Credit Unions Act 1979

31 Interpretation, etc. E+W+S

(1) In this Act—

• F1 . . .

• [F2 “body corporate” includes a partnership regarded as a legal person under the law of the country or territory in which it was established;]

• “charitable", in the application of this Act to Scotland, shall be construed in the same way as in the Income Tax Acts;

• [F3 “ civil partner ” includes former civil partner [F4 and reputed civil partner ] ; ]

• [F5 “corporate member”, in relation to a credit union, has the meaning assigned to it by section 5A above;]

• “credit union”, except in the expression “Northern Ireland credit union", means a society registered under the 1965 Act by virtue of section 1 above;

• [F6 “interest-bearing share” has the meaning assigned to it by section 7A(6) above;]

• “the 1965 Act” means the Industrial and Provident Societies Act 1965;

• “non-qualifying member”, in relation to a credit union, has the meaning assigned to it by sections 5(5) and 21(4) above;

• [F7 “Part IV permission" means a permission given by the Authority under Part IV of the 2000 Act or having effect as if so given;]

• [F8 “partnership” means a partnership not regarded as a legal person under the law of the country or territory in which it was established;]

• “relative”, in relation to any person, means any of the following—

  (a)

  his spouse [F9 or civil partner ];

  (b)

  any lineal ancestor, lineal descendant, brother, sister, aunt, uncle, nephew, niece or first cousin of his or his spouse [F9 or civil partner ]; and

  (c)

  the spouse [F9 or civil partner ] of any relative within paragraph (b) above;

  and for the purpose of deducing any such relationship an illegitimate child or step-child shall be treated as [F10 the legitimate child of the relationship in question ];

• “spouse” includes former spouse and reputed spouse; and

• F11 . . .

[F12 (1A) In this Act, references to a deposit or accepting deposits must be read with—

(a) section 22 of the 2000 Act;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

(2) Section 67 and sections [F13 70A, F14 . . .72 and] 74 of the 1965 Act (supplementary provisions as to recovery of costs, fees, regulations, documents F15 . . . and general interpretation provisions) shall apply for the purposes of this Act as they apply for the purposes of that Act.

(3) In its application to credit unions the 1965 Act shall have effect subject to the provisions of this Act and with the omission of the following provisions (which are replaced by, or are inconsistent with, provisions of this Act), that is to say sections 6, 12, 19, 21, 30 and 31.

[F16 (4) Sections 7(1)(b) (registered society not to carry on the business of banking), [F17 sections 39 to 39B (annual returns etc.)] F18 and section 40 (display of latest balance sheet) F19 of the 1965 Act (which are replaced by, or are inconsistent with, provisions of the 2000 Act) do not apply to credit unions. ]

Textual Amendments

F1 Definition of “authorised bank” in s. 31(1) omitted (2.7.2002) by virtue of S.I. 2002/1501, arts. 1(1), 2(20)(a)(i)

F2 Words in s. 31(1) inserted (8.1.2012) by The Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2011 (S.I. 2011/2687), arts. 1(1)(b), 15(5)(a) (with arts. 25, 26)

F3 Words in s. 31(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 61(2); S.I. 2005/3175, art. 2(2)

F4 Words in s. 31(1) inserted (5.12.2005) by Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 1, Sch. 4 para. 4

F5 Words in s. 31(1) inserted (8.1.2012) by The Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2011 (S.I. 2011/2687), arts. 1(1)(b), 15(5)(b) (with arts. 25, 26)

F6 Words in s. 31(1) inserted (8.1.2012) by The Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2011 (S.I. 2011/2687), arts. 1(1)(b), 19(2) (with arts. 25, 26)

F7 Definition of “Part IV permission” in s. 31(1) inserted (2.7.2002) by S.I. 2002/1501, arts. 1(1), 2(20)(a)(ii)

F8 Words in s. 31(1) inserted (8.1.2012) by The Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2011 (S.I. 2011/2687), arts. 1(1)(b), 15(5)(c) (with arts. 25, 26)

F9 Words in s. 31(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 61(3)(a); S.I. 2005/3175, art. 2(2)

F10 Words in s. 31(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 61(3)(b); S.I. 2005/3175, art. 2(2)

F11 Definition of “statutory maximum” in s. 31(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

F12 S. 31(1A) substituted (2.7.2002) by S.I. 2002/1501, arts. 1(1), 2(20)(b)

F13 Words in s. 31(2) substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 289(a) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F14 Words in s. 31(2) omitted (3.7.2002) by virtue of S.I. 2002/1555, arts. 1, 7(3)

F15 Words in s. 31(2) repealed (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1)(2), Sch. 3 Pt. IV para. 289(b), Sch. 4 (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F16 S. 31(4) inserted (2.7.2002) by S.I. 2002/1501, arts. 1(1), 2(20)(c)

F17 Words in s. 31(4) substituted (8.1.2012) by The Legislative Reform (Industrial and Provident Societies and Credit Unions) Order 2011 (S.I. 2011/2687), arts. 1(1)(b), 6 (with arts. 25, 26)

F18 Amended by the Friendly and Industrial and Provident Societies Act 1968 (c. 55), Schedule 1; S.I. 1996/1738; S.I. 2001/2617.

F19 Repealed in part by S.I.1996/1738.

Modifications etc. (not altering text)

C1 S. 31(1) extended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 9