Search Legislation

The Credit Unions (Northern Ireland) Order 1985

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 2

 Help about opening options

Version Superseded: 01/04/2013

Status:

Point in time view as at 31/03/2012. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

The Credit Unions (Northern Ireland) Order 1985, Section 2 is up to date with all changes known to be in force on or before 22 September 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

InterpretationN.I.

2.—(1) The [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

  • [F1the 2000 Act” means the Financial Services and Markets Act 2000;]

  • “amendment”, in relation to the rules of a credit union, includes a new rule, and a resolution rescinding a rule, of the credit union;

  • “annual return” means the annual return which a credit union is required by Article 49 to send to the registrar;

  • “authorised bank” means—

    (a)

    [F2a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits;

    (ab)

    an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits;

    (ac)

    a municipal bank, that is to say a company which, immediately before the 1st December 2001 fell within the definition in section 103 of the Banking Act 1987;]

    (b)

    a trustee savings bank within the meaning of section 3 of the [1981 c. 65] Trustee Savings Banks Act 1981;

    (c)

    the National Savings Bank;

    Sub.‐para. (d) rep. by SI 2001/1149

  • [F3the Authority” means the Financial Services Authority;]

  • “board of directors” means the committee of management or other directing body of a credit union;

  • [F4“civil partner” includes former civil partner[F5 and reputed civil partner];]

  • “credit union” means a society registered under this Order or a society registered under the [1969 c. 24 (N.I.)] Industrial and Provident Societies Act (Northern Ireland) 1969 as a credit union;

  • “the Department” means the Department of Economic Development;

  • “meeting”, includes, where the rules of a credit union so allow, a meeting of delegates appointed by members;

  • “member of the family”, in relation to any person, means—

    (a)

    his spouse[F4 or civil partner];

    (b)

    any lineal ancestor, lineal descendant, brother, sister, half-brother, half-sister, uncle, aunt, nephew, niece, first cousin of his or his spouse[F4 or civil partner];

    (c)

    the spouse[F4 or civil partner] of any person within sub-paragraph (b);

    (d)

    adoptive father, mother, son or daughter;

    and for the purpose of deducing any such relationship—

    Sub‐para. (i) rep. by 1987 NI 22

    (ii)

    an illegitimate child or step-child shall be treated as[F4 the legitimate child of the relationship in question];

  • “non-qualifying member” means a person who remains a member of a credit union by virtue of Article 14(5) and includes, in relation to an amalgamated credit union or a credit union which has accepted a transfer of engagements, a person who does not have the required qualifications for admission to membership of that credit union but became a member of it by virtue of the amalgamation or transfer of engagements, having been immediately before the amalgamation or transfer a non-qualifying member of one of the amalgamating credit unions or, as the case may be, the credit union from which the transfer of engagements was made;

  • “officer”, includes any treasurer, secretary, member of the board of directors, manager or servant of the credit union other than a servant appointed by the board of directors, but does not include an auditor appointed by the credit union in accordance with the requirements of this Order;

  • “order” except in Article 1(2), means an order made by the Department subject to affirmative resolution;

  • “persons claiming through a member”, includes the heirs, executors or administrators and assignees of a member and, where nomination is allowed, his nominee;

  • “prescribed” means prescribed by regulations;

  • “registered”, in relation to the name or an office of a credit union means for the time being registered under this Order;

  • “registered rules” means the rules of the credit union registered under this Order as for the time being in force after any amendment of the rules so registered;

  • [F6“registrar” has the meaning assigned to it by Article 2A;]

  • “regulations” means regulations made by the Department subject to negative resolution;

  • “spouse” includes former spouse and reputed spouse;

  • “statutory provision” has the meaning assigned to it by section 1(f) of the [1954 c. 33 (N.I.)] Interpretation Act (Northern Ireland) 1954;

  • “year of account” means any period required by Article 49 to be included in an annual return of the credit union.

[F2(2A) [F7In this Order, references to a deposit or accepting deposits and sub-paragraphs] (a) and (ab) of the definition of “authorised bank” in paragraph (2) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

(3) In this Order “the current year of account”, in relation to the appointment of an auditor or auditors, means the year of account in which the question of that appointment arises, and “the preceding year of account” means the year of account immediately preceding the current year of account.

(4) References in this Order to the registrar include references to the officer appointed as assistant to the registrar.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources