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
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
2. β(1)The Building Societies Act 1986 is amended as follows.
(2) In section 61 (directors: supplementary provisions as to elections, etc. )( 2 )β
(a) in paragraphs (b) and (c) of subsection (2), for βΒ£100β substitute βΒ£200β;
(b) in subsection (3)(a), for βΒ£250β substitute βΒ£500β.
(3) In section 64(2) (substantial property transactions involving directors and connected persons) ( 3 )β
(a) in paragraph (a), for βΒ£100,000β substitute βΒ£200,000β;
(b) in paragraph (b)β
(i) for βΒ£500,000β substitute βΒ£1,000,000β;
(ii) for βΒ£1,000β substitute βΒ£2,000β.
(4) In section 65 (restrictions on loans, etc. to directors and persons connected with them)( 4 )β
(a) in subsection (2)(a), for βΒ£5,000β substitute βΒ£10,000β;
(b) in subsection (2)(c), for βΒ£100,000β substitute βΒ£200,000β;
(c) in subsection (3)(a), for βΒ£10,000β substitute βΒ£20,000β;
(d) in subsection (4)(a), for βΒ£5,000β substitute βΒ£10,000β;
(e) in subsection (6)(b), for βΒ£20,000β substitute βΒ£40,000β.
(5) In section 68 (records of loans, etc. for directors falling within section 65)β
(a) in subsection (7), for βΒ£1,000β substitute βΒ£2,000β;
(b) in subsection (8), for βΒ£5,000β substitute βΒ£10,000β.
(6) In section 69(12) (disclosure and record of income of related businesses), for βΒ£5,000β substitute βΒ£10,000β.
(7) In paragraph 20A(7) of Schedule 2 (establishment, incorporation and constitution of building societies), for βΒ£25β substitute βΒ£50β.
Modification of the funding limit calculation
3. β(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 relevant 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 relevant 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 the modifications required by this article and by section 7(3)(aa) , be the value of X on that day.
(4) Where an individual declares that he is depositing a sum with a relevant 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.
(5) In this article, β a relevant subsidiary undertaking β 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 Majestyβs Treasury
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 .
Section 61(2) was substituted by section 28(1) of the Building Societies Act 1997.
Section 64(2)(a) was amended by S.I. 1995/1872 .
Section 65(2), (3), (4) and (6) were amended by S.I. 1995/1872 .