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Co-operative and Community Benefit Societies Act 2014

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This is the original version (as it was originally enacted).

135Power 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.

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