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Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016

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Section 17.

SCHEDULE 2N.I.TRANSITIONAL PROVISION

This schedule has no associated Explanatory Notes

Section 4: attachment of sharesN.I.

1  The amendments made by section 4 do not apply in relation to loans made before the coming into operation of that section.N.I.

Section 8: pending applications for registration of a societyN.I.

2—(1) This paragraph applies where an application for the registration of a society under the 1969 Act has been made but not determined before section 8 comes into operation.N.I.

(2) The registrar must not take any further step in relation to the application until the registrar receives a document, signed by the persons who signed the application for registration, stating whether the application is to be treated as—

(a)an application to register the society as a co-operative society, or

(b)an application to register the society as a community benefit society.

(3) Once the registrar receives the document, the application is to be treated in accordance with the statement contained in the document.

Section 8: appeals against decision not to registerN.I.

3—(1) This paragraph applies if—N.I.

(a)before the relevant time, the registrar decides to refuse registration of a society, and

(b)an appeal against the decision is made after the relevant time, or is made before that time but not determined by that time.

(2) The decision may be overruled on appeal only if it is established that the society would (on an application made after the relevant time)—

(a)be entitled to be registered as a co-operative society, or

(b)be entitled to be registered as a community benefit society.

(3) If the decision is overruled, the court must—

(a)state that the society is to be registered as a co-operative society, or

(b)state that the society is to be registered as a community benefit society,

and the registrar must act accordingly.

(4) The “relevant time” means the time section 8 comes into operation.

Section 9: members under 18N.I.

4  The amendment made by section 9 does not apply in relation to a society until the end of the period of 10 days beginning with the day of the first general meeting of the society to occur after the coming into operation of that section.N.I.

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