The Manager also read letters from the City Treasurer giving his observations as to the continuance of the coupon system, and the Bank Committee then passed a number of Resolutions that:
- recommended the City Council to wind up the Birmingham Corporation Savings Bank;
- the alterations and additions made to the rules by the Treasury and Chief Registrar of Friendly Societies be reported to the Council;
- pass books be supplied to depositors free of charge;
Therefore, subsequent to the passing of the Birmingham Corporation Act, 1919, (Royal Assent was granted on August
15th 1919) the Bank had both a set of Regulations and a set of Rules. The purpose of this split seemed to be to separate the 'legal'
Regulations from the 'day-to-day operational' Rules. This appears to reflect the wording of Trustee Savings Banks' Rules under the
heading of Constitution:
The Bank shall be governed and conducted in accordance with the enactments, statutory rules and orders
and statutory instruments relating to trustee savings banks (hereinafter referred to as "the Acts and Regulations") and these Rules
or any amendments thereof (hereinafter referred to as "the Rules") for the time being in force.
This distinction was abandoned when a revision of the Regulations was made in 1925.
The formal procedures for the establishment of the Birmingham Municipal Bank came to a conclusion when the Bank Committee reported to the City Council on October 7th 1919 as follows:
Your Committee report that the Birmingham Corporation Bill, 1919, received the Royal Assent on the 15th August. The Regulations have been approved by HM Treasury after conference with your Committee. They are substantially the same as the draft regulations incorporated in the Schedule to the Bill and the only clauses to which attention need be drawn are 14 and 15. The Rules of the Bank have also now been approved by the Chief Registrar of Friendly Societies and also by the Treasury. They agree in substance with the Rules which the Council passed at their meeting on the 29th July, but in order to give depositors more information regarding the Bank and with the object of inspiring confidence amongst them the Chief Registrar felt it desirable to introduce certain additional rules to which your Committee agree. The Rules, as now presented with this Report, bring the procedure, so far as the depositor is concerned, more into line with other Savings Banks, and they have the advantage of setting forth in detail the steps to be taken in connection with the repayment of deposits, transfers, and other matters. The Rules regarding the Housing Department are substantially in agreement with what the Council have already passed.
As noted above, the resulting Legislation, Regulations. and Rules are reproduced here:
-Part III of the Birmingham Corporation Act, 1919
- Savings and Housing Bank Regulations 1919
- Rules for the Birmingham Municipal Bank 1919
Regulation No 28 stated that The Treasury or the Corporation with the approval of the Treasury may from time
to time alter amend and extend these regulations. However, to extend the powers of the Bank would require legislation. Each year,
it seems to have been the practice for Birmingham Corporation to ask each of its Departments whether they required new legislation
to be approved by the Government. The City Council would then decide whether the effort and cost of promoting a Bill was justified.
With
the new Bank paying a competitive rate of interest and having a mortgage product that encouraged (and rewarded) advance repayment
of the loan, there was a demand for its products in the local authorities outside the boundaries of Birmingham. Although (for example) residents of Smethwick could open savings accounts at Bearwood branch, the Bank was unable to capitalise on the demand in that
area by opening a branch in Smethwick. And, people buying new property just outside the city boundary at Quinton could open an account
at that branch, but could not apply for a mortgage.
The Bank Committee therefore proposed in May 1920 that the following new powers
should be included in a new Birmingham Corporation Bill:
(a) That with the consent of another Local Authority the Corporation be empowered
to establish a Branch or Branches of the Bank in the area of that Authority.
(b) That the Bank be placed in a position to grant advances
in respect of the purchase of houses built in the area of another Local Authority, where a Branch of the Bank is established.
This
additional power was not obtained until 1929, the delay being caused by the need to consult the relevant local authorities (1921),
the City Council thinking the time was not opportune (1922), sufficient matter not being received from the other Committees (1923),
and proposals not of sufficient importance to justify the promotion of such a Bill (1924). Additionally (in October 1923), it was
the view of the Committee that due to the possibility of the promotion of a public Bill for powers to be granted to the larger Municipalities
to establish Municipal Banks, it was inadvisable to take action for obtaining special powers of the nature proposed at that time.
