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Modifications etc. (not altering text)
C1Pt. IV (ss. 24-33) modified (1.7.1995) (temp. until 31.12.1999) by S.I. 1995/1442, reg. 54(2)
(1)There shall be a body corporate to be known as the Building Societies Investor Protection Board (in this Part referred to as “the Board”) which—
(a)shall hold, manage and apply in accordance with the protective scheme provisions of this Part a fund to be known as the Building Societies Investor Protection Fund (referred to in those provisions as “the Fund”); and
(b)shall, if it so determines under section 26 in relation to a building society which has become insolvent, levy contributions to the Fund from authorised building societies in accordance with that section; and
(c)shall have such other functions as are conferred on the Board by the protective scheme provisions of this Part.
(2)Schedule 5 to this Act shall have effect with respect to the constitution of the Board and the procedural and other matters there mentioned.
(3)In this Act “the protective scheme provisions” means sections 25 to 29.
(1)The Fund shall consist of—
(a)contributions levied from building societies under section 26;
(b)moneys borrowed by the Board under section 26(14);
(c)income credited to the Fund in accordance with subsection (3) below;
(d)payments made to the Board under subsection (6) below; and
(e)money credited to the Fund in accordance with section 29.
(2)The moneys constituting the Fund from time to time shall be placed by the Board in an account with the Bank of England.
(3)So far as possible, the Bank of England shall invest moneys placed with it under subsection (2) above in Treasury bills; and any income from moneys so invested shall be credited to the Fund.
(4)The administrative expenses of the Board shall be defrayed out of the Fund.
(5)There shall be chargeable to the Fund—
(a)payments to meet adminstrative expenses of the Board in accordance with subsection (4) above;
(b)moneys required for the repayment of the Board’s borrowings, and interest thereon, under section 26(14); and
(c)payments to investors under section 27 and any expenses incurred in connection with the making of such payments;
(d)payments to contributory societies under section 29(7);
and, in the protective scheme provisions of this Part—
[F1“authorised institution” means an institution authorised under the Banking Act 1987]
“the expenses attributable to the insolvency", with reference to a building society insolvency, means all the sums chargeable to the Fund under paragraphs (a) to (d) above in respect of that insolvency except that, in the case of payments to meet administrative expenses of the Board, it means so much only of those expenses as the Board determines shall be attributed to the insolvency; and
“insolvency payments to investors” means the payments under section 27 referred to in paragraph (c) above, and “insolvency payment” has a corresponding meaning; and
F2.
(6)The Commission shall, at the request of the Board, make payments to it towards the administrative expenses of the Board.
(7)In so far as the Board authorises any [F3authorised institution] or building society to receive on its behalf any contributions levied by the Board and to make on its behalf any of the insolvency payments to investors out of the sums so received, the sums so received need not be paid into the Fund and payments need not be made out of the Fund but shall be treated as if they were respectively comprised in and charged on the Fund and shall be accounted for accordingly
Textual Amendments
F1Definition inserted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 26(2)
F2Definitions repealed by Banking Act 1987 (c. 22, SIF 10), s. 108, Sch. 6 para. 26(2), Sch. 7 Pt. I
F3Words substituted by Banking Act 1987 (c. 22, SIF 10), s. 108(1), Sch. 6 para. 26(3)
Modifications etc. (not altering text)
C2S. 25 extended (1. 1. 1993) by S.I. 1992/3218, reg. 82(1), Sch. 10 Pt. I para.22(b)
Valid from 01/07/1995
(1)For the purpose of the protective scheme provisions of this Part, a building society becomes insolvent—
(a)on the making by the Commission of a determination that, for reasons which directly relate to the society’s financial circumstances, the society—
(i)is unable to repay investments which are due and payable; and
(ii)has no current prospect of being able to do so; or
(b)on the making by a court in any part of the United Kingdom, or in another EEA State, of a judicial ruling which—
(i)directly relates to the society’s financial circumstances; and
(ii)has the effect of suspending the ability of investors to make claims against the society,
but only if investments made with the society have become due and payable and have not been repaid; and the occurrence of any of those events in those circumstances constitutes a 'participating institution insolvency’ for the purposes of those provisions.
