|
contained the official Rules. This is reproduced here |
(A) |
(B) |
|
Name
of the Bank |
1 |
|
|
Interpretation |
2 |
14 |
|
|
|
15 |
|
|
|
16 |
|
Inspection of Rules and Supply
of Copies |
3 |
|
|
The Objects of the Bank |
4 |
1 |
|
Rules binding on all parties |
5 |
2 |
|
Management |
6 |
3 |
|
Powers and Duties of the Committee of Management |
7 |
4 |
|
Manager's
Powers |
8 |
5 |
|
Seal |
9 |
13 |
|
|
10 |
6 |
|
Hours and Days of Business |
11 |
7 |
|
Declaration of Secrecy |
12 |
8 |
|
Security from Officers |
13 |
|
|
Audit
of Accounts |
14 |
9 |
|
Annual Report and Statement of Account |
15 |
10 |
|
Abstract of Accounts |
16 |
|
|
Pass Books |
17 |
11 |
|
Lost Pass Books |
18 |
12 |
|
By whom deposits
may be made |
19 |
|
|
Depositors acting in more than one capacity |
20 |
|
|
Second Accounts |
21 |
|
|
Procedure on making first Deposits |
22 |
17 |
|
Minors
under seven years of age |
23 |
18 |
|
Incapacitated Persons |
24 |
19 |
|
Joint Accounts |
25 |
20 |
|
Trustee Accounts |
26 |
21 |
|
Society, etc., Accounts |
27 |
22 |
|
Deposits |
28 |
23 |
|
Deposit
by Trade Union |
29 |
|
|
Postal Transactions |
30 |
24 |
|
Refusal to receive Deposits |
31 |
|
|
Interest on Deposits |
32 |
26 |
|
Guarantee of Interest and
Repayment of Deposits |
33 |
|
|
Repayment of Deposits |
34 |
25 |
|
Withdrawals from Accounts of Infants |
35 |
|
|
Withdrawals from Accounts of Lunatics |
36 |
|
|
Transfers |
37 |
27 |
|
Transfer
from one Account to another |
38 |
|
|
Transfer from Account of Deceased or Insane Depositor |
39 |
|
|
Addition of Name to an Account |
40 |
|
|
A
Depositor may Nominate |
41 |
|
|
Requirements for Nomination |
42 |
|
|
Registration |
43 |
|
|
Revocation |
44 |
|
|
Scope of Nomination |
45 |
|
|
Division
of Sums Nominated |
46 |
|
|
Witness to Nomination Disqualified from taking under it |
47 |
|
|
Operation of Nomination |
48 |
|
|
Payment of
Debts out of Nominated Deposits |
49 |
|
|
Payment for the Benefit of a Nominee under sixteen |
50 |
|
|
Nominations in favour of Issue not
to lapse |
51 |
|
|
Nomination revoked by marriage |
52 |
|
|
Proof of Death |
53 |
|
|
Deposits under One Hundred Pounds |
54 |
|
|
Estate, Succession,
and Legacy Duties |
55 |
|
|
Settlement of Disputes |
56 |
|
|
Charge on Award |
57 |
|
|
Indemnification of Corporation |
58 |
|
|
Alteration of
Rules |
59 |
|
|
Commencement of Rules |
60 |
|
|
Winding up |
61 |
|
|
Procedure in respect of House Purchase |
62 |
28 |
|
Extent of Advance to be made |
63 |
29 |
|
Valuation
of Property |
64 |
30 |
|
Mortgage Deed |
65 |
31 |
|
Copy of Mortgage Deed |
66 |
32 |
|
Prior Mortgage |
67 |
33 |
|
Interest on Advances |
68 |
48 |
|
Repayment of the Advance |
69 |
34 |
|
Failure
to make Repayments |
70 |
35 |
|
Insurance |
71 |
36 |
|
Application of Money received from Insurance Company |
72 |
37 |
|
Ground Rents and other Payments |
73 |
38 |
|
Discharge
of Mortgage |
74 |
39 |
|
Power of Inspection |
75 |
40 |
|
Depositor Absconding or Property Depreciation |
|
41 |
|
Realizing Property in Possession |
|
42 |
|
Depositor
in Arrears for Three Months |
76 |
43 |
|
Power to Sell |
77 |
44 |
|
Settlement of Disputes |
|
45 |
|
Conditions affecting House
Purchase |
78 |
46 |
|
Bankruptcy of Depositors |
|
47 |
I have now been able to report to the Chancellor of the Exchequer the results of our discussion on the Birmingham Corporation and
obtain his further instructions.