On
July 7th 1924 the Bank Committee discussed the question of the desirability of obtaining powers in respect of various matters
and resolved that the Town Clerk be instructed to prepare draft clauses for submission to the next meeting of the Committee with reference
to the following:
1. To enable deposits to be made in the Bank by Registrars
of County Courts in compensation and other cases;
2. An amendment of the Birmingham
Corporation Act 1919, to provide that the Corporation may alter or rescind the Regulations of the Bank, or prescribe new Regulations,
with the approval of the Treasury. It was considered that the provision of the 1919 Act, empowering the Treasury to prescribe Regulations
for the control of the Bank was unsatisfactory, it being felt that the powers conferred upon the Bank by the Regulations should not
be interfered with except on the initiative of the Corporation;
3. Power to enable
the establishment of branches in the area of adjacent local Authorities, at the request or with the consent of such Authorities;
4. Power for the Bank to act as directed by the Corporation in the receipt or payment of any sum due to, or payable by, the Corporation
or the Overseers of the Poor for the Parishes of Birmingham and Handsworth.
The Town Clerk pointed out that should the Bank desire
to obtain these powers, it would be a matter for consideration, in the event of the requirements of other Committees of the Corporation
for additional powers being negligible, as to whether it would be desirable to take steps to promote a Bill mainly for the purposes
of the Bank, in the ensuing session of Parliament in view of the expense involved, and other considerations. It was intimated that
this aspect of the matter would be considered when the Parliamentary Sub-Committee of the General Purposes Committee had before them
the proposals of the other Committees of the Corporation.
The General Manager was directed to ascertain the views of the adjacent
Local Authorities on the question of obtaining powers to establish branches, in areas outside the City, with the consent of the Local
Authority concerned.
The Town Clerk reported on October 20th 1924 that the question of promoting a Bill for the obtaining
of further powers by the Corporation in the ensuing session of Parliament had been considered by the General Purposes Committee, who
had decided not to proceed in the matter this year.
In June 1925, the Town Clerk asked to be informed by the first week
in July whether the Bank desired, in the event of a Parliamentary Bill being promoted in the next Session of Parliament, to include
Clauses for further powers.
The question as to the possibility of a branch in the Borough of Smethwick had been raised recently
at a meeting of the Smethwick Council, and arrangements had been made for a meeting to take place between the General Manager and
the Town Clerk and Borough Treasurer of Smethwick to discuss the question.
The Town Clerk was therefore informed that the Bank
may desire a draft Clause included in the projected Bill to enable the establishment of branches in the area of adjacent local Authorities
at the request or with the consent of such Authorities, if Smethwick made official representations to have a branch in their
borough.
However, in November 1925, the Committee were informed that it had been decided that no General Powers Bill would be
promoted in the ensuing Session of Parliament. The next opportunity for a Parliamentary Bill was raised in June 1926, but although
no conclusion had been reached in the discussions with Smethwick by that date, the Bank's General Purposes Sub-Committee considered
the general question of securing further powers, or amending existing powers, and recommended as follows in a comprehensive report:
1. That powers be sought to grant advances to persons desiring to purchase their permanent allotments. Having regard to the prominence
which has been given to this matter by many public speakers, and to the importance of allotments, your Sub-Committee feel that power
to advance money in this way could appropriately be given to the Bank.
2. That
the present limitation on deposits of £500 per year should be removed. The limitation acts harshly, upon trade unions, and as a result
has practically prevented trade union money being placed with this Bank. In 1922 the Bank endeavoured to have fixed a limit of £5,000
for any one trade union, but HM Treasury objected on the ground that in periods of emergency the money would be withdrawn in bulk,
which would present some difficulty. Having regard to the resources of the Corporation and the powers which the City Council possess
of obtaining money at short notice, and having further regard to the past experience of this Bank, your Sub-Committee do not consider
the request for the removal of the limitation to be unreasonable and believe that Parliament would support their view.
3. That power be sought to create a special Investment Department of the Bank into which moneys could be transferred from the Ordinary
Department. This provision is available in all Trustee Savings Banks, and your Sub-Committee see no reason why the Bank should not
have the same facility. It is felt that money leaves the Bank, or is not attracted to the Bank, because a higher rate of interest
than 3½% cannot be paid, whereas it would be possible o grant a slightly higher rate if the money was deposited in multiples of £50
and was not withdrawable under three months' notice. The desire of your Sub-Committee is that as much as possible shall be attracted
to the City rather than be invested elsewhere.
