General and miscellaneousU.K.

31 Interpretation, etc.E+W+S

(1)In this Act—

  • F1. . .

  • [F2“body corporate” includes a partnership regarded as a legal person under the law of the country or territory in which it was established;]

  • “charitable", in the application of this Act to Scotland, shall be construed in the same way as in the Income Tax Acts;

  • [F3 “ civil partner ” includes former civil partner [F4 and reputed civil partner ] ; ]

  • [F5“corporate member”, in relation to a credit union, has the meaning assigned to it by section 5A above;]

  • “credit union”, except in the expression “Northern Ireland credit union", means a society registered under the 1965 Act by virtue of section 1 above;

  • [F6“interest-bearing share” has the meaning assigned to it by section 7A(6) above;]

  • “the 1965 Act” means the Industrial and Provident Societies Act 1965;

  • “non-qualifying member”, in relation to a credit union, has the meaning assigned to it by sections 5(5) and 21(4) above;

  • [F7“Part IV permission" means a permission given by the Authority under Part IV of the 2000 Act or having effect as if so given;]

  • [F8“partnership” means a partnership not regarded as a legal person under the law of the country or territory in which it was established;]

  • “relative”, in relation to any person, means any of the following—

    (a)

    his spouse [F9 or civil partner ];

    (b)

    any lineal ancestor, lineal descendant, brother, sister, aunt, uncle, nephew, niece or first cousin of his or his spouse [F9 or civil partner ]; and

    (c)

    the spouse [F9 or civil partner ] of any relative within paragraph (b) above;

    and for the purpose of deducing any such relationship an illegitimate child or step-child shall be treated as [F10 the legitimate child of the relationship in question ];

  • “spouse” includes former spouse and reputed spouse; and

  • F11. . .

[F12(1A)In this Act, references to a deposit or accepting deposits must be read with—

(a)section 22 of the 2000 Act;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

(2)Section 67 and sections [F1370A, F14. . .72 and] 74 of the 1965 Act (supplementary provisions as to recovery of costs, fees, regulations, documents F15. . . and general interpretation provisions) shall apply for the purposes of this Act as they apply for the purposes of that Act.

(3)In its application to credit unions the 1965 Act shall have effect subject to the provisions of this Act and with the omission of the following provisions (which are replaced by, or are inconsistent with, provisions of this Act), that is to say sections 6, 12, 19, 21, 30 and 31.

[F16(4) Sections 7(1)(b) (registered society not to carry on the business of banking), [F17sections 39 to 39B (annual returns etc.)] F18 and section 40 (display of latest balance sheet) F19 of the 1965 Act (which are replaced by, or are inconsistent with, provisions of the 2000 Act) do not apply to credit unions. ]

Textual Amendments

F1Definition of “authorised bank” in s. 31(1) omitted (2.7.2002) by virtue of S.I. 2002/1501, arts. 1(1), 2(20)(a)(i)

F7Definition of “Part IV permission” in s. 31(1) inserted (2.7.2002) by S.I. 2002/1501, arts. 1(1), 2(20)(a)(ii)

F11Definition of “statutory maximum” in s. 31(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

F12S. 31(1A) substituted (2.7.2002) by S.I. 2002/1501, arts. 1(1), 2(20)(b)

F13Words in s. 31(2) substituted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. IV para. 289(a) (with art. 13(3)); S.I. 2001/3538, art. 2(1)

F14Words in s. 31(2) omitted (3.7.2002) by virtue of S.I. 2002/1555, arts. 1, 7(3)

F16S. 31(4) inserted (2.7.2002) by S.I. 2002/1501, arts. 1(1), 2(20)(c)

F19Repealed in part by S.I.1996/1738.

Modifications etc. (not altering text)

C1S. 31(1) extended (1.1.1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para. 9