9(1)The following provisions of this paragraph shall apply in place of Part I of Schedule 17.U.K.
(2)The society shall send to every member entitled to notice of a meeting of the society, a statement containing—
(a)the particulars required, in relation to prescribed matters, by regulations under section 42B(8); and
(b)particulars of any other matters required by the [F1Authority] in the case of the particular transfer of business,
with or without other particulars regarding that transfer.
(3)The statement shall be sent—
(a)where the [F1Authority] has given the society a direction under section 42B(1)(b), within the period (not being less than 28 days) specified in [F2a final notice given by the Authority under section 390 of the Financial Services and Markets Act 2000];
(b)where the [F1Authority] has not given the society such a direction, within 14 days of the board of directors passing a resolution in pursuance of the direction.
(4)No statement shall be sent unless its contents, so far as they concern the prescribed matters or any matter of which particulars are required to be given under sub-paragraph (2)(b) above, have been approved by the [F1Authority].
(5)A failure to comply with a requirement of this paragraph shall not invalidate the transfer of business; but, if the society fails without reasonable excuse to comply with such a requirement the society shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale and so shall any officer who is also guilty of the offence.
Textual Amendments
F1Words in Sch. 8A para. 9 substituted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 204(a) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2
F2Words in Sch. 8A para. 9(3)(a) substituted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 204(b) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2
Modifications etc. (not altering text)
C1Sch. 8A para. 9 amended (2.3.1998) by S.I. 1998/212, reg. 5(1), Sch. 3