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The Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002

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Verification of continued provisions

12.  (1)  This article applies to continued provisions instead of section 154 of the Act (verification of rules).

(2) The production of a printed copy of a designation instrument or a continued provision purporting to be made by the Authority on which is endorsed a certificate which—

(a)is signed by a member of the Authority’s staff authorised by it for that purpose, and

(b)contains the required statement or statements,

is evidence (or in Scotland, sufficient evidence) of the facts stated in the certificate.

(3) The required statements in relation to a copy of a designation instrument are—

(a)that the instrument was made by the Authority;

(b)that the copy is a true copy of the instrument; and

(c)that on a specified date the instrument was published in accordance with article 9.

(4) The required statement in relation to a copy of a continued provision is that the text set out in the document is a continued provision within the meaning of this Part.

(5) A certificate purporting to be signed as mentioned in paragraph (2) is to be taken to have been properly signed unless the contrary is shown.

(6) A person who wishes in any legal proceedings to rely on a designation instrument or on a continued provision may require the Authority to endorse a copy of that instrument or provision with a certificate of the kind mentioned in paragraph (2).

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