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Statutory Instruments

2007 No. 860

Building Societies

The Building Societies Act 1986 (Substitution of Specified Amounts and Modification of the Funding Limit Calculation) Order 2007

Made

15th March 2007

Laid before Parliament

16th March 2007

Coming into force

6th April 2007

The Treasury make the following Order in exercise of the powers conferred by sections 7(7)(a), 7(8), 61(4), 64(3), 65(8), 68(9), 69(12) of, and paragraph 20A(13) of Schedule 2 to, the Building Societies Act 1986( 1 ):

Citation and commencement I1

1. This Order may be cited as the Building Societies Act 1986 (Substitution of Specified Amounts and Modification of the Funding Limit Calculation) Order 2007 and comes into force on 6th April 2007.

Substitution of specified amounts I2

2. —(1) The Building Societies Act 1986 is amended as follows.

(2) In section 61 (directors: supplementary provisions as to elections, etc. )( 2 )—

(a) in paragraphs (b) and (c) of subsection (2), for “£100” substitute “£200”;

(b) in subsection (3)(a), for “£250” substitute “£500”.

(3) In section 64(2) (substantial property transactions involving directors and connected persons) ( 3 )—

(a) in paragraph (a), for “£100,000” substitute “£200,000”;

(b) in paragraph (b)—

(i) for “£500,000” substitute “£1,000,000”;

(ii) for “£1,000” substitute “£2,000”.

(4) In section 65 (restrictions on loans, etc. to directors and persons connected with them)( 4 )—

(a) in subsection (2)(a), for “£5,000” substitute “£10,000”;

(b) in subsection (2)(c), for “£100,000” substitute “£200,000”;

(c) in subsection (3)(a), for “£10,000” substitute “£20,000”;

(d) in subsection (4)(a), for “£5,000” substitute “£10,000”;

(e) in subsection (6)(b), for “£20,000” substitute “£40,000”.

(5) In section 68 (records of loans, etc. for directors falling within section 65)

(a) in subsection (7), for “£1,000” substitute “£2,000”;

(b) in subsection (8), for “£5,000” substitute “£10,000”.

(6) In section 69(12) (disclosure and record of income of related businesses) , for “£5,000” substitute “£10,000”.

(7) In paragraph 20A(7) of Schedule 2 (establishment, incorporation and constitution of building societies) , for “£25” substitute “£50”.

Modification of the funding limit calculation I3

3. —(1) Subsections (2) and (3) of section 7 of the Building Societies Act 1986 (the funding limit) are modified as follows in their application to the liabilities of [F1 relevant F1] subsidiary undertakings of a building society.

(2) For the purposes of section 7(2), there shall be disregarded so much of the aggregate of the principal value of, and interest accrued on, sums deposited with any [F2 relevant F2] subsidiary undertaking of the society by individuals acting otherwise than as bare trustees for bodies corporate or for persons who include bodies corporate as does not exceed the limit in paragraph (3).

(3) In respect of any day by reference to which the value of X falls to be calculated for the purposes of section 7(1) in relation to the society, that limit is 10 per cent. of the amount which would, apart from [F3 the modifications required by this article and by section 7(3)(aa) F3] , be the value of X on that day.

(4) Where an individual declares that he is depositing a sum with [F4 a relevant F4] subsidiary undertaking of a building society otherwise than as a bare trustee for a body corporate or for persons who include a body corporate, he shall, unless the contrary is shown, be conclusively presumed for the purposes of section 7 to have deposited the sum otherwise than as such a trustee.

F6 (5) In this article, “ [F5 a relevant subsidiary undertaking F5] ” means a subsidiary undertaking that is incorporated or otherwise established in ... the Channel Islands, the Isle of Man or Gibraltar.

Frank Roy

Claire Ward

Two of the Lords Commissioners of Her Majesty’s Treasury

( 1 )

1986 (c.53) . Section 7(7)(a) was substituted by section 8 of the Building Societies Act 1997 (c.32) and amended by S.I. 2001/2617 . Section 61(4) was substituted by section 28(2) of the Building Societies Act 1997 and amended by S.I. 2001/2617 . Sections 64(3), 65(8), 68(9) and 69(12) were amended by S.I. 2001/2617 . Paragraph 20A of Schedule 2 was inserted by section 25 of the Building Societies Act 1997 and sub-paragraph (13) was amended by S.I. 2001/2617 .

( 2 )

Section 61(2) was substituted by section 28(1) of the Building Societies Act 1997.

( 3 )

Section 64(2)(a) was amended by S.I. 1995/1872 .

( 4 )

Section 65(2), (3), (4) and (6) were amended by S.I. 1995/1872 .

Status: There are currently no known outstanding effects for the The Building Societies Act 1986 (Substitution of Specified Amounts and Modification of the Funding Limit Calculation) Order 2007.
The Building Societies Act 1986 (Substitution of Specified Amounts and Modification of the Funding Limit Calculation) Order 2007 (2007/860)
Version from: 31 December 2020

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Word in art. 3(1) substituted (31.12.2020) by The Building Societies Legislation (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1187) , regs. 1 , 11(a) ; 2020 c. 1 , Sch. 5 para. 1(1) substituted
F2 Word in art. 3(2) substituted (31.12.2020) by The Building Societies Legislation (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1187) , regs. 1 , 11(b) ; 2020 c. 1 , Sch. 5 para. 1(1) substituted
F3 Words in art. 3(3) substituted (18.2.2014) by Financial Services (Banking Reform) Act 2013 (c. 33) , s. 148(2) , Sch. 9 para. 3(1) (with Sch. 9 para. 3(2) ) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F4 Words in art. 3(4) substituted (31.12.2020) by The Building Societies Legislation (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1187) , regs. 1 , 11(c) ; 2020 c. 1 , Sch. 5 para. 1(1) substituted
F5 Words in art. 3(5) substituted (31.12.2020) by The Building Societies Legislation (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1187) , regs. 1 , 11(d)(i) ; 2020 c. 1 , Sch. 5 para. 1(1) substituted
F6 Words in art. 3(5) omitted (31.12.2020) by virtue of The Building Societies Legislation (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1187) , regs. 1 , 11(d)(ii) ; 2020 c. 1 , Sch. 5 para. 1(1) omitted
I1 Art. 1 in force at 6.4.2007, see art. 1
I2 Art. 2 in force at 6.4.2007, see art. 1
I3 Art. 3 in force at 6.4.2007, see art. 1
Defined Term Section/Article ID Scope of Application
a relevant subsidiary undertaking art. 3. def_ad3d5fa5e2

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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