4. That power be sought to open
Branches of the Bank in areas which adjoin Birmingham. The present restriction of the Bank to the City area raises difficulties in
the House Purchase Department, particularly as regards Smethwick, Oldbury, Perry Barr, and Sutton Coldfield. Houses which are just
over the border cannot be purchased by depositors in the Bank because of the fact that they are outside the City. Conferences have
taken place with West Bromwich and Smethwick representatives, who have intimated their preparedness to support any application for
powers which Birmingham might make and to give evidence before any Parliamentary Committee if so desired.
5. That the present restriction on Joint Accounts should be removed. Under the present Regulations in the case of death of one party
to the joint account money cannot be paid to the survivor without the production of a certificate to the effect that Estate Duty has
been paid and a stamped receipt for Legacy and Succession Duty or a certificate that Legacy and Succession Duty is not payable. This
requirement affects all accounts where the sum involved is over £100. The opening of a joint account is usually a matter of convenience,
so that a husband or wife may make deposits or effect withdrawals without much trouble, and during lifetime no restriction operates
against it, but immediately one of the parties dies the procedure indicated above comes into force, with the result that considerable
irritation and annoyance is caused to survivors. The right of the survivor to payment of the moneys after the procedure indicated
has been followed cannot be questioned. An appeal was made to the Treasury to amend the Regulation so as to avoid this procedure,
but they were not prepared to assent to an amendment by Regulation. In two recent cases with which your Committee have been concerned,
the survivors - both of whom are widows - were much upset at the course which had to be adopted, and as a result of the claim which
they made to the money the Inland Revenue Authorities made no demand against the accounts and consequently there was no payment of
duty. The Committee will appreciate that if the survivor does not inform the Bank of the death of the other party to the account,
withdrawals can continue to be effected on the account even to the withdrawal of the last penny and no question would be raised, but
immediately the survivor notifies the Bank that one party to the account has died, then the survivor is temporarily prevented from
operating the account.
6. That power should be obtained whereby deposits can
be made by the Birmingham County Court in respect of workmen's compensation and other cases. The Treasury hold the view that such
deposits are restricted to the Post Office Savings Bank, but your Sub-Committee would point out that when the County Courts Act of
1888 and the Investments Act of 1900 were passed no Municipal Bank existed, and that if the argument of the Treasury is correct there
is good reason now why in Birmingham the limitation should be removed. This power would be beneficial to the recipients as they
would get at least 1% more interest. Applications have been made by Solicitors in the Birmingham County Court for moneys to be placed
in this Bank, but the County Court Rules apparently do not enable such action to be taken. Local trade union leaders have made representations
on the matter, and can be relied upon to support any application which is made.
7. That power be sought whereby the Bank can, in respect of leasehold properties in mortgage to the Bank, pay the ground rent direct
and charge the sum to the account of the Mortgagor. This facility would save considerable labour and expense in calling for the production
of ground rent receipts, and is preferable in every way to the present practice.
Your Sub-Committee realise that after consultation
with Parliamentary Agents it may be found that one or other of the proposals may be prejudicial to the Bank in the sense that an opening
would arise for the Treasury to review the general working arrangements of the Bank, and while your Sub-Committee feel that every
effort should be made to secure these powers, they, nevertheless, realise that it is undesirable to introduce a matter which would
give rise to a general survey of the Bank's powers by the Treasury. It may be necessary, therefore, for the Town Clerk, City
Treasurer and General Manager to confer with Parliamentary Agents on some of these points, and if after so doing it is clear that
serious objection is likely to be raised to any of the matters mentioned in this report, it would be desirable that the Chairman of
the General Committee - Alderman Bower and the Chairman of the General Purposes Sub-Committee - Alderman Lovsey - should be in a position
to sanction the withdrawal of any particular clause, or decide that the clause shall go forward; and your Sub-Committee recommend
that they be empowered accordingly.
The Bank Committee agreed with the recommendations of the Sub-Committee but it appears that
the City Council did not submit a Parliamentary Bill until the following year, and the resulting legislation (the Birmingham Corporation
(General Powers) Act, 1929) only extended the Bank's powers in two respects:
(1) advances could be made for a depositor to purchase
an allotment (Section 56); and
(2) branches could be opened in adjoining Local Authorities (Section 57).
