National Asset Management Agency Act 2009

191.

Evidence — application of Bankers’ Books Evidence Act 1879.

191.— (1) In this section “Act of 1879” means the Bankers’ Books Evidence Act 1879.

(2) Where—

( a) a copy of an entry in a bankers’ book (within the meaning given by section 9(2) of the Act of 1879) falls to be produced in evidence,

( b) the book is in the custody or under the control of NAMA or a NAMA group entity, and

( c) an officer of NAMA or a NAMA group entity gives evidence (orally or by affidavit) that—

(i) he or she truly believes that the book or record was kept in the ordinary course of the bank’s business, and

(ii) the book is in the custody or under the control of NAMA or the NAMA group entity,

then the requirement for proof in section 4 of the Act of 1879 shall be taken to have been satisfied.

(3) The Act of 1879 has effect in relation to the books and records of NAMA or a NAMA group entity as if—

( a) NAMA or the NAMA group entity were a bank,

( b) references to bankers’ books in that Act were to the ordinary books and records of NAMA or the NAMA group entity, and

( c) references in that Act to an officer of a bank were references to an officer of NAMA or the NAMA group entity.