(2)For the purposes of the protective scheme provisions of this Part, a participating EEA institution becomes insolvent—
(a)on the making by the supervisory authority in the institution’s home State of a declaration that investments held by the institution are no longer available; or
(b)on the making by a court in any part of the United Kingdom, or in an EEA State other than the institution’s home State, of a judicial ruling which—
(i)directly relates to the institution’s financial circumstances; and
(ii)has the effect of suspending the ability of investors to make claims against the institution,
but only if, in a case falling within paragraph (b) above, investments made with the society have become due and payable and have not been repaid; and the occurrence of any of those events, in those circumstances in a case falling within that paragraph, constitutes a 'participating institution insolvency’ for the purposes of those provisions.
(3)For the purposes of the protective scheme provisions of this Part—
(a)a participating institution which has become insolvent by virtue of such a determination or declaration as is mentioned in subsection (1)(a) or (2)(a) above ceases to be insolvent on any withdrawal of the determination or declaration; and
(b)a participating institution which has become insolvent by virtue of such a judicial ruling as is mentioned in subsection (1)(b) or (2)(b) above ceases to be insolvent on any reversal of the ruling (whether on appeal or otherwise).
(4)In relation to a building society, it shall be the duty of the Commission—
(a)to make such a determination as is mentioned in subsection (1)(a) above within 21 days of its being satisfied as there mentioned; and
(b)to withdraw such a determination within 21 days of its ceasing to be so satisfied.
(5)In this section 'investment’—
(a)in relation to a building society or Irish building society, means a deposit with or a share in the society;
(b)in relation to any other participating institution, means a deposit with the institution.]
Textual Amendments
F4S. 25A inserted (1.7.1995) by S.I. 1995/1442, reg. 38 (with transitional and transitory provisions in regs. 53(2), 54(2))
Modifications etc. (not altering text)
C3S. 25A(4)(a) modified (1.7.1995) by S.I. 1995/1442, reg. 53(4) (with transitory provisions in reg. 54(2))
(1)For the purposes of the protective scheme provisions of this Part a building society becomes insolvent—
(a)on the making of a winding-up order against it,
(b)on the passing of a resolution for a creditor’s voluntary winding up, or
(c)on the holding of a creditors’ meeting summoned under section 95 of the M1Insolvency Act 1986 or [F5Article 541 of the M2Companies (Northern Ireland) Order 1986][F5Article 81 of the Insolvency (Northern Ireland) Order 1989] (effect of insolvency on members’ voluntary winding up);
and the occurrence of any of those events constitutes a “building society insolvency” for the purposes of those provisions.
(2)If a building society becomes insolvent the Board may levy contributions to the Fund for the purposes of making insolvency payments to investors at such level of investor protection as the Board determines under section 27 and meeting the other expenses attributable to the insolvency.
(3)All building societies (other than the insolvent building society) authorised on the date of the insolvency are liable to contribute to the Fund and are in the protective scheme provisions of this Part referred to as “contributory societies”.
(4)If, on a building societybecoming insolvent, the Board determines to levy contributions under subsection (2) above then, subject to subsection (10) below, it shall levy a contribution from each of the contributory societies and the amount of the contribution due from a society shall be determined by applying to its share and deposit base a percentage determined by the Board for the purpose of the contributions levied to meet the expenses attributable to the insolvency.
(5)The Board, in determining for the purposes of a building society insolvency
(a)whether or not to levy contributions and, if so,
(b)the percentage to be applied under subsection (4) above to the share and deposit bases of the contributory societies, and
(c)the level of investor protection to be given by the insolvency payments to investors,
shall have regard to the factors specified in subsection (6) below.
(6)Those factors are-
(a)the amount available to meet the expenses attributable to the insolvency from the contributions leviable from contributory societies, and
(b)the amount of the expenses attributable to the insolvency at any level of investor protection.
(7)If it appears to the Board, as respects a building society insolvency, that the contributions it has levied will be insufficient to make the insolvency payments to investors at the level of investor protection determined by the Board under section 27, the Board may levy further contributions under subsection (2) above from the contributory societies.
(8)Contributions to the Fund shall be levied on a contributory"society by the Board by service on the society of a notice specifying the amount (or further amount) due, which shall be paid by the society not later than twenty-one days after the date on which the notice is served.
