SCHEDULES

SCHEDULE 1E+W+S Registered social landlords: regulation

Part IIE+W+S Constitution, change of rules, amalgamation and dissolution

Amalgamation and dissolution &c. of [F1registered society]E+W+S

Textual Amendments

F1Words in Sch. 1 para. 12 heading substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 65(5) (with Sch. 5)

12(1)This paragraph applies to [F2a registered society] whose registration as a social landlord has been recorded by the [F3Financial Conduct Authority].E+W

(2)The [F3Financial Conduct Authority] shall not register a special resolution which is passed for the purposes of—

[F4(a)section 109 of the Co-operative and Community Benefit Societies Act 2014 (“the 2014 Act”) (amalgamation of societies),

(b)section 110 of that Act (transfer of engagements between societies), or

(c)section 112 of that Act (conversion of society into a company etc),]

unless, together with the copy of the resolution, there is sent to [F5it] a copy of the [F6Relevant Authority’s] consent to the amalgamation, transfer or conversion.

(3)Any new body created by the amalgamation or conversion or, in the case of a transfer of engagements, the transferee, shall be deemed to be registered as a social landlord forthwith upon the amalgamation, conversion or transfer taking effect.

(4)If the society resolves by special resolution that it be wound up voluntarily under the M1Insolvency Act 1986, the resolution has no effect unless—

(a)before the resolution was passed the [F6Relevant Authority] gave its consent to its passing, and

(b)a copy of the consent is forwarded to the [F3Financial Conduct Authority] together with a copy of the resolution required to be so forwarded in accordance with [F7section 123(3)(a) of the 2014 Act.]

(5)If the society is to be dissolved by instrument of dissolution, the [F3Financial Conduct Authority] shall not—

(a)register the instrument in accordance with [F8section 121 of the 2014 Act], or

(b)cause notice of the dissolution to be advertised in accordance with [F9section 122] of that Act,

unless together with the instrument there is sent to [F10it] a copy of the [F6Relevant Authority’s] consent to its making.

(6)The references in this paragraph to the [F6Relevant Authority’s] consent [F11are—

(a)if it is given by the Housing Corporation, to consent given by order under its seal, and

(b)[F12Consent given by] the [F13Welsh Ministers] [F14under this paragraph shall be] given by order in writing.]

Textual Amendments

F2Words in Act substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 56 (with Sch. 5)

F4Sch. 1 para. 12(2)(a)-(c) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 65(6)(a) (with Sch. 5)

F5Word in Sch. 1 para. 12(2) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(b)(ii)

F6Words in Pt. I substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 82(1)(2) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F7Words in Sch. 1 para. 12(4)(b) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 65(6)(b) (with Sch. 5)

F8Words in Sch. 1 para. 12(5) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 65(6)(c)(i) (with Sch. 5)

F10Word in Sch. 1 para. 12(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 357(3)(d)(ii)

F11Sch. 1 para. 12(6)(a)(b) and the word “are” immediately preceding substituted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 96(3) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5.

F13Words in Sch. 1 para. 12(6) substituted (18.10.2011) by Housing (Wales) Measure 2011 (nawm 5), s. 90(2), Sch. para. 15; S.I. 2011/2475, arts. 1(2), 2(v)

Modifications etc. (not altering text)

Marginal Citations