As I thought probable the other day, he thinks it most desirable that the form of Clause 11(2)
which we intended should be adopted, that is to say that the Schedule should be taken out of the Bill and settled separately.
The
only modification we should suggest in 11(2) as tendered would be the insertion of words in the second part making it quite clear
that we have power to give the Corporation the Stamp Duty Exemption, which you wish for. As I know how urgent it is to get Royal Assent
to the Bill I have ventured to write to Messrs Sharpe Pritchard & Co in the above sense adding I was communicating with you with
regard to the Regulations.
As to the regulations themselves, we hope that we can agree to them definitely at once, and in that
case we shall be prepared to give formal approval as soon as the Bill has received Royal Assent. While this course will not, I think
prejudice Birmingham Bank in any way it is very preferable on technical grounds to including the regulations in the Schedule of the
Bill, particularly as your Bill may form a precedent for other Corporations.
I enclose for convenience of reference a copy of
the Bill embodying what we suggest for Clause 11(2) and the further alterations which we propose in the Regulations.
The alterations
which we wish for are as follows:
Regulation 4. We fear we
must press for the rules to be submitted for Treasury approval. I think that I can undertake that if you will submit a copy to us
at the same time as you send a copy to the Chief Registrar there will be no delay in giving such authority.
There is a point
to be considered on this. Under Municipal Savings Banks Act of 1916, under which existing Birmingham Bank is conducted, there is a
restriction by which the amount which a depositor may withdraw within any period of seven days without giving seven days' notice is
limited to one pound. The rules will I think, have to contain some restriction though not necessarily to one pound. This seems to
me a matter which can more suitably be dealt with in the rules than in the regulations, but I mention it as a point of consideration.
Regulation
11. 4 (e) is omitted as agreed.
The Chancellor feels very strongly that 11 (e) should be omitted also as withdrawals by a local
union coinciding with the withdrawals by individual depositors on the occasion of a strike might be very dangerous to the Bank.
Regulation
14 as proposed by you we are prepared to accept.
Regulation 15 these words are agreed except that for greater clearness we wish
to add after "Placed on deposit with the Corporation" the words "At call". I ought to add that the Treasury might under the circumstances
find it necessary to ask that not more than a certain percentage of the deposits should be invested in the Housing Bank or lodged
with the Corporation. We have no desire whatever to interfere with the management of the Bank unnecessarily, and we do not propose
to add to the regulations on this point at present, provided it is understood that our general power of making regulations might in
case of need be used for this purpose, naturally after consultation with the Corporation.
Regulation 16 we must I fear press
for Treasury assent being required to the rate of interest payable on deposits. We do not ask for this because we have any doubt that
the Birmingham Bank will be managed on sound lines, but partly because we have such power in the case of Trustee Savings Banks, and
they would regard with very great jealousy any Bank not subject to similar control and partly because though we are quite willing
to trust Birmingham, we cannot be quite sure of other places which may in future take your Bill as a model.
I am however, authorised
to say that while we feel we must ask for this power, we have no intention whatever of asking you to reduce your existing rate of
3½% at present.
Regulation 21 is amended as agreed and the old Regulation 21. disappears.
Regulation 27, in order to bring
this into harmony with Clause 11(2) of the Bill this should read "Treasury or the Corporation with the approval of the Treasury may
from time to time alter etc".
I thought it would be convenient to set out exactly the regulations to which we are prepared to
assent. The Chancellor wishes me to add that I am at your service if you think it would be desirable to discuss any of the points
verbally any time to-day or to-morrow either at the Treasury or at the House of Commons. My telephone No. is 129 Treasury Exchange.
Yours
sincerely,
(Sgnd) O E Niemeyer
[NOTE: Sir Otto Ernst Niemeyer, GBE, KCB, (23 November 1883 – 6 February 1971) was a British banker and civil servant. He served as a director of the Bank of England from 1938 to 1952 and a director of the Bank for International Settlements from 1931 to 1965. An Oxford graduate, Niemeyer began working for HM Treasury in 1906 and rose rapidly through the ranks, finishing his time there as controller of finance (1922–1927)]
From this it will seem that subject to the following alterations
the Treasury are prepared immediately the Bill has received the Royal Assent to approve the regulations in the Bill. The alterations
are as follows:
Regulation (4) As drafted provides for the Rules to be subject to the approval of the Chief Registrar of Friendly
Societies. They are now to be subject to the approval of the Treasury who undertakes that there will be no delay. The point raised
as to limit on withdrawals without notice is provided for in the rules.
Regulation 11 (4e) As drafted authorised deposits to
be received from Registrar of County Courts is objected to.
