Paragraph 8
United Kingdom
Where an application is duly made for confirmation by the F1appropriate authority of an amalgamation, transfer of engagements or conversion, the appropriate authority shall confirm the amalgamation, transfer or conversion unless it is precluded from doing so by any of the following provisions of this Schedule.
If it appears to the appropriate authority, in relation to any amalgamation or transfer of engagements, that there is a substantial risk that the successor society or the person taking the transfer will not be able lawfully to carry out the engagements to be transferred to it under section 85(4) or 86(5) above, the appropriate authority—
shall not confirm the amalgamation or transfer; and
where it has confirmed the amalgamation or transfer, shall F2. . . withdraw its confirmation;
but it may not withdraw its confirmation on or after the transfer date for the amalgamation or transfer.
For the purposes of sub-paragraph (2) above, the appropriate authority may have regard to any requirements of the law of a country or territory outside the United Kingdom which appear to the appropriate authority to be relevant.
Annotations
Textual amendments
- F1
Words in Sch. 15 paras. 8-10 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(9) (with Sch. 12)
- F2
Words in Sch. 15 para. 8(2)(b) repealed (1.12.2001) by S.I. 2001/2617, arts. 2, 13(2), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
Notes on Schedule 15
Modifications
- C1
Sch. 15: power to modify conferred (16.1.2009) by Building Societies (Funding) and Mutual Societies (Transfers) Act 2007 (c. 26), ss. 3, 6(2); S.I. 2009/36, art. 2
Notes on Part II
Textual amendments
- F1
Words in Sch. 15 Pt. 2 heading substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(5) (with Sch. 12)
Notes on Confirmation by appropriate authority: General
Textual amendments
- F1
Words in Sch. 15 para. 8 cross-heading substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(8) (with Sch. 12)