- Latest available (Revised)
- Point in Time (01/04/2013)
- Original (As enacted)
Version Superseded: 08/03/2019
Point in time view as at 01/04/2013.
There are currently no known outstanding effects for the Housing (Scotland) Act 2010, Cross Heading: Registered societies: restructuring, winding up and dissolution.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This group of sections applies to a registered social landlord—
(a)which is a registered society, and
(b)whose inclusion in the register has been recorded by the [F1Financial Conduct Authority].
(2)Chapter 2 of Part 10 makes provision for Regulator consent for the purpose of section 97.
(3)The Regulator must not give any other consent for the purposes of this group of sections unless satisfied that the society has consulted its tenants about the matter for which consent is needed.
Textual Amendments
F1Words in s. 96(1)(b) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 10(3)(4)(f) (with Sch. 12)
Commencement Information
I1S. 96 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
(1)The [F2Financial Conduct Authority] may register a special resolution passed by the society for the purposes of a restructuring provision only if—
(a)the Regulator consents to the special resolution, and
(b)a copy of the consent accompanies the copy special resolution sent to the [F2Financial Conduct Authority] for the purposes of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12).
“restructuring provision” means any of the following provisions of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12)—
section 50 (amalgamation)
section 51 (transfer of engagements)
section 52 (conversion into or amalgamation with registered company)
(2)Any new body created, or to whom engagements are transferred, in pursuance of the special resolution is to be included in the register (and is to be treated as so included pending such inclusion).
Textual Amendments
F2Words in s. 97(1) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 10(3)(4)(g) (with Sch. 12)
Commencement Information
I2S. 97 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
A resolution for the voluntary winding up of the society under the Insolvency Act 1986 (c.45) is valid only if—
(a)the Regulator consents to the resolution before it is passed, and
(b)a copy of the consent accompanies the copy resolution sent to the [F3Financial Conduct Authority] for the purposes of section 30 of the Companies Act 2006 (c.46) (as applied by virtue of section 55 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12) and section 84(3) of the Insolvency Act 1986 (c.45)).
Textual Amendments
F3Words in s. 98 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 10(3)(4)(h) (with Sch. 12)
Commencement Information
I3S. 98 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
The [F4Financial Conduct Authority] may register an instrument of dissolution of the society under section 58 of the Co-operative and Community Benefit Societies and Credit Unions Act 1965 (c.12), or cause notice of the dissolution to be advertised under that section, only if—
(a)the Regulator consents to the dissolution, and
(b)a copy of the consent accompanies the instrument sent to the [F4Financial Conduct Authority] for the purposes of that section.
Textual Amendments
F4Words in s. 99 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 10(3)(4)(i) (with Sch. 12)
Commencement Information
I4S. 99 in force at 1.4.2012 by S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government 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 Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: