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Administration of Justice Act 1985

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This is the original version (as it was originally enacted).

66Consequential 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.

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