(9)In relation to any contribution, the share and deposit base of a contributory society is such amount as represents the aggregate of so much of the society’s liablilities as is referable to sums deposited with the society or to shares in the society as shown in the latest balance sheet sent to the Commission in accordance with section 81.
(10)No contributory society shall be required to pay a contribution if, or to the extent that, the amount of that contribution, together with previous contributions levied under this section for the purposes of any building society insolvency, after allowing for any repayments made to it under section 29, amounts to more than 03 per cent. of the society’s share and deposit base as ascertained for the purposes of the contribution in question.
(11)Nothing in subsection (10) above—
(a)shall entitle a society to repayment of any contribution previously made, or
(b)shall prevent the Board from proceeding to levy contributions from other contributory societies in whose case the limit in that subsection has not been reached.
(12)The Treasury may, after consultation with the Board, by order made by statutory instrument, amend subsection (10) above so as to substitute for the percentage for the time being specified in that subsection such other percentage as may be specified in the order.
(13)No order shall be made under subsection (12) above unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(14)If, as respects a building society insolvency, it appears to the Board desirable to do so for the purpose of facilitating the making of insolvency payments to investors, the Board may borrow temporarily for that purpose subject, however, to the limit imposed by subsection (15) below.
(15)The aggregate of the amounts outstanding in respect of the principal of and interest due on sums borrowed under subsection (14) above shall not at any time exceed the aggregate of the sums leviable at that time from contributory societies for the purposes of any insolvency.
(16)Any sums borrowed by the Board under subsection (14) above in respect of a building society insolvency shall be repaid as soon as practicable after the contributions levied in respect of the insolvency have been paid by the contributory societies.
(17)In this section “the level of investor protection”, in relation to insolvency payments to investors, means the proportion applicable for the purpose of calculating the amount of those payments under section 27.
Textual Amendments
F5Words substituted (prosp.) by S.I. 1989/2405 (N.I. 19), arts. 2(1), 381, Sch. 9 Pt. II para. 42
Modifications etc. (not altering text)
C4S. 26(9) modified by S.I. 1986/2169, art. 8
Marginal Citations
(1)Subjec t to the provisions of this section, if a building society becomes insolvent and the Board determines under section 26 to levy contributions for the purpose of making payments to investors under this section the Board shall as soon as practicable pay out of the Fund to persons who have at the date of the determination protected investments in the building society amounts equal to Part IVthe proportion of their protected investments applicable under subsection (2) below for the purpose of calculating the amount of those payments.
(2)The proportion applicable for that purpose is 90 per cent. or such lesser proportion as the Board determines to apply instead of it where it considers it expedient to do so having regard to the factors specified in section 26(6).
(3)A person claiming to be entitled to a payment under this section in respect of his protected investment in an insolvent building society shall make his claim in such form, with such evidence proving it, and within such period, as the Board directs and either to the Board or to such other [F6authorised institution] or building society authorised by the Board to make the payments on its behalf, as the Board directs.
(4)The Board may decline to make any payment under subsection (1) above to a person who, in the opinion of the Board, had any responsibility for, or may have profited directly or indirectly from, the cirumstances giving rise to the society’s financial difficulties.
(5)For the purposes of this section in its application in relation to a building society which has become insolvent—
(a)a person has at any time a protected investment in the society if he has a deposit with, or a share in, the society; and
(b)his protected investment is the total liability of the society to him, limited to a maximum of [F7£20,000], which is referable to sums deposited with the society or to his shares in the society.
(6)The Treasury, after consultation with the Board, may by order made by statutory instrument—
(a)amend subsection (2) above so as to substitute for the percentage for the time being specified in that subsection such other percentage as may be specified in the order; and
(b)amend subsection (5)(b) above so as to substitute for the sum for the time being specified in that paragraph such other sum as may be specified in the order.
(7)No order shall be made under subsection (6) above unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(8)In determining whether a person has a protected investment in a building society and the amount of it there shall be disregarded—
(a)any shares of which his are deferred shares,
(b)any deposit which, on a winding up, would fall to be repaid only after repayment in full had been made to the holders of shares in the society other than deferred shares; and
(c)any deposit which is evidenced by a certificate of deposit or other negotiable instrument.
