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
33(1)The rules of a building society may provide for the voting in an election of directors or on any resolution of the society [F1(other than a shareholding members’ resolution or a borrowing members’ resolution)]to be conducted in all, or in any particular, circumstances by postal ballot; and in this Act “ballot” or “postal ballot”, in relation to an election or a resolution of the society, means the postal ballot, if any, taking place by virtue of those rules in the case of the election or the resolution in question.U.K.
(2)Where, under the rules of a society, a postal ballot is to take place, the following provisions of this paragraph have effect.
(3)Notice of a postal ballot shall be given not less than 21 nor more than 56 days before the date which the society specifies as the final date for the receipt of completed ballot papers (referred to in this paragraph as “the voting day”).
(4)Subject to the provisions of this Part of this Schedule, notice of a postal ballot shall be given to every member of the society who would be entitled to vote in the election or on the resolution if the voting date for the election or the resolution fell on the date of the notice.
[F2(5)Notice of the postal ballot shall, subject to those provisions, be given also to every person—
(a)who becomes a shareholding or borrowing member of the society after the date of the notice under sub-paragraph (4) above and before the voting day; or
(b)who, being such a member at the date of that notice, attains the age of 18 after that date and on or before the voting day,
and who would (in either case) be eligible to vote in the election or on the resolution if he remained such a member until that day.]
(6)Notice of a postal ballot—
(a)shall contain such other notices relating to the election or resolution, and
(b)shall be accompanied by such other documents,
as would be required to be given or sent to a member in connection with notice of a meeting, had it been intended to hold the election or vote on the resolution at a meeting instead of by postal ballot with the exception, however, of any notice relating to voting by proxy at a meeting.
(7)Accidental omission—
(a)to give notice of a postal ballot, or
(b)to send any document required by sub-paragraph (6) above to accompany such a notice,
to any person entitled to receive it, or non-receipt of such a notice or document by such a person, does not invalidate the postal ballot.
Textual Amendments
F1Words in Sch. 2 Pt. III para. 33(1) inserted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 43, 47(3), Sch. 7 para. 57(14); S.I. 1997/2668, art. 2, Sch. Pt. II(w)(z)(xxxiv)
F2Sch. 2 Pt. III para. 33(5) substituted (1.12.1997 in specified cases and for specified purposes and otherwise in accordance with art. 2(2)(3)(5) of S.I. 1997/2668) by 1997 c. 32, ss. 43, 47(3), Sch. 7 para. 57(15); S.I. 1997/2668, art. 2, Sch. Pt. II(w)(z)(xxxiv)