Co-operative and Community Benefit Societies and Credit Unions Act 2010
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For section 1 of the Industrial and Provident Societies Act 1965 (c. 12) (societies that may be registered) substitute—.
After section 4 of that Act insert—.
In section 16(1) of that Act (cancellation of registration: grounds), in paragraph (c)(ii) for “neither of the conditions specified in section 1(2) of this Act is fulfilled” substitute “the relevant registration condition is not met”.
After that subsection insert—.
In section 74(1) of that Act (interpretation - general), before the definition of “prescribed” insert—.
In section 20(1)(b) of the Credit Unions Act 1979 (c. 34) (cancellation of registration as credit union: adaptation of grounds), for “neither of the conditions in section 1(2) of that Act is fulfilled” substitute “the relevant registration condition is not met”.
In section 1(9) of the Co-operatives and Community Benefit Societies Act 2003 (c. 15) (community benefit societies: power to restrict use of assets), for the definition of “community benefit society” substitute—.
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In the Company Directors Disqualification Act 1986 (c. 46), after section 22D insert—.
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The Treasury may by regulations— in either case, with such modifications as appear to the Treasury to be appropriate.
make provision applying to societies registered under the Industrial and Provident Societies Act 1965 (c. 12) any provision mentioned in subsection (2), or
make provision for such societies corresponding to any such provision,
The provisions are—
Parts 14 and 15 of the Companies Act 1985 (c. 6) (investigations);
Part 5 of the Companies Act 2006 (c. 46) (company names);
Part 31 of that Act (dissolution and restoration to the register).
Regulations made by virtue of subsection (2)(a) may amend or repeal the following provisions—
section 47 of the Industrial and Provident Societies Act 1965 (c. 12) (inspection of books by order of Authority);
section 48 of that Act (production of documents and provision of information);
section 49 of that Act (appointment of inspectors and calling of special meeting), so far as relating to the appointment of inspectors.
Regulations made by virtue of subsection (2)(b) may amend or repeal section 5 of the Industrial and Provident Societies Act 1965 (name of society).
Regulations made by virtue of subsection (2)(c) may amend or repeal the following provisions of the Industrial and Provident Societies Act 1965—
section 16(1)(a)(iii) (cancellation of registration: society having ceased to exist);
section 59 (restriction on dissolution or cancellation of registration).
Subsections (3) to (5) above are not to be read as restricting the power conferred by section 6 of this Act (general power to make consequential amendments).
Regulations under this section may—
confer power to make orders, regulations and other subordinate legislation;
create criminal offences, but only—
in circumstances corresponding to an offence under the Companies Acts, and
subject to a maximum penalty no greater than is provided for in respect of the corresponding offence;
provide for the charging of fees, but not any charge in the nature of taxation.
Before making any regulations under this section the Treasury must consult such persons as appear to them to be appropriate.
In the Credit Unions Act 1979 (c. 34), before section 24 (under the heading “General and miscellaneous”) insert—.
In section 29(2) of that Act (orders and regulations: negative resolution procedure), at the beginning insert “ Except as provided by section 23A(7), ”.
In section 33(4) of that Act (extent: Northern Ireland), after “With the exception of” insert “ section 23A so far as it confers power to make consequential amendments of enactments extending to Northern Ireland, ”.
The Treasury may by regulations make such amendments of enactments as appear to them to be appropriate in consequence of any provision made by or under this Act.
This power is exercisable in relation to any enactment passed or made before the commencement of the relevant provision, and accordingly extends to the provisions of this Act (apart from this section).
In this section “enactment” includes—
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30),
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under, Northern Ireland legislation within the meaning of the Interpretation Act 1978, and
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.
The power conferred by this section may, in particular, be exercised so as to replace the words “industrial and provident society” wherever occurring (including in the title of an enactment).
Regulations under this Act may contain such supplementary, incidental and transitional provisions as appear to the Treasury to be necessary or expedient.
Regulations under this Act must be made by statutory instrument.
No regulations under this Act are to be made unless a draft has been laid before and approved by a resolution of each House of Parliament.
The short title of this Act is the Co-operative and Community Benefit Societies and Credit Unions Act 2010.
The provisions of this Act (apart from this section) come into force on such day as the Treasury may by order appoint, and different days may be so appointed for different purposes.
An order under subsection (2) must be made by statutory instrument and may contain such transitional provision as appears to the Treasury to be necessary or expedient.
Sections 5 and 6 extend to Northern Ireland so far as they confer power to make consequential amendments of enactments that so extend (and section 7 and subsections (1) to (3) above have effect accordingly).
Her Majesty may by Order in Council direct that any of the provisions of this Act, or any instrument made under it, shall extend, with such modifications (if any) as may be specified in the Order, to any of the Channel Islands. Any such Order in Council may make such transitional, incidental or supplementary provision as appears to Her Majesty to be necessary or expedient.
Subject to subsections (4) and (5), the provisions of this Act extend to Great Britain only.