Part 11Miscellaneous and general
Interpretation
C1149Interpretation of Act
In this Act, except where the context otherwise requires—
“the 1965 Act” has the meaning given by section 1;
“amendment”, in relation to a registered society's rules, includes a new rule and a resolution rescinding a rule;
“annual return” has the same meaning as in section 89;
“the appropriate authority” means—
- a
in relation to a society that is a PRA-authorised person, the PRA;
- b
in relation to any other society, the FCA;
- a
“charitable registered society” means a registered society that is a charity;
“charity” (except in section 10)—
- a
has the meaning given by section 1(1) of the Charities Act 2011 (as modified, in the case of a society whose registered office is in Scotland, by section 7(2) of that Act);
- b
but in relation to a society whose registered office is in any of the Channel Islands, it means a society established for charitable purposes only (“charitable purposes” having the meaning given by the law of that Island);
and similar expressions are to be read accordingly;
- a
“committee”, in relation to a society, means the society's management committee or other directing body;
“the Companies Acts” means—
- a
the Companies Acts as defined in section 2(1) of the Companies Act 2006, or
- b
any law for corresponding purposes in force in any of the Channel Islands,
and includes corresponding earlier Acts or laws;
- a
“credit union” means a registered society that is registered as a credit union;
“electronic address” means any number or address used for the purposes of sending or receiving documents or information by electronic means;
“electronic copy”, “electronic form” and “electronic means” have the same meaning as in section 148;
“enactment” (except in section 136 and Schedule 5) includes—
- a
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,
- b
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and
- c
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
- a
“the FCA” means the Financial Conduct Authority;
“the Financial Ombudsman scheme” means the scheme established under Part 16 of the Financial Services and Markets Act 2000;
“Gazette”, in relation to a registered society, means such one or more of the following as apply—
- a
the London Gazette, if the society's registered office is in England, Wales or the Channel Islands or it carries on business there;
- b
the Edinburgh Gazette, if the society's registered office is in Scotland or it carries on business there;
- c
F1the Belfast Gazette, if a notice given by the society has been filed under section 102 (Great Britain societies carrying on business in Northern Ireland) of the Co-operative and Community Benefit Societies Act (Northern Ireland) 1969;
- a
“heritable security” has the same meaning as in the Conveyancing (Scotland) Act 1924 except that it includes a security constituted by ex facie absolute disposition or assignation;
“meeting”, in relation to a society, includes (where the society's rules allow it) a meeting of delegates appointed by members;
“officer”, in relation to a registered society—
- a
includes any treasurer, secretary, member of the committee, manager or employee of the society (except an employee appointed by the society's committee), but
- b
does not include an auditor appointed by the society in accordance with the requirements of Part 7;
- a
“persons claiming through a member” includes the heirs, executors or administrators and assignees of a member and (where nomination is allowed) the person's nominee;
“the PRA” means the Prudential Regulation Authority;
“PRA-authorised person” has the meaning given by section 2B of the Financial Services and Markets Act 2000;
“pre-commencement society” has the meaning given by section 150;
“registered”, in relation to a society's name or office, means the name or office for the time being registered under this Act in respect of the society;
“registered rules”, in relation to a registered society, means the rules registered under this Act, as amended by any amendment of the rules that has been so registered;
“registered society” has the meaning given by section 1;
the FCA's “seal” means the seal provided for in regulations made under section 109(1)(b) of the Friendly Societies Act 1974 (and any reference to a document sealed by the FCA is to be read accordingly).