Regulation 11 (4e) As drafted authorised deposits to be received
from Trustees or Treasurer of a Trades Union is objected to.
New Regulation 14 The Bank shall not receive any deposit which makes
the sum standing in the name of any Depositor in the Bank exceed £500, provided that when and so long as the limit imposed on the
amount that may be deposited in Savings Banks is a greater sum than £500, this regulation shall have effect as if that greater sum
were substituted for £500 and when and so long as the amount which may be deposited in Savings Banks is unlimited this regulation
shall have no effect.
Regulation 14 (now 15) to be amended as follows:
Strike out all words after "think fit" on 7th line
and substitute "is placed on deposit with the Corporation at call "or invested in such securities as the Corporation with the consent
of the Treasury may determine".
Regulation 15 (now 16) to be amended by making it compulsory for the Treasury's assent to be
obtained to the rate of interest payable on deposits.
Regulation 20 (now 21) to be amended by striking out the words "of the
Act or" on the second line.
Regulation 21 to be struck out as the Inland Revenue Authorities have written that it is superfluous,
the exemption being granted by the Income Tax Act.
Regulation 27 to read - The Treasury or the Corporation with the approval
of the Treasury may from time to time alter.
Your Sub-Committee have given most careful consideration to the amendments put forward by the Treasury and much as they would have liked to retain the regulations contained in the Schedule of the Bill they feel that any further opposition will seriously endanger the passing of the Bill during the present session, and therefore relying upon the statement contained in the two letters of the 31st July -- the one from Sir John Bradbury and the other from the Treasury -- they agreed to the requests of the Treasury so that the Bill might be read a third time in the House of Lords forthwith. They ask for the approval of the Committee to their action.
However, the Sub-Committee felt very strongly that the Treasury's objection to the new Bank receiving deposits from Trade Unions should be resisted. Accordingly, the Bank's Chairman (Councillor Appleby, who was also Chairman of the Sub-Committee ) wrote to the Town Clerk on August 5th 1919:
At a meeting of the Sub-Committee held today the various amendments put forward on behalf of the Treasury were considered in conjunction with the letters received from Sir John Bradbury and Mr Niemeyer on behalf of the Treasury.
The Sub-Committee reluctantly acquiesced in the suggestions but there is one upon which they feel very strongly, and which they wish the Treasury to reconsider. The Regulation referred to is No 11 (4c) which authorises the Bank to receive deposits from Trade Unions and which has been struck out by the Treasury. The Establishment of Municipal Banks has for some time been one of the planks of the Trade Unionists platforms, and Trade Unionists have taken a considerable part in the propaganda work in connection with the existing Bank. The development of the proposed Bank in no small degree depends upon the goodwill and co-operation of Trade Unions and of their members, and if these organisations are specially excluded from the privileges which are allowed other bodies, namely, of having deposit accounts with the Municipal Savings Bank, dissatisfaction is sure to be caused which will affect the Bank. The reason given by the Treasury is that in the event of a strike in the City, the financial position of the Bank might be prejudiced by the consequent withdrawal of the deposits of Trade Unions as well as those of their members. The Regulations amended limit the amount which any Depositors may have in the Bank to £500 and I suggest that the danger anticipated by the Treasury might readily be guarded against by placing in the Regulations a restriction upon the amount which could be withdrawn by any Corporation or Body at £2,000. I suggest it very inadvisable to single out the Trade Unions as different from any Friendly Society or other Body who might become Depositors at the Bank.
I shall be glad if you will forward this letter to Messrs Sharpe
Pritchard & Co, and ask them to take up the point with the Treasury again, as it involves a most important policy. I have written
to Alderman Neville Chamberlain, MP, on the matter.
Resolved (24,495): That the Rules of the Birmingham Municipal Bank, as now submitted, be made and adopted, and that, upon the approval of the Chief Registrar of Friendly Societies, or such other person or department as may be prescribed, the Acting Town Clerk be authorised to attach the Corporation Seal thereto, or to such modification or variation thereof as may be required prior to such approval being given.
The case as stated in
Councillor Appleby's letter was successful as the Acting Town Clerk (F H C Wiltshire) reported on August 29th 1919:
I beg to
report that the Birmingham Corporation Act 1919 received the Royal Assent on the 15th instant, and the provisions contained in that
Act enabling the Corporation to establish the Birmingham Municipal Bank, having now full legal effect.
