Co-operative and Community Benefit Societies Act 2014

Housing Act 1996 (c. 52) E+W+S

55 E+W+S The Housing Act 1996 is amended as follows.

56 E+W+S For “an industrial and provident society” (in each place except in section 1A) substitute “ a registered society ”.

57 E+W+S In section 1A (Welsh bodies) for paragraph (b) (not including the “or” at the end of it) substitute—

“(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014 (in this Part, a “registered society”) whose registered office for the purposes of that Act is in Wales,”.

58 E+W+S In section 2(1)(b) (eligibility for registration) for the words from “a society” to “1965” substitute “ a registered society ”.

59 (1) Section 48(2) (powers of the manager: transfer of engagements) is amended as follows. E+W+S

(2) For “section 51 or 52 of the Industrial and Provident Societies Act 1965” substitute “ section 110 or 112 of the Co-operative and Community Benefit Societies Act 2014 ”.

(3) For the second sentence substitute—

“In particular, it does not prejudice any right of a creditor of the society.”

60 E+W+S In section 57 (definitions relating to industrial and provident societies) in the heading for “industrial and provident societies” substitute “ registered societies ”.

61 E+W+S In section 59(1)(b) (meaning of “officer” of registered social landlord) for “section 74 of the Industrial and Provident Societies Act 1965” substitute “ section 149 of the Co-operative and Community Benefit Societies Act 2014 ”.

62 E+W+S In section 60(1)(c) (meaning of “subsidiary”) for “the Friendly and Industrial and Provident Societies Act 1968” substitute “ Part 7 of the Co-operative and Community Benefit Societies Act 2014 ”.

63 E+W+S In section 61(2) (meaning of “associate”) for “the Friendly and Industrial and Provident Societies Act 1968” substitute “ Part 7 of the Co-operative and Community Benefit Societies Act 2014 ”.

64 (1) Section 64 (index of defined expressions: Part 1) is amended as follows. E+W+S

(2) In the entry for “co-opted member” for “industrial and provident society” substitute “ registered society ”.

(3) Omit the entry for “industrial and provident society”.

(4) In the appropriate place insert—

“registered society

section 1A.”

65 (1) Schedule 1 (regulation of registered social landlords) is amended as follows. E+W+S

(2) In the heading before paragraph 8 for “Industrial and provident society” substitute “ Registered society ”.

(3) In the heading before paragraph 9 for “industrial and provident society” substitute “ registered society ”.

(4) In paragraph 9—

(a) in sub-paragraph (4) for the words from “section” to “1965” substitute “ section 16 of the Co-operative and Community Benefit Societies Act 2014 (“the 2014 Act”) ”;

(b) in sub-paragraph (5)—

(i) for “The Industrial and Provident Societies Act 1965” substitute “ The 2014 Act ”;

(ii) for “section 10” substitute “ section 16 ”.

(5) In the heading before paragraph 12 for “industrial and provident society” substitute “ registered society ”.

(6) In paragraph 12—

(a) in sub-paragraph (2) for paragraphs (a) to (c) substitute—

“(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),”;

(b) in sub-paragraph (4)(b) for the words from “section 55(3)” to the end substitute “ section 123(3)(a) of the 2014 Act. ”;

(c) in sub-paragraph (5)—

(i) for the words from “section” to “1965” substitute “ section 121 of the 2014 Act ”;

(ii) for “section 58(6)” substitute “ section 122 ”.

(7) In paragraph 13(4) for the words from “section 53” to “society)” substitute “ section 115 of the Co-operative and Community Benefit Societies Act 2014 (conversion of company into registered society) ”.

(8) In paragraph 14(1)(b) for “section 55(1)(a) of the Industrial and Provident Societies Act 1965” substitute “ section 123 of the Co-operative and Community Benefit Societies Act 2014 ”.

(9) In paragraph 15—

(a) in sub-paragraph (1)(a) for the words from “section 55(1)(a)” to “dissolution)” substitute “ section 119 or 123 of the Co-operative and Community Benefit Societies Act 2014 (dissolution by instrument of dissolution or by winding up) ”;

(b) in sub-paragraph (2) for “the Industrial and Provident Societies Act 1965” substitute “ the Co-operative and Community Benefit Societies Act 2014 ”.

(10) In paragraph 15H—

(a) in sub-paragraph (1)(b) for “another industrial and provident society” substitute “ another registered society ”;

(b) in sub-paragraph (3) for “another industrial and provident society” substitute “ another registered society ”;

(c) in sub-paragraph (4) for “section 50 of the Industrial and Provident Societies Act 1965” substitute “ section 109 of the Co-operative and Community Benefit Societies Act 2014 ”.

(11) In the heading before paragraph 17 for “Industrial and provident societies” substitute “ Registered societies ”.

(12) In paragraph 17—

(a) in sub-paragraph (1) for “industrial and provident societies” substitute “ registered societies ”;

(b) for sub-paragraph (2) substitute—

“(2) Section 85 of the Co-operative and Community Benefit Societies Act 2014 (“the 2014 Act”) (duty to obtain accountant's report) has effect, in its application to such a landlord, with the omission of subsection (1)(b) (accountant's report required only where turnover exceeds a specified sum).”;

(c) in sub-paragraph (4) for paragraph (b) substitute—

“(b) section 83 of the 2014 Act (duty to appoint auditors) did not apply for the year because of a resolution under section 84 of that Act (power to disapply auditing requirements).”;

(d) for sub-paragraph (5) substitute—

“(5) In this paragraph “qualified auditor” and “year of account” have the same meaning as in Part 7 of the 2014 Act (for “year of account” see sections 77 and 78 of that Act).”