receptacle or be deposited in two or more receptacles and for that purpose distributed amongst such receptacles in such manner as may be convenient ; | ||
(c) discs representing groups of bonds and bearing the same appropriate distinguishing letter may either (as shall be convenient) be all deposited in a single receptacle or be deposited in two or more receptacles and for that purpose distributed amongst such receptacles in such manner as may be convenient ; | ||
(d) discs representing bonds of the denomination of one hundred pounds shall not be deposited in the same receptacle with discs representing groups of bonds ; | ||
(e) discs representing groups of bonds of a particular denomination shall not be deposited in the same receptacle with discs representing groups of bonds of another denomination ; | ||
(f) where discs are deposited in a single receptacle, they shall be retained therein until drawn therefrom in accordance with these Regulations ; | ||
(g) where discs are deposited in two or more receptacles, all such discs for the time being not drawn shall, on theoccasion of every draw, be removed from those receptacles and be placed in one receptacle (in this regulation referred to as a temporary receptacle), and the provisions of sub-paragraphs (d) and (e) of this paragraph shall apply and have effect in relation to the placing of such discs in such temporary receptacle ; | ||
(h) where discs are, on the occasion of a draw, placed in a temporary receptacle, so many of such discs as remain in such receptacle after the draw shall, as soon as such draw is completed, be removed therefrom and shall be re-deposited in so many of the receptacles in which they were originally deposited as can conveniently contain them, and shall be retained therein until whichever of the following events is appropriate, that is to say :— | ||
(i) in case such discs are re-deposited in one receptacle, until they are drawn therefrom at a subsequent draw or, | ||
(ii) in case such discs are re-deposited in more than one receptacle, until they are removed therefrom and placed in a temporary receptacle at the next following draw under sub-paragraph (g) of this paragraph ; | ||
(i) where discs are deposited in two or more receptacles, the operations of removing such discs from such receptacles and placing them in a temporary receptacle for the purposes of a draw and of removing such discs (so far as not drawn) from such temporary receptacle after such draw and re-depositing them in all or some of the receptacles in which they were originally deposited shall be carried out by the person who is the Bank's. representative at such draw in the presence of the person who is the Minister's representative at such draw. | ||
(2) Every receptacle (other than a temporary receptacle) used for the deposit of discs in pursuance of this regulation shall be fitted with a cover secured by two locks, which cannot be opened by the same key, and the key of one of the said locks shall be retained by the Bank and the key of the other of those locks shall be retained by the Secretary of the Department of Finance. | ||
(3) Every receptacle (other than a temporary receptacle) used for the deposit of discs under this regulation shall be locked by the Bank's representative and the Minister's representative in the presence of each other, and every such receptacle shall, except when opened for the deposit of discs under this regulation or the drawing of discs therefrom at a draw, be kept so locked. | ||
(4) Every receptacle (other than a temporary receptacle) used for the deposit of discs under this regulation shall be deposited and kept at the registered office of the Bank. | ||
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11 Amount to be drawn. | 11.—(1) At every draw, discs representing bonds equal, as nearly as is reasonably practicable, in total nominal value to, but not exceeding, the amount available for the redemption of bonds at that draw shall, in the presence of the Minister's representative be drawn without selection by the Bank's representative from the receptacles in which discs are required by these Regulations to be deposited or placed for the purposes of such draw. | |
(2) At every draw, the number of discs drawn from each receptacle shall, as nearly as is reasonably practicable, be such that the ratio between the total nominal value of the bonds represented by the discs drawn from any receptacle and the total nominal value of the bonds represented by the discs contained in that receptacle at the beginning of the draw is the same for each receptacle. | ||
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12 Lists of bonds drawn. | 12.—(1) Immediately on the conclusion of each draw, a separate list shall be prepared in respect of each denomination of bonds represented by discs drawn at such draw, showing the appropriate distinguishing letter and number of the discs drawn representing bonds or groups of bonds of that denomination. | |
(2) As soon as the said lists have been prepared they shall be signed by the Bank's representative and the Minister's representative present at the draw to which such lists relate, and thereupon every bond or group of bonds represented by a disc of which the appropriate distinguishing letter and number is included in any of the said lists shall be deemed to have been drawn at such draw. | ||
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13 Payment of bonds drawn. | 13. The payment of all bonds drawn at any draw shall be made by the Bank on or after the 1st day of January next following such draw. | |
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14 Publication of bonds drawn. | 14. As soon as may be after each draw, the Minister shall publish in the Iris Oifigiúil suitable particulars of the bonds or groups of bonds drawn at such draw and an intimation that the corresponding bonds will be paid off at par on or after the 1st day of January next following the date of such draw at the registered office of the Bank and that as from such 1st day of January all interest thereon will cease, and the Bank shall send a notification to every person registered as the owner or the first of two or more joint owners of each bond drawn at such draw that such bond has been drawn for redemption on or after such 1st day of January. | |
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15 Cancellation of certificates. | 15. All certificates of registration of bonds drawn at any draw shall, on being returned for the purpose of obtaining payment of the bonds to which they relate, be cancelled, but when any such certificate relates also to bonds which have not been drawn for redemption, a new certificate shall be issued in respect of the bonds which have not been so drawn. | |
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16 Revocation of Land Bond (Drawing) Regulations, 1934. | 16. The Land Bond (Drawing) Regulations, 1934 (Statutory Rules and Orders, No. 254 of 1934), are hereby revoked. | |
Given under the Official Seal of the Minister for Finance this 30th day of August, 1940. | ||
(Signed) SEÁN Ó MUIMHNEACHÁIN, | ||
An Assistant Secretary. | ||
Department of Finance, | ||
Dublin. |