(9)In determining what is the protected investment of an investor, no account shall be taken of any liability unless proof of the debt or claim which gives rise to it has been lodged with the liquidator of the society.
(10)Unless the Board otherwise directs in any particular case or class of case, in determining the total liability of an insolvent building society to any person for the purposes of subsection (1) above, there shall be deducted the amount of any liability of that person to the society—
(a)in respect of which a right of set-off existed immediately before the society became insolvent against any such investment of his as is referred to in that subsection, or
(b)in respect of which such a right would then have existed if the investment in question had been repayable on demand and the liability in question had fallen due.
(11)Payments under this section in respect of a protected investment in an insolvent building society may, if the Board thinks fit, be made by such instalments as it determines for the purposes of that insolvency.
(12)Schedule 6 to this Act, which contains provisions about investments held by trustees or jointly or on client’s account, shall have effect.
Textual Amendments
F6Words substituted by Banking Act 1987 (c. 22, SIF, 10), s. 108(1), Sch. 6 para. 26(3)
F7 “£20,000" substituted by S.I. 1987/1349, art. 2
Valid from 09/06/1997
(1)The following provisions of this section have effect notwithstanding that the Board may not yet have made or become liable to make a payment under section 27(1) in relation to a participating institution which has become insolvent.
(2)The Board shall at all times be entitled to receive any notice or other document required to be sent to a creditor of the institution whose debt has been proved.
(3)A duly authorised representative of the Board shall be entitled—
(a)to attend any meeting of creditors of the institution and to make representations as to any matter for decision at that meeting;
(b)to be a member of any committee established under section 301 of the Insolvency Act 1986;
(c)to be a commissioner under section 30 of the M3Bankruptcy (Scotland) Act 1985;
(d)to be a member of a committee established for the purposes of Part IV or V of the M4Insolvency Act 1986 under section 101 of that Act or under section 141 or 142 of that Act;
(e)to be a member of any committee established under Article 274 of the M5Insolvency (Northern Ireland) Order 1989; and
(f)to be a member of a committee established for the purposes of Part V or VI of the Insolvency (Northern Ireland) Order 1989 under Article 87 or under Article 120 of that Order.
(4)Where a representative of the Board exercises his right to be a member of such a committee as is mentioned in paragraph (b), (d), (e) or (f) of subsection (3) above, or to be a commissioner by virtue of paragraph (c) of that subsection—
(a)he may not be removed except with the consent of the Board; and
(b)his appointment under that subsection shall be disregarded for the purposes of any provision made by or under any enactment which specifies a minimum or maximum number of members of such a committee or commission.]
Textual Amendments
F8S. 27A inserted (9.6.1997) by 1997 c. 32, s. 43, Sch. 7 para. 8; S.I. 1997/1427, art. 2(k)(n)(i)
Marginal Citations
(1)This section applies where—
(a)a building society has become insolvent,
(b)the Board has determined under section 26 to levy contributions for the purpose of making insolvency payments to investors in the society, and
(c)the Board, by virtue of the determination, has made, or is under a liability to make, an insolvency payment to an investor in respect of his protected investment.
(2)Where this section applies—
(a)the insolvent society shall become liable to the Board, as in respect of a contractual debt incurred immediately before the society became insolvent, for an amount equal to the amount of the insolvency payment to the investor;
(b)the liability of the society to the investor, whether referable to deposits or referable to shares of his (in this section referred to as “the liability to the investor”), shall be reduced by an amount equal to the insolvency payment made or to be made to him by the Board; and
(c)the respective duties of the liquidator of the insolvent building society—
(i)to make payments to the Board on account of the liability imposed by paragraph (a) above and to the investor on account of the liability to the investor so far as that liability is referable to deposits of his (after taking account of paragraph (b) above), and
(ii)to make payments to the Board on account of the liability imposed by paragraph (a) above and to the investor on account of the liability to the investor so far as that liability is referable to shares of his (after taking account of paragraph (b) above),
shall be varied in accordance with subsection (4) and subsection (5) below;
and in those subsections “the liability to the Board” means the liability imposed by paragraph (a) above on the society.
