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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)In the Credit Unions Act 1979 (c. 34), before section 24 (under the heading “General and miscellaneous”) insert—
(1)The Treasury may by regulations amend this Act so as to make provision for credit unions corresponding to any enactment applying to building societies.
(2)The power conferred by subsection (1) may not be exercised so as to modify any of the following provisions of this Act—
(a)sections 1 and 2 (registration as a credit union);
(b)section 3 (use of name “credit union”);
(c)section 8 (general prohibition on deposit-taking), but without prejudice to the power to add exceptions to those in sections 9 and 10 and to modify those sections;
(d)section 21 (amalgamations and transfers of engagements);
(e)section 22 (no conversion of credit union into company, etc.);
(f)section 23 (conversion of company into credit union).
(3)Regulations under subsection (1) may—
(a)confer power to make orders, regulations and other subordinate legislation;
(b)create criminal offences, but only—
(i)in circumstances corresponding to an offence under the enactments relating to building societies, and
(ii)subject to a maximum penalty no greater than is provided for in respect of the corresponding offence;
(c)provide for the charging of fees, but not any charge in the nature of taxation.
(4)The Treasury may by regulations make such amendments of enactments as appear to them to be appropriate in consequence of any provision made under subsection (1).
This includes power to make consequential amendments of the provisions listed in subsection (2).
(5)In this section “enactment” includes—
(a)an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30),
(b)an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
(c)an enactment contained in, or in an instrument made under, Northern Ireland legislation within the meaning of the Interpretation Act 1978, and
(d)an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.
(6)Before making regulations under this section the Treasury must consult such persons as appear to them to be appropriate.
(7)No regulations under this section are to be made unless a draft has been laid before and approved by a resolution of each House of Parliament.”.
(2)In section 29(2) of that Act (orders and regulations: negative resolution procedure), at the beginning insert “ Except as provided by section 23A(7), ”.
(3)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, ”.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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