OpenLegislation

Paragraph 12

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies to F1a registered society whose registration as a social landlord has been recorded by the F2Financial Conduct Authority.

(2)

F3The society must notify the Welsh Ministers of a special resolution which it has 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),

F5...

F6(2A)

On giving notification under sub-paragraph (2), a society must also provide the Welsh Ministers with a statement about the consultation carried out by the society with its tenants before passing the resolution to which the notification relates.

(2B)

But the requirement in sub-paragraph (2A) does not apply in respect of a resolution passed for the purposes of paragraph (a) of section 112(1) of the 2014 Act (conversion of society into a company).

(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, F7the society must notify the Welsh Ministers of the resolution.

F8(5)

If an instrument of dissolution is approved in accordance with section 119(3) of the 2014 Act (dissolution of society by instrument), the society to which the instrument relates must notify the Welsh Ministers of the approval.

F9(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words 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)

F2

Words in Sch. 1 para. 12 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 11 para. 5(1)(2)(f) (with Sch. 12)

F3

Words in Sch. 1 para. 12(2) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 4(2)(a), 19(2); S.I. 2018/777, art. 3(a)

F4

Sch. 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)

F5

Words in Sch. 1 para. 12(2) omitted (15.8.2018) by virtue of Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 4(2)(b), 19(2); S.I. 2018/777, art. 3(a)

F6

Sch. 1 para. 12(2A)(2B) inserted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 4(3), 19(2); S.I. 2018/777, art. 3(a)

F7

Words in Sch. 1 para. 12(4) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 4(4), 19(2); S.I. 2018/777, art. 3(a)

F8

Sch. 1 para. 12(5) substituted (15.8.2018) by Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 4(5), 19(2); S.I. 2018/777, art. 3(