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Evidence — application of Bankers’ Books Evidence Act 1879.
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191.— (1) In this section “ Act of 1879 ” means the Bankers’ Books Evidence Act 1879.
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(2) Where—
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(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,
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(b) the book is in the custody or under the control of NAMA or a NAMA group entity, and
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(c) an officer of NAMA or a NAMA group entity gives evidence (orally or by affidavit) that—
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(i) he or she truly believes that the book or record was kept in the ordinary course of the bank’s business, and
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(ii) the book is in the custody or under the control of NAMA or the NAMA group entity,
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then the requirement for proof in section 4 of the Act of 1879 shall be taken to have been satisfied.
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(3) The Act of 1879 has effect in relation to the books and records of NAMA or a NAMA group entity as if—
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(a) NAMA or the NAMA group entity were a bank,
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(b) references to bankers’ books in that Act were to the ordinary books and records of NAMA or the NAMA group entity, and
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(c) references in that Act to an officer of a bank were references to an officer of NAMA or the NAMA group entity.
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