Co-operative and Community Benefit Societies Act 2014

Application of company law etc

134 Power to amend this Act to assimilate to company law

(1) This section applies where, on any modification of the enactments in force relating to companies, it appears to the Treasury to be expedient to modify the relevant provisions of this Act for the purpose of assimilating the law relating to companies and the law relating to registered societies.

(2) The Treasury may by order make such modifications of the relevant provisions of this Act as they consider appropriate for that purpose.

(3) The “relevant provisions” of this Act are the provisions of this Act for the time being in force except—

(a) this section;

(b) section 2(1), (2)(a), (c) and (d), (3) and (4);

(c) sections 5 to 9;

(d) section 16(1) and (2);

(e) section 17;

(f) section 29;

(g) sections 36 to 40;

(h) sections 109 to 122;

(i) section 126;

(j) sections 135 and 136;

(k) paragraphs 2, 10 and 15 of Schedule 3.

(4) An order under this section may modify the relevant provisions of this Act so as to—

(a) confer power to make orders, regulations, rules or other subordinate legislation;

(b) create criminal offences;

(c) provide for the charging of fees, but not any charge in the nature of taxation.

(5) An order under this section may—

(a) make consequential amendments of, or repeals in, the provisions listed in subsection (3);

(b) make such transitional or saving provisions as appear to the Treasury to be necessary or expedient.

(6) In this section “modification” includes any additions.

(7) The reference in subsection (1) to modifications of the enactments relating to companies includes any modification whether effected by—

(a) an Act passed after the passing of the Industrial and Provident Societies Act 2002, or

(b) an instrument made after the passing of that Act, under an Act whenever passed.

135 Power to apply company law provisions on investigations, names and dissolution etc

(1) The Treasury may by regulations—

(a) make provision applying any provision mentioned in subsection (2) to registered societies, or

(b) make provision for registered societies corresponding to any such provision,

in either case, with such modifications as appear to the Treasury to be appropriate.

(2) The provisions are—

(a) Parts 14 and 15 of the Companies Act 1985 (investigations);

(b) Part 5 of the Companies Act 2006 (company names);

(c) Part 31 of that Act (dissolution and restoration to the register).

(3) Regulations made by virtue of subsection (2)(a) may amend or repeal any of sections 105 to 107 (inspections, information powers etc).

(4) Regulations made by virtue of subsection (2)(b) may amend or repeal section 10 or 11 (or both) (provisions about a society’s name).

(5) Regulations made by virtue of subsection (2)(c) may amend or repeal—

(a) section 5(3)(c) (cancellation of registration: society having ceased to exist);

(b) section 126 (dissolution etc to occur only after society’s property dealt with).

(6) Subsections (3) to (5) are not to be read as restricting the power conferred by section 136 (power to make consequential amendments).

(7) The regulations 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 Companies Acts, 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.

(8) The regulations may contain such supplementary, incidental and transitional provisions as appear to the Treasury to be necessary or expedient.

(9) Before making any regulations under this section the Treasury must consult such persons as appear to them to be appropriate.

136 Section 135: power to make consequential amendments

(1) 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 section 135.

(2) This power is exercisable in relation to—

(a) this Act (except this section), and

(b) any enactment passed or made before the commencement of the relevant provision.

(3) In this section “enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

(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, a Measure or Act of the National Assembly for Wales, and

(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation within the meaning of the Interpretation Act 1978.

(4) The regulations may contain such supplementary, incidental and transitional provisions as appear to the Treasury to be necessary or expedient.