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Financial Services and Markets Act 2000

Status:

This is the original version (as it was originally enacted).

Sections 334, 336 and 338.

SCHEDULE 18Mutuals

This schedulenoteType=Explanatory Notes has no associated

Part IFriendly Societies

The Friendly Societies Act 1974 (c. 46)

1Omit sections 4 (provision for separate registration areas) and 10 (societies registered in one registration area carrying on business in another).

2In section 7 (societies which may be registered), in subsection (2)(b), for “in the central registration area or in Scotland” substitute “in the United Kingdom, the Channel Islands or the Isle of Man”.

3In section 11 (additional registration requirements for societies with branches), omit “and where any such society has branches in more than one registration area, section 10 above shall apply to that society”.

4In section 99(4) (punishment of fraud etc and recovery of property misapplied), omit “in the central registration area”.

The Friendly Societies Act 1992 (c. 40)

5Omit sections 31 to 36A (authorisation of friendly societies business).

6In section 37 (restrictions on combinations of business), omit subsections (1), (1A) and (7A) to (9).

7Omit sections 38 to 43 (restrictions on business of certain authorised societies).

8Omit sections 44 to 50 (regulation of friendly societies business).

Part IIFriendly Societies: Subsidiaries and Controlled Bodies

Interpretation

9In this Part of this Schedule—

  • “the 1992 Act” means the [1992 c. 40.] Friendly Societies Act 1992; and

  • “section 13” means section 13 of that Act.

Qualifying bodies

10(1)Subsections (2) to (5) of section 13 (incorporated friendly societies allowed to form or acquire control or joint control only of qualifying bodies) cease to have effect.

(2)As a result, omit—

(a)subsections (8) and (11) of that section, and

(b)Schedule 7 to the 1992 Act (activities which may be carried on by a subsidiary of, or body jointly controlled by, an incorporated friendly society).

Bodies controlled by societies

11In section 13(9) (defined terms), after paragraph (a) insert—

(aa)an incorporated friendly society also has control of a body corporate if the body corporate is itself a body controlled in one of the ways mentioned in paragraph (a)(i), (ii) or (iii) by a body corporate of which the society has control;.

Joint control by societies

12In section 13(9), after paragraph (c) insert—

(cc)an incorporated friendly society also has joint control of a body corporate if—

(i)a subsidiary of the society has joint control of the body corporate in a way mentioned in paragraph (c)(i), (ii) or (iii);

(ii)a body corporate of which the society has joint control has joint control of the body corporate in such a way; or

(iii)the body corporate is controlled in a way mentioned in paragraph (a)(i), (ii) or (iii) by a body corporate of which the society has joint control;.

Acquisition of joint control

13In section 13(9), in the words following paragraph (d), after “paragraph (c)” insert “or (cc)”.

Amendment of Schedule 8 to the 1992 Act

14(1)Schedule 8 to the 1992 Act (provisions supplementing section 13) is amended as follows.

(2)Omit paragraph 3(2).

(3)After paragraph 3 insert—

3A(1)A body is to be treated for the purposes of section 13(9) as having the right to appoint to a directorship if—

(a)a person’s appointment to the directorship follows necessarily from his appointment as an officer of that body; or

(b)the directorship is held by the body itself.

(2)A body (“B”) and some other person (“P”) together are to be treated, for the purposes of section 13(9), as having the right to appoint to a directorship if—

(a)P is a body corporate which has directors and a person’s appointment to the directorship follows necessarily from his appointment both as an officer of B and a director of P;

(b)P is a body corporate which does not have directors and a person’s appointment to the directorship follows necessarily from his appointment both as an officer of B and as a member of P’s managing body; or

(c)the directorship is held jointly by B and P.

(3)For the purposes of section 13(9), a right to appoint (or remove) which is exercisable only with the consent or agreement of another person must be left out of account unless no other person has a right to appoint (or remove) in relation to that directorship.

(4)Nothing in this paragraph is to be read as restricting the effect of section 13(9).

(4)In paragraph 9 (exercise of certain rights under instruction by, or in the interests of, incorporated friendly society) insert at the end “or in the interests of any body over which the society has joint control”.

Consequential amendments

15(1)Section 52 of the 1992 Act is amended as follows.

(2)In subsection (2), omit paragraph (d).

(3)In subsection (3), for “(4) below” substitute “(2)”.

(4)For subsection (4) substitute—

(4)A court may not make an order under subsection (5) unless it is satisfied that one or more of the conditions mentioned in subsection (2) are satisfied.

(5)In subsection (5), omit the words from “or, where” to the end.

References in other enactments

16References in any provision of, or made under, any enactment to subsidiaries of, or bodies jointly controlled by, an incorporated friendly society are to be read as including references to bodies which are such subsidiaries or bodies as a result of any provision of this Part of this Schedule.

Part IIIBuilding Societies
The Building Societies Act 1986 (c. 53)

17Omit section 9 (initial authorisation to raise funds and borrow money).

18Omit Schedule 3 (supplementary provisions about authorisation).

Part IVIndustrial and Provident Societies
The Industrial and Provident Societies Act 1965 (c. 12)

19Omit section 8 (provision for separate registration areas for Scotland and for England, Wales and the Channel Islands).

20Omit section 70 (scale of fees to be paid in respect of transactions and inspection of documents).

Part VCredit Unions
The Credit Unions Act 1979 (c. 34)

21In section 6 (minimum and maximum number of members), omit subsections (2) to (6).

22In section 11 (loans), omit subsections (2) and (6).

23Omit sections 11B (loans approved by credit unions), 11C (grant of certificates of approval) and 11D (withdrawal of certificates of approval).

24In section 12, omit subsections (4) and (5).

25In section 14, omit subsections (2), (3), (5) and (6).

26In section 28 (offences), omit subsection (2).

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