C1Part 2Regulation of Social Housing
Chapter 6Regulatory powers
Management and constitution
I3211Non-profit providers only
This group of sections applies only to non-profit registered providers.
212Industrial and provident society: change of rules
I41
This section applies to an industrial and provident society.
2I1
An amendment of the society's rules requires consent if it—
a
alters the society's objects,
b
makes provision about the distribution of assets to members, or
c
enables the society to become, or cease to be, a subsidiary or associate of another body.
I43
An amendment of the rules which requires consent is effective only if the regulator has first consented.
I44
The regulator may not consent to an amendment which it thinks would turn the society into a profit-making organisation.
I45
The society must notify the regulator of an amendment of the rules which does not require consent.
I46
In relation to an amendment which requires consent the requirement in section 10(1) of the Industrial and Provident Societies Act 1965 (c. 12) (sending copies of amendment of rules to F1Financial Conduct Authority) is satisfied only if the copies are accompanied by a copy of the regulator's consent.
I47
The preceding provisions of this section shall be treated as if they formed part of that Act as well as of this Act.
8I1
The Secretary of State may by order amend the list in subsection (2).
I5213Charity: change of objects
1
This section applies to a registered charity which is not a registered company.
2
An amendment of the charity's objects is effective only if the Charity Commission has first consented.
3
Before giving consent the Charity Commission must consult the regulator.
214Companies: change of articles
I61
This section applies to a registered company.
2I2
An amendment of the company's articles of association requires consent if it—
a
alters the company's objects,
b
makes provision about the distribution of assets to members, or
c
enables the company to become, or cease to be, a subsidiary or associate of another body.
I63
An amendment of the articles of association which requires consent is effective only if the regulator has first consented.
I64
The regulator may not consent to an amendment which it thinks would turn the company into a profit-making organisation.
I65
The company must notify the regulator—
a
of an amendment of the articles of association which does not require consent, or
b
of a change to its name or registered office.
I66
In relation to an amendment which requires consent the requirement in section 30 of the Companies Act 2006 (c. 46) (sending copy of resolution to registrar) is satisfied only if the copy is accompanied by a copy of the regulator's consent.
7I2
The Secretary of State may by order amend the list in subsection (2).
Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 911141517)