The Act obtained Royal Assent on December 20th 1929.
The next legislation proposed by the City in which the Bank was able to participate came in 1935.
The Bank's General Purposes Sub-Committee (at its meeting held on April 23rd 1934) proposed that three clauses be included in a contemplated
General Powers Bill to extend the Bank's powers:
(1) to advance money to enable any person, society or body to build a dwellinghouse
or dwellinghouses in the City of Birmingham;
(2) to advance money to enable any person, Society or body to build, purchase or
acquire a dwellinghouse or dwellinghouses in any area adjoining the City of Birmingham;
(3) to take Police Court proceedings
in connection with the mutilation of passbooks.
The intention of Clause (1) was to enable the Bank to make advances for building
houses. This power was already granted to the Corporation itself by Section 7 of the Birmingham Corporation Act, 1919, but Section
12 of the same Act limited the Bank to make advances for purchase only. This type of advance was available from Building Societies
but the Bank's existing powers only allowed for Progressive Mortgages for this class of business.
Clause (2) combined the proposed
powers of Clause (1) with the ability to make advances on property in areas adjoining the City. However, the clause did not include
any provision for the Bank's powers to be subject to the agreement of the relevant local authority - the Sub-Committee stating that
the Bank is considerably hampered by the limitation of the existing powers, which necessitates the Bank obtaining the consent
of the Local Authority of the adjoining area to establish a branch bank before an advance for house purchase can be made. Having regard
to the considerable building developments which are taking place on the boundary and outskirts of the city, and the fact that it is
not always possible to obtain the above-mentioned consent of the local authority to establish Branches, your Sub-Committee consider
that the proposed extension of the Bank's powers should be obtained.
For some time the Bank had had under consideration the question
of making provision against the tampering or mutilation of pass books, and had considered a report prepared by the Town Clerk on the
subject, after consultation with Sir Stuart Robertson, the Chief Registrar of Friendly Societies. From the report it appeared that
the courses open to the Committee were either to secure amendments to the regulations making the pass book the property of the Corporation
and having power to call in a mutilated pass book and to impose a charge for a new book; or alternatively, to obtain definite powers
authorising proceedings in such cases.
In the event, only the powers sought in Clauses (1) and (2) were sanctioned, these being
combined into Section 93 of the Birmingham Corporation Act, 1935. Royal Assent was granted on August 2nd 1935.
The following
year, the Bank again wished to extend its powers in relation to its house purchase facility in order that a depositor having a mortgage
with another lender could transfer that loan to the Bank. A suitable clause was prepared, but the Treasury raised a query by asking
for information as to the intention of the clause. The Committee approved of the Town Clerk's suggestion that he, in consultation
with the General Manager, should forward a suitable reply to HM Treasury explaining that the required power related to additional
advances or transfer of existing mortgages and was not intended to apply to commercial or industrial properties.
Subsequently,
the Town Clerk informed the Committee that an addition had been to made to the Clauses in the Birmingham Corporation Bill, after consultation
with the Chairman, Councillor Martineau and the General Manager, in order to meet the views of the Treasury that advances should not
be made on security of a hazardous or speculative nature. The proviso inserted in the Bill made it clear that in ascertaining the
value of an estate for the purpose of an advance there shall be excluded the value of any building other than (a) a dwellinghouse
or (b) a dwellinghouse partly used for some other purpose when the value of the part so used does not exceed one half the value of
the whole building or £500 whichever is the less. The Treasury expressed their agreement with the additional proviso.
The resulting legislation was Clause 32 of the Birmingham Corporation Act, 1936. The Act received the Royal Assent on July 31st 1936.
This
piece of legislation directly relevant to the Bank was the last prior to the enactment of the National Exhibition Centre and Birmingham
Municipal Bank Act 1976 that transferred the Bank's status to a Trustee Savings Bank.
The necessity of using legislation to extend the Bank's powers was often a slow and cumbersome process. The main means of changing the Bank's procedures was additions or amendments of its Regulations - a process overseen by the Treasury and the Chief Registrar of Friendly Societies.