The regulations are not
now contained in a schedule to the Act, owing to the intervention of the Treasury, but have been approved by them as a separate document,
which is now submitted to the Committee. Few important alterations have been made. The Corporation have been successful in retaining
the exemption from stamp duty, although it has been necessary for them to submit to the limitation of £500, as the maximum deposit
except in the case of Trades Unions, where the maximum deposit is £2,000. The maximum will be increased to a higher maximum at any
time extant in any Savings Bank; and if the limitation is removed from any other Savings Bank, the limitation will also disappear
in the case of the Birmingham Municipal Bank. Perhaps the most important concession which it has been necessary to make is that contained
in regulation 16, which requires the Bank's investments (other than by way of advances for the purchase of houses) to be subject to
the approval of the Treasury.
I have also, during the last few days, succeeded in obtaining the approval of the Treasury and
Chief Registrar of Friendly Societies to the Rules. As these approvals have now been obtained (although the formal approval of the
Treasury has not at this moment been received) the last obstacle is removed to the opening of the Bank upon the 1st September. Considerable
additions, chiefly at the instance of the Chief Registrar of Friendly Societies, have been made to the rules in the form which they
were submitted to the Council, these additions consisting of extracts from the Birmingham Municipal Bank regulations and the Trustee
Savings Bank regulations of 1900. The object of these additions is to enlighten depositors more fully on their position, and to assist
in inspiring confidence in the Bank, and I do not think there is anything in them which can be regarded as prejudicial to the interests
of the Bank. The Treasury asked for a provision to be inserted which would enable them, if they desired, to alter or rescind any of
the rules, although this power was in the original draft reserved to the Corporation only. As your Committee are aware, it is in the
rules that the rate of interest is specified, and the suggestion of the Treasury was accordingly strongly resisted, and has now been
waived by them. It is now accordingly approved that the rules may only be altered or rescinded by the Corporation, although the approval
of the Chief Registrar of Friendly Societies and the Treasury will, of course, be required to such alteration or rescission.
Although
the rules have been made by the Council subject to such variation or modification as might be required, it will, I think in view of
the considerable additions which have been made be desirable to report their amplification to the Council at the next Meeting. Copies
of the rules are, however, now being printed for use in the Bank, during the first few weeks of its opening, this course being not
only desirable but necessary in view of the requirements made by the Chief Registrar, that a copy of rules should be furnished to
every depositor upon making his first deposit with his passbook, at an inclusive charge not exceeding 6d.
I submit a copy of
the approved rules with this report, and I ask the Committee to confirm what I have done.
It will be desirable for your Committee
to prescribe at this point certain matters which are left to them under the rules as approved:
a. The price at which the rules
will be sold
(i) inclusive of the pass book and
(ii) to the public generally.
b. The period of notice of withdrawal in certain
cases.
The rule relating to notice of withdrawal requires one week's notice for amounts exceeding £30 at Head Office, and exceeding
£5 at a Branch Office. It is, however, further approved that "no depositor shall, as a matter of right, be entitled to repayment of
any sum whatever, without giving notice of intended withdrawal, which may be prescribed from time to time by the Committee of Management".
I am reminded by your Department that in the case of withdrawals from branches of the Bank open in the evenings, considerable difficulty
would be experienced in the provision of the necessary funds, at an hour when the Joint Stock Banks will be closed, unless there is
some knowledge beforehand of how much money will be withdrawn.
Your Committee will accordingly wish, no doubt, to consider whether
they will prescribe that the certain period of notice shall be required in the case of evening withdrawals, and the length of that
period.
I understand that a question has arisen as to whether the coupon system should be continued in connection with the Bank.
It
will be remembered that this coupon system was, in the first instance, adopted in order that employers deducting monies from employees'
wages might be able to give a receipt for such deducted monies to employees in the form of coupons. This consideration would not appear
to obtain in the new Bank, and I certainly do not think that the use of coupons according to practice in the existing Bank (viz general
distribution through employers or Banks and fixing upon cards in accordance with the system which has hitherto prevailed) would be
possible in view of the rules which have been recommended to the Council by your Committee, and have been made by them. According
to the regulations, the operations of the Bank must be in accordance with the rules, and as no mention of coupons is made in the rules
I do not think they can now be employed. At the same time, it might be possible to distribute coupons which will be accepted as cash
by the Bank on personal application by the depositors in order to enable agents of the Bank to clinch the effect of their propagandist
activities, but I suggest that the Committee consider whether such a course might not be undesirable as tending to produce a certain
confusion of thought and practice on the part of intending depositors, who would be inclined to think that the issue of coupons is
a continuance of the principle of the existing Savings Bank, of deposits of employees through their employers.
