Building Societies Act 1986

15[F1(1)At any time when a building society—

(a)has had its [F2permission under Part IV of the Financial Services and Markets Act 2000 to accept deposits cancelled]; and

(b)has not [F3subsequently been given such permission],

a member of the society shall, subject to sub-paragraph (1A) below, have the right to obtain, from the register kept under paragraph 13 above, the names and addresses of members of the society, for the purpose of communicating with them on a subject relating to the affairs of the society.

(1A)Sub-paragraph (1) above shall not apply unless the member in question—

(a)is qualified under the rules of the society to join in a members’ requisition for a special meeting, or to join in nominating a person for election as a director; or

(b)would be so qualified if any requirements as to length of time a person must have been a shareholding or borrowing member were omitted.

(2)If, at any time not falling within sub-paragraph (1) above, a member of a building society who is qualified under the rules of the society to join in a members’ requisition for a special meeting, or to join in nominating a person for election as a director, makes a written application to the [F4Authority] for the right to obtain names and addresses from the register, the [F4Authority]—

(a)if satisfied that the applicant—

(i)requires that right for the purpose of communicating with members of the society on a subject relating to its affairs; and

(ii)has not, since making the application, voluntarily ceased to be a member of the society; and

(b)having regard to the interests of the members as a whole and to all the other circumstances; [F5and

(c) on payment by the applicant of a fee of £25 or such other amount as my be prescribed, may direct that the applicant shall have the right to obtain from the register the names and adddesses of the members for the purpose of communicating with them on that subject.]]

[F6(2A)The Authority may charge a reasonable fee for considering an application under sub-paragraph (2) above.]

(3)Any direction under sub-paragraph (2) above may be given subject to such limitations or conditions as the [F4Authority] may think fit.

(4)Before giving a direction under sub-paragraph (2) above, the [F4Authority] shall give particulars of the application to the building society and shall afford the society an opportunity of making representations with respect to the application; and the [F4Authority] shall, if the applicant or the society so requests, afford to the applicant and to the society an opportunity of being heard by it.

(5)A member entitled under this paragraph to obtain the names of members of a building society may apply in writing to the society, describing in the application the subject on which he proposes to communicate with other members of the society; and the society shall give him all necessary information as to the place or places where the register, or part of it, is kept, and reasonable facilities for inspecting the register and taking a copy of any names and addresses in the register.

(6)A building society shall not be obliged to disclose to a member making an application under this paragraph any particulars contained in the register other than the names of the members and their addresses, and may construct the register in such a way that it is possible to disclose the names and addresses to inspection without disclosing any such other particulars.

[F7F8(7)No information obtained under sub-paragraph (1) or (2) above or this sub-paragraph and relating to a member of the society may be disclosed except—

(a)with the consent of that member; or

(b)in the case of information obtained under sub-paragraph (1) or (2) above, for purposes connected with the purpose mentioned in that paragraph.

(8)Any person who discloses information in contravention of sub-paragraph (7) above shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or both; and

(b)on summary conviction, to a fine not exceeding the statutory maximum.

F7(9)The Treasury may, by regulations, prescribe the amount of any fees payable under sub-paragraph (2) above; and regulations under these sub-paragraph may include(a) provision for any fees so payable to be reduced or for payment of any fees to be waived by the Commission in circumstances determiined by or under the regulations; and(b) such incidental, supplementary and transitional provision as appears to the Treasury to be necessary or expedient.

(10)The power to make regulations under sub-paragraph (9) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)The amounts received by the Commission under suh-paragraph (2) above shall be applied as an appropriation in aid of money provided by Parliament for the expenses of the Commission under this Act, and in so far as not so applied, shall be paid into the Consolidated Fund]

Textual Amendments

F1Sch. 2 Pt. I para. 15(1)(1A)(2) substituted for Sch. 2 para. 15(1)(2) (9.6.1997) by 1997 c. 32, s. 37(1); S.I. 1997/1427, art. 2(i)

F2Words in Sch. 2 para. 15(1)(a) substituted (17.8.2001 for specified purposes and otherwiseprosp.) by S.I. 2001/2617, arts. 2(a), 8, 13(1), Sch. 3 Pt. II para. 200(h)(i) (with art. 13(3), Sch. 5)

F3Words in Sch. 2 para. 15(1)(b) substituted (17.8.2001 for certain purposes and otherwiseprosp.) by S.I. 2001/2617, arts. 2(a), 8, 13(1), Sch. 3 Pt. II para. 200(h)(ii) (with art. 13(3), Sch. 5)

F4Words in Sch. 2 para. 15 substituted (17.8.2001 for certain purposes and otherwiseprosp.) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 200(h)(iii) (with S. 13(3), Sch. 5)

F5Sch. 2 para. 15(2)(c) and the word “and" immediately preceding omitted (17.8.2001 for certain purposes otherwiseprosp.) by virtue of S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 200(h)(iv) (with S. 13(3), Sch. 5) and repealed (prosp.) by S.I. 2001/2617, arts. 2(b), 13(2), Sch. 4 (with art. 13(3), Sch. 5)

F6Sch. 2 para. 15(2A) inserted (17.8.2001 for certain purposes and otherwiseprosp.) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 200(h)(v) (with S. 13(3), Sch. 5)

F7Sch. 2 para 15(9)-(11) omitted (17.8.2001 for certain purposes otherwiseprosp.) by virtue of S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 200(h)(vi) (with S. 13(3), Sch. 5)