(3)Where the society’s liability to the investor is referable to both shares and deposits, the amount equal to the insolvency payment to him shall, for the purposes of subsection (2) (b) above, be first applied in reduction of the liability referable to his shares then, if that amount exceeds that liability, in reduction of the liability referable to his deposits.
(4)The variation in the liquidator’s duty where the liability to the investor is referable to deposits of his is as follows—
(a)in the first instance the liquidator shall pay to the Board instead of to the investor any amounts which, apart from this section, would be payable on account of the liability to the investor referable to deposits of his except in so far as that liability relates to a secured deposit; and
(b)if at any time the total amount paid to the Board by virtue of paragraph (a) above and in respect of the liability to the Board equals the amount of the insolvency payment referable to deposits of the investor, the liquidator shall thereafter pay to the investor instead of to the Board any amount which, apart from this section, would be payable to the Board in respect of the liability to the Board.
(5)The variation in the liquidator’s duty where the liability to the investor is referable to shares of his is as follows—
(a)in the first instance the liquidator shall pay to the Board instead of to the investor any amounts which, apart from this section, would be payable on account of the liability to the investor referable to shares of his; and
(b)if at any time the total amount paid to the Board by virtue of paragraph (a) above and in respect of the liability to the Board equals the amount of the insolvency payment referable to shares of the investor, the liquidator shall thereafter pay to the investor instead of to the Board any amount which, apart from this section, would be payable to the Board in respect of the liability to the Board.
(6)In the case of a protected investment which, for the purposes of Schedule 6 to this Act, is held on trust for a person absolutely entitled to it against the trustees or, as the case may be, for two or more persons so entitled jointly, any reference in the preceding provisions of this section to the liability to the investor shall be construed as a reference to the liability of the insolvent society to the trustees.
(7)The Board may by notice served on the liquidator of an insolvent building society require him, at such time or times and at such place as may be specified in the notice,—
(a)to furnish to the Board such information, and
(b)to produce to the Board such books or papers specified in the notice.
as the Board may reasonably require to enable it to carry out its functions under the protective scheme provisions of this Part.
(8)Where, as a result of a building society having become insolvent, any books or papers have come into the possession of—
(a)in England and Wales, the Official Receiver,
(b)in Scotland, the liquidator, or
(c)in Northern Ireland, the [F9Official Assignee for company liquidations][F9the Official Receiver for Northern Ireland],
he shall permit any person duly authorised by the Board to inspect the books or papers for the purpose of establishing—
(i)the identity of those of the society’s investors to whom the Board is liable to make an insolvency payment; and
(ii)the amount of the protected investment held by each of those investors.
(9)Rules may be made—
(a)for England and Wales and for Scotland, under section 411 of the M6Insolvency Act 1986, and
(b)for Northern Ireland, under [F10Article 613 of the M7Companies (Northern Ireland) Order 1986][F10Article 359 of the Insolvency (Northern Ireland) Order 1989];
for the purpose of integrating the procedure provided for in this section into the general procedure on winding up.
Textual Amendments
F9Words substituted (prosp.) by S.I. 1989/2405 (N.I. 19), arts. 2(1), 381, Sch. 9 Pt. II para. 43(a)
F10Words substituted (prosp.) by S.I. 1989/2405 (N.I. 19), arts. 2(1), 381, Sch. 9 Pt. II para. 43(b)
Marginal Citations
(1)Any moneys received by the Board under section 28 in respect of a building society insolvency shall not form part of the Fund but, for the remainder of the financial year of the Board in which they are received, shall be retained for the purposes of this section in its application in relation to that insolvency and so far as appears to the Board appropriate, shall be invested in Treasury bills; and any income arising from moneys so invested during the remainder of the year shall be credited to the Fund.
(2)The Board shall, in connection with each building society insolvency for the purposes of which it has levied contributions under section 26, prepare a scheme for the making, out of moneys received by the Board under section 28 in respect of that insolvency, of repayments to the contributory societies in proportion to the contributions made by each such society in respect of the insolvency.
(3)As soon as practicable after the end of the financial year of the Board in which any moneys are received by the Board in respect of a building society insolvency, the Board shall, subject to subsection (4) below, make out of those moneys the payments required by the scheme made under subsection (2) above in connection with that insolvency.
