Credit Unions Act 1979

Section 19.

SCHEDULE 2 E+W+S Procedure in Relation to Directions Under Section 19

1 Not less than fourteen days before giving a direction, the [F1 Authority] shall serve on the credit union concerned, and on every member of its committee, a notice stating that [F2 it] proposes to give such a direction and specifying the nature of the direction [F2 it] proposes to give and the considerations which have led [F2 it] to conclude that [F2 it] should give such a direction.

Textual Amendments

F1 Word in Sch. 2 para. 1 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(a) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F2 Words in Sch. 2 para. 1 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(b) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

Modifications etc. (not altering text)

C1 Sch. 2 para. 1 excluded (2.7.2002) by S.I. 2002/1501, arts. 1(1), 6(2)

2 The [F3 Authority] shall consider any representations with respect to the notice which may be made to [F4 the Authority] by the credit union within such period as [F4 the Authority] may allow, not being less than fourteen days from the date on which the credit union is served with the notice, and, if the credit union so requests, shall afford [F5 the credit union] an opportunity of being heard by [F4 the Authority] within that period.

Textual Amendments

F3 Word in Sch. 2 para. 2 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(a) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F4 Words in Sch. 2 para. 2 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(c)(i) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F5 Words in Sch. 2 para. 2 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(c)(ii) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

Modifications etc. (not altering text)

C2 Sch. 2 para. 2 modified (2.7.2002) by S.I. 2002/1501, arts. 1(1), 6(5)

3 (1) On giving such a direction the [F6 Authority] shall serve the direction on the credit union and shall serve on every member of its committee a notice of the giving of the direction.

(2) The direction and notices served in accordance with subparagraph (1) above shall be accompanied by a notice specifying the considerations which have led the [F6 Authority] to conclude that [F7 it] should give the direction.

(3) The [F6 Authority] shall not have power to give such a direction unless all the considerations so specified were those, or were among those, which were specified in the notice under paragraph 1 above.

Textual Amendments

F6 Words in Sch. 2 para. 3 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(a) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F7 Word in Sch. 2 para. 3(2) substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(d) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

4 A notice under this Schedule may be served on a member of the committee of a credit union by sending it by post to his address, or latest address, as notified to the [F8 Authority] by him or by the credit union.

Textual Amendments

F8 Word in Sch. 2 para. 4 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(a) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

5 Failure to serve a notice under this Schedule on a committee member shall not affect the validity of a direction.

6 Notice of the giving of a direction shall be published by the [F9 Authority] in the Gazette and in any other manner which appears to [F10 it] to be necessary for informing the public.

Textual Amendments

F9 Word in Sch. 2 para. 6 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(a) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F10 Word in Sch. 2 para. 6 substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 291(e) (with art. 13(3)); S.I. 2001/3538, art. 2(1)