Modifications etc. (not altering text)
C1Sch. 2 modified (3.1.1995) by 1994 c. 40, ss. 17(3), 82(2)
Modifications etc. (not altering text)
C2Sch. 2 Pt. III (paras. 20–36) excluded (temp.) by S.I. 1986/2168, art. 3(1)(2)
C3Sch. 2 Pt. III (paras. 20–36) modified by S.I. 1987/426, art. 4
28U.K.No resolution of a building society shall be passed as a borrowing members’ resolution unless it is required to be so passed by or under any provision of this Act or by the rules of the society.
29(1)A resolution of a building society shall be a borrowing members’ resolution when it has been passed by a majority of the borrowing members of the society voting either—
(a)in person or by proxy on a poll on the resolution at a meeting of the society of which notice specifying the intention to move the resolution as a borrowing members’ resolution has been duly given; or
(b)in a postal ballot on the resolution of which notice specifying that the resolution will not be effective unless it is passed as a borrowing members’ resolution has been duly given.
(2)For the purposes of this Part of this Schedule a person is a borrowing member of a building society at any time if at that time his indebtedness to the society is in respect of an advance fully secured on land and the amount of his mortgage debt is not less than the prescribed amount.
(3)Where a borrowing member’s resolution approving a transfer of engagements by a building society is moved, only those borrowing members whose mortgages are to be transferred shall be entitled to vote on the resolution.
(4)In any rules made by a building society after the commencement of this paragraph, “borrowing members’ resolution", unless the context otherwise requires, means a borrowing members’ resolution as defined in this paragraph.