Administration of Justice Act 1985

Supplementary

66 Consequential provisions relating to building societies

(1) A building society may, at any time during the period of three years beginning with the commencement of this section, alter the rules of the society by resolution of the board of directors so as to provide for conveyancing services to be carried out on the society's behalf, in relation to estates or interests in land in England and Wales, by all or any of the following, namely—

(a) a recognised body within the meaning of section 9 of this Act;

(b) a licensed conveyancer ; and

(c) a recognised body within the meaning of Part II of this Act.

(2) Where any alteration of the rules of a building society is effected under subsection (1), the society shall send to the central office two copies of the alteration signed by three members and the secretary and a statutory declaration by an officer of the society that the alteration was effected by resolution of the board of directors.

(3) Where copies are sent to the central office in accordance with subsection (2), and the central office find that the alteration is in conformity with the 1962 Act and this section, they shall return one of the copies to the secretary or other officer of the society with a certificate of registration, and shall retain and register the other copy.

(4) If a building society fails to comply with subsection (2) the society and every officer of the society who is in default, shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

(5) The power to alter its rules under subsection (1) shall cease to be exercisable by a building society if, during the period of three years mentioned in that subsection, a special resolution is passed altering (in any respect) the rules of the society in pursuance of section 17(1) of the 1962 Act (alteration of rules).

(6) Section 34(4) of the 1962 Act (restriction on commissions for introduction of mortgage business) shall apply to a body or person falling within any of paragraphs (a) to (c) of subsection (1) of this section as it applies to a solicitor.

(7) This section and the 1962 Act shall be construed as if this section were contained in that Act, and in this section—

• " the 1962 Act " means the [1962 c. 37.] Building Societies Act 1962 ;

• " conveyancing services " shall be construed in accordance with section 11(3) of this Act;

• " licensed conveyancer " has the meaning given by section 11(2) of this Act;

• " the standard scale " has the meaning given by section 75 of the [1982 c. 48.] Criminal Justice Act 1982.

67 Consequential amendments and repeals

(1) The enactments specified in Schedule 7 shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(2) The enactments specified in Schedule 8 are hereby repealed, to the extent specified in the third column of that Schedule.

68 Extent: power to make corresponding provision for Northern Ireland

(1) With the exception of the provisions referred to in subsection (2), this Act does not extend to Scotland or Northern Ireland.

(2) Those provisions are—

(a) sections 59 and 60 ;

(b) sections 62 to 64, section 67(2) and Schedule 8 so far as they relate to the [1846 c. 16.] Justices Protection (Ireland) Act 1849, the [1978 c. 23.] Judicature (Northern Ireland) Act 1978 and the [1982 c. 53.] Administration of Justice Act 1982, and paragraph 16 of Schedule 9.

(c) section 66;

(d) this section ; and

(e) section 69.

(3) Of those provisions—

(a) subsections (1) to (5) of section 60 extend to the Isle of Man as well as to Scotland and Northern Ireland ;

(b) the provisions referred to in subsection (2)(b) extend to Northern Ireland only; and

(c) section 66 does not extend to Northern Ireland.

(4) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of section 45 or 52 of this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House.

69 Short title, commencement, transitional provisions and savings

(1) This Act may be cited as the Administration of Justice Act 1985.

(2) Subject to subsections (3) and (4), this Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint; and an order under this subsection may appoint different days for different provisions and for different purposes.

(3) The following provisions of this Act shall come into force on the day this Act is passed—

(a) section 63;

(b) Part I of Schedule 8 and section 67(2) so far as relating thereto;

(c) section 68;

(d) this section and Schedule 9.

(4) The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) sections 45,49, 52, 54, 56 to 62 and 64 and 65 ;

(b) paragraph 8 of Schedule 7 and section 67(1) so far as relating thereto;

(c) Part II of Schedule 8 and section 67(2) so far as relating thereto.

(5) The transitional provisions and savings contained in Schedule 9 shall have effect; but nothing in that Schedule shall be taken as prejudicing the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to repeals).