(4)Where payments are due under subsection (3) above to building societies from whom contributions are due under section 26 for the purposes of other building society insolvencies, the Board may appropriate out of the moneys retained by it under subsection (1) above amounts not exceeding the contributions due from those societies and apply them as if they had been paid by those societies as contributions for the purposes of the other building society insolvencies.
(5)If the Board makes appropriations under subsection (4) above, then, the amounts so appropriated shall be treated for all purposes as having been paid by the Board to those societies in or towards discharge of its debts to them and paid by the societies to the Board as contributions and corresponding amounts shall be credited to the Fund and debited to the account kept for the purposes of this section.
(6)If in any financial year of the Board the payments made under subsection (3) above (in that and any previous years) in pursuance of a scheme under subsection (2) above are more than sufficient to provide for repayment in full of all the contributions to which the scheme related, the balance remaining of the moneys received and retained by Board as mentioned in subsection (1) above shall be credited to the Fund.
(7)The Board, having regard to the factors specified in subsection (8) below, shall, as respects sums representing—
(a)any balance credited to the Fund under subsection (6) above and any interest thereon, or
(b)any balance of the contributions received in respect of the insolvency remaining after the making of insolvency payments to investors and the meeting of the other expenses attributable to the insolvency and any interest thereon,
either retain them in the Fund or pay so much of them to the contributory societies in proportion to the contributions made by each such society in respect of the insolvency, as the Board may think fit.
(8)Those factors are—
(a)the likely level of future administrative expenses of the Board, and
(b)the likelihood of other building societies becoming insolvent and, if they did, the amount of the expenses likely to be attributable to those insolvencies and the amounts likely to be available from contributory societies to meet those expenses.
Valid from 01/07/1995
(1)If required to do so by a request in writing made by the Board, the Commission may by notice in writing served on a contributory institution require the institution, within such time and at such place as may be specified in the notice, to furnish the Board with such information and to produce to it such documents, or documents of such a description, as the Board may reasonably require for the purpose of determining the contributions of the institution under this Part of this Act.
(2)Subsections (6) to (10) of section 52 F12 shall have effect in relation to any requirement imposed under subsection (1) above on a building society as they have effect in relation to a requirement imposed under that section.
(3)The Board may by notice in writing served on an insolvent participating institution or, where a person has been appointed as liquidator of such an institution, on that person, require the institution or person, at such time or times and at such place as may be speciified in the notice—
(a)to furnish the Board with such information; and
(b)to produce to the Board such books or papers specified in the notice,
as the Board may reasonably require to enable it to carry out its functions under the protective scheme provisions of this Part.
(4)Where, as a result of a participating institution being wound up, any books or papers have come into the possession of the office-holder mentioned in subsection (5) below, he shall permit any person duly authorised by the Board to inspect the books or papers for the purpose of establishing—
(a)the identity of those of the institution’s investors to whom the Board is liable to make an insolvency payment; and
(b)the amount of the protected investment held by each of those investors.
(5)The office-holder referred to in subsection (4) above is—
(a)in England and Wales, the Official Receiver;
(b)in Scotland, the liquidator; and
(c)in Northern Ireland, the Official Receiver for Northern Ireland.]
Textual Amendments
F11S. 29A inserted (1.7.1995) by S.I. 1995/1442, reg. 43 (with transitional and transitory provisions in regs. 53(2), 54(2))
F12Section 52 was amended by the Banking Coordination (Second Council Directive) Regulations 1992 (S.I. 1992/3218), regulation 75.
Modifications etc. (not altering text)
C5Ss. 29-31: power to repeal conferred (9.6.1997) by 1997 c. 32, s. 32(5)(a); S.I. 1997/1427, art. 2(g)
In computing for the purposes of the Tax Acts the profits or gains arising from the trade carried on by a contributory building society—
(a)to the extent that it would not be deductible apart from this paragraph, any sum expended or treated under section 29 as expended by the society in paying a contribution to the Fund may be deducted as an expense; and
(b)any payment which is made or treated as made to the society by the Board under section 29(3) or (7) shall be treated as a trading receipt.
Modifications etc. (not altering text)
C6Ss. 29-31: power to repeal conferred (9.6.1997) by 1997 c. 32, s. 32(5)(a); S.I. 1997/1427, art. 2(g)