The Building Societies Act 1986 (Electronic Communications) Order 2003

Electronic transmission of notices and statements in connection with a members' resolution

16.—(1) In Schedule 2 to the 1986 Act, paragraph 32 (members' resolutions: supplementary provisions) is amended as follows.

(2) After sub-paragraph (2) insert—

“(2A) Sub-paragraph (2B) applies where, in a case in which a society gives notice in accordance with paragraph 22A or 22B of this Schedule of the annual general meeting at which a resolution is intended to be moved, the notice of the resolution and the copy of a statement in respect of the resolution that are required to be sent to a member under paragraph 3 1 (1)(a) or (b) are not transmitted or published at the same time as the notice.

(2B) The requirement of sub-paragraph (2) to send a member his notice of the resolution and his copy of a statement in the same manner as the notice of the annual general meeting is satisfied if—

(a) a notice of the resolution and a copy of the statement are made available to the member in the same way as the notice; or

(b) such a notice and such a copy (without being made available to the member in that way) are sent to the member in a manner set out by the society for the purpose in the notice.

(2C) Where a notice of a resolution and copy of a statement are sent to a member electronically under sub-paragraph (2B), they must be sent to an electronic address notified by the member for the purpose.

(2D) The requirements of sub-paragraph (2) or (2B)(a) are satisfied by the publication of a notice of the resolution and a copy of the statement on a web site only if—

(a) the notice of the annual general meeting at which the resolution is intended to be moved is a notice given to that member by being published on a web site;

(b) an agreement between the society and the member to his accessing information on a web site applies to the notice of a resolution and copy of a statement for the meeting in question;

(c) the member is notified, in a manner agreed between the society and the member, of—

(i) the publication of the notice of a resolution and copy of a statement on a web site,

(ii) the address of that web site,

(iii) the place on that web site where the notice and copy may be accessed, and how they may be accessed;

(d) the notification for the purposes of paragraph (c) is given no later than the day after the date on which the notice of a resolution and the copy of a statement are first capable of being accessed on the notified web site;

(e) that date was the same as the date on which the notice of the annual general meeting was first capable of being accessed on a web site or (in a case to which sub-paragraph (2B)(a) applies) was as soon as practicable after that date;

(f) the notice of a resolution and copy of a statement are continuously published on the notified web site for a period beginning (so far as practicable) at the same time as the notices and statements are sent to members in accordance with sub-paragraph (2), and ending with the conclusion of the annual general meeting at which the resolution is moved.”.

(3) After sub-paragraph (3) insert—

“(3A) Where, in a case in which sub-paragraph (2D) is relied on for compliance with a requirement of sub-paragraph (2) or (2B)(a)—

(a) a notice or copy published for a part, but not all, of the period mentioned in subparagraph (2D)(f), but

(b) the failure to publish it throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the society to prevent or avoid,

the failure shall not invalidate the proceedings at the meeting.”.