The Community Interest Company (Amendment) Regulations 2009

Interpretation of the Principal Regulations

3.—(1) Regulation 2 of the Principal Regulations is amended as follows.

(2) At the appropriate place insert—

““the 1965 Act” means the Industrial and Provident Societies Act 1965(1);”;

““the 1969 Northern Ireland Act” means the Industrial and Provident Societies Act (Northern Ireland) 1969(2);”;

““the Authority” means the Financial Services Authority;”;

““permitted industrial and provident society” means an industrial and provident society which has a restriction on the use of its assets in accordance with regulation 4 of the Community Benefit Societies (Restriction on Use of Assets) Regulations 2006(3) or regulation 4 of the Community Benefit Societies (Restriction on Use of Assets) Regulations (Northern Ireland) 2006(4);”.

(3) Omit the definitions of “the 1985 Act” and “the 1986 Order”(5).

(4) In sub-paragraph (a) of the definition of “asset-locked body” for “or a charity” substitute “a charity or a permitted industrial and provident society”(6).

(5) For the definition of “governmental authority” substitute—

““governmental authority” includes—

(a)

any national, regional or local government in the United Kingdom or elsewhere;

(b)

the European Community;

(c)

any inter-governmental organisation; and

(d)

any organisation which is able to make rules or adopt decisions which are legally binding on any governmental authority falling within sub‑paragraph (a), (b) or (c);

or any of their organs, institutions or agencies;(7).”(7).

(6) For the definition of “public authority” substitute—

““public authority” includes—

(a)

a court or tribunal; and

(b)

any person certain of whose functions are functions of a public nature,

whether in the United Kingdom or elsewhere;.”.

(7) In the definition of “subsidiary” for “given to it in section 736 of the 1985 Act or Article 4 of the 1986 Order” substitute “given to it by section 1159 of the 2006 Act”(8).

(1)

1965 c.12.

(2)

1969 c.24 (N.I.).

(3)

S.I. 2006/264.

(4)

S.R. (NI) 2006 No 258.

(5)

The definition of “the 1986 Order” was inserted by S.I. 2007/1093, Schedule 4, paragraph 27.

(6)

The definition of “asset-locked body” was amended by S.I. 2007/1093, Schedule 4, paragraph 27.

(7)

The definition of “governmental authority” was amended by S.I. 2007/1093, Schedule 4, paragraph 27.

(8)

The definition of “subsidiary” was amended by S.I. 2007/1093, Schedule 4, paragraph 27.