Paragraph 10A F1
United Kingdom
This paragraph and paragraph 10B below apply where a building society carries on business under a name other than the following, namely—
its registered name;
its registered name with the omission of the words “Building Society”; and
its registered name with an addition which merely indicates that the business is carried on in succession to a former building society with which it has merged.
The society shall not, without the written approval of the F2FCA , carry on business under a name which—
would be likely to give the impression that the business is connected with Her Majesty’s Government or with any local authority, or
includes any word or expression for the time being specified in regulations made under sub-paragraph (3) below.
The F3Treasury may, by regulations—
specify words or expressions for the use of which as or as part of a business name the approval of the F4FCA is required by sub-paragraph (2) above, and
in relation to any such word or expression, specify a Government department or other body for the purposes of sub-paragraph (4) below.
Where the society proposes to carry on business under a name which is or includes any such word or expression, and a government department or other body is specified under sub-paragraph (3)(b) above in relation to that word or expression, the society shall—
request (in writing) the relevant body to indicate whether (and if so why) it has any objections to the proposal, and
submit to the F5FCA a statement that such a request has been made and a copy of any response received from the relevant body.
For the purposes of this paragraph “local authority” means—
any local authority within the meaning of the M1Local Government Act 1972, the Common Council of the City of London or the Council of the Isles of Scilly;
any local authority within the meaning of the M2Local Government etc. (Scotland) Act 1994;
any district council within the meaning of the M3Local Government Act (Northern Ireland) 1972.
Annotations
Textual amendments
- F1
Sch. 2 Pt. I paras. 10A-10C inserted (1.12.1997) by 1997 c. 32, s. 36(4); S.I. 1997/2668, art. 2, Sch. Pt. I(h)
- F2
Word in Sch. 2 para. 10A(2) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 53(6) (with Sch. 12)
- F3
Words in Sch. 2 para. 10A(3) substituted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 200(e) (with S. 13(3), Sch. 5); S.I. 2001/3538, art. 2
- F4
Word in Sch. 2 para. 10A(3) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 53(6) (with Sch. 12)
- F5
Word in Sch. 2 para. 10A(4) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 8 para. 53(6) (with Sch. 12)
Marginal citations
- M1
- M2
- M3
Modifications
- C1
Sch. 2 para. 10A(3); Functions of Building Societies Commission transferred (1.12.2001) to the Treasury by S.I 2001/2617, arts. 2(b), 4(1), Sch. 1 Pt. III; 2001/3538 art. 2(1)
Notes on Schedule 2
Modifications
- C1
Sch. 2 modified (3.1.1995) by 1994 c. 40, ss. 17(3), 82(2)
- C2
Sch. 2 applied (with modifications) (7.4.2010) by The Building Societies (Financial Assistance) Order 2010 (S.I. 2010/1188), arts. 1(2), 8
Notes on Restrictions on business names
Textual amendments
- F1
Cross-heading inserted (1.12.1997) by 1997 c. 32, s. 36(4); S.I. 1997/2668, art. 2, Sch. Pt. I(h)