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[接上页] (a) for any such reference to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (b) any such reference to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.(4) Any deed or other instrument or document (other than a will), and any contract, agreement or undertaking not in writing which is made, executed or given on or after the appointed day and in which there is a reference (however worded and whether express or implied) to Royal Bank of Scotland or to the directors or to any director, officer or employee of Royal Bank of Scotland shall be construed and have effect as if- (a) for any such reference to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (b) any such reference to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee.(5) Any enactment other than this Ordinance containing a reference (however worded and whether express or implied) to Royal Bank of Scotland or to the directors or to any director, officer or employee of Royal Bank of Scotland shall be construed and have effect on and from the appointed day as if- (a) for any such reference to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (b) any such reference to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. Cap 1138 s 6 Provisions as to trust property transferred and as to trusteeships, etc. (1) Any property transferred to and vested in the Bank by virtue of this Ordinance which, immediately before the appointed day, was held by Royal Bank of Scotland, whether alone or jointly with any other person- (a) as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will, and whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court or otherwise; (b) as executor of the will of a deceased person; (c) as administrator of the estate of a deceased person; (d) as judicial trustee or judicial factor appointed by order of any court; or (e) in any other fiduciary capacity whatsoever,shall, on and from the appointed day, be held by the Bank alone or jointly with such other person (as the case may be), in the same capacity, upon the trusts, and with and subject to the rights, powers, provisions, liabilities and obligations applicable thereto respectively. (2) Any order of any court or any trust deed, settlement, covenant, agreement, will or appointment, whether made or executed before, on or after the appointed day, under or by virtue of which Royal Bank of Scotland was or is or, but for the provisions of this section, would have been (whether alone or with any other person) granted letters of administration or appointed trustee, custodian trustee, executor, tutor, curator, guardian, judicial trustee, judicial factor or custodian or appointed or confirmed in any other fiduciary capacity shall not fail by reason of anything in this Ordinance but shall, on and from the appointed day (or, if it be later, the date upon which such order, trust deed, settlement, covenant, agreement, will or appointment is made or executed), be read, construed and have effect as if for any reference therein to Royal Bank of Scotland there were substituted a reference to the Bank. (3) Where any order, trust deed, settlement, covenant, agreement, will or appointment such as is mentioned in subsection (2) authorized or authorizes Royal Bank of Scotland or (in the case of any such order, trust deed, settlement, covenant, agreement, will or appointment taking effect after the appointed day) would have authorized Royal Bank of Scotland (if it had accepted such appointment) to charge remuneration or otherwise to act in accordance with a scale or terms or conditions applicable to Royal Bank of Scotland at any particular date before, on or after the appointed day or for the time being, then on and from the appointed day (or, if it be later, the date upon which such order, trust deed, settlement, covenant, agreement, will or appointment is made or executed) every reference in such order, trust deed, settlement, covenant, agreement, will or appointment to such scale or terms or conditions shall be construed and have effect as if the same were a reference to the corresponding scale or terms or conditions applicable to the Bank at such particular date or for the time being (as the case may be): |