Your Committee
will, of course, appreciate that the Corporation Savings Bank will not come to an end with the opening of the new Bank on the 1st
September. It will be necessary for the Council to pass a formal resolution regarding this Bank to be wound up, as of course, the
period for the statutory expiration of the activities of the Savings Bank will not terminate until three months after the end of the
War. Your Committee may wish to recommend the Council to pass such a resolution at their next meeting in October, and until that time
the two Banks will run concurrently, which is I understand, contemplated as likely to facilitate the transfer of deposits, as depositors
in the Savings Bank will not feel that their hand has been forced by the termination of the Bank with which they have become familiar
at the very moment of the commencement of the operation of the new Bank.
If your Committee desire to affect a winding up of the
Savings Bank and the transfer of deposits therein at the earliest available moment, it will be desirable for notice to be given as
soon as possible to the National Debt Commissioners, in order that the investments of the Savings Bank may be liquidated by the Commissioners,
so as to facilitate repayment and transfer of deposits.
I accordingly ask for instructions upon this point.
The initial set of draft Rules were extensively added to by the Registrar of Friendly Societies suggesting that other savings banks
than the Yorkshire Penny Bank and the Manchester & Salford Savings Bank had more appropriate rules. None of the savings banks
having house purchase departments, the visit by J P Hilton to the Bolton Co-operative Society (whose procedures and method of calculating
interest were adopted) may have been the source of the rules for the House Purchase Department.
Prior to presenting the Rules
to the City Council on July 29th 1919, they were reviewed by the Acting Town Clerk. He amended a number of the Rules and added the
following Rule:
61. Winding Up
The Council may at any time pass a resolution intimating their desire to discontinue the operations
of the Bank, whereupon the Bank shall forthwith be wound up in the manner to be prescribed by the Committee.
With the Committee
of Management of the Birmingham Corporation Savings Bank being anxious to ensure that the replacement permanent bank be established
by September 1st 1919 it was necessary for the negotiations with all the interested parties to be conducted concurrently and not sequentially.
The Treasury was actively involved in overseeing the production of a set of Regulations that the Government were prepared to accept. As mentioned above, the Treasury promoted the idea that the Schedule of Regulations should not be an integral part of the Act; they also had a detailed input into the wording of the Regulations, as reported to a special meeting of the Corporation Savings Bank Committee on August 8th 1919:
An intimation having been received that the Treasury proposed raising objection to the Savings Bank Bill,
the Chairman of the Committee together with the Chairman of the Sub-Committee, the Acting Town Clerk and the City Treasurer attended
at the Treasury on the 24th ult; The various points then raised on behalf of the Treasury were discussed and certain amendments to
the Bill and Regulations suggested to meet them. Since then the Treasury have pressed for a following alteration:
Clause 11(2)
of the Bill to be "The Bank shall be carried on in accordance with such regulations as the Treasury or the Corporation with the approval
of the Treasury may prescribe Regulations made under this section may apply with or without modification any of the provisions (including
penal provisions and any provisions granting exemption from Stamp Duty in respect of instruments & documents contained in the
enactments relating to Savings Bank but save as so applied those enactments shall not apply to the Bank".
The whole of the Regulations
will cease to be part of the Bill. In a letter dated 31st July Sir John Bradbury on behalf of the Lords Commissioner of His Majesty's
Treasury wrote as follows:
"My Lords are in communication with the Lord Mayor of Birmingham with regard to the Regulations and
they hope to be able to give their assent to them as soon as the Royal Assent is given to the Bill".
An intimation having been
received that the Treasury proposed raising objection to the Savings Bank Bill, the Chairman of the Committee together with the Chairman
of the Sub-Committee, the Acting Town Clerk and the City Treasurer attended at the Treasury on the 24th ult; The various points then
raised on behalf of the Treasury were discussed and certain amendments to the Bill and Regulations suggested to meet them. Since then
the Treasury have pressed for a following alteration:
Clause 11(2) of the Bill to be "The Bank shall be carried on in accordance
with such regulations as the Treasury or the Corporation with the approval of the Treasury may prescribe Regulations made under this
section may apply with or without modification any of the provisions (including penal provisions and any provisions granting exemption
from Stamp Duty in respect of instruments & documents contained in the enactments relating to Savings Bank but save as so applied
those enactments shall not apply to the Bank".
The whole of the Regulations will cease to be part of the Bill. In a letter dated
31st July Sir John Bradbury on behalf of the Lords Commissioner of His Majesty's Treasury wrote as follows:
"My Lords are in
communication with the Lord Mayor of Birmingham with regard to the Regulations and they hope to be able to give their assent to them
as soon as the Royal Assent is given to the Bill".
On the same day (July 31st 1919) the Treasury also wrote to Neville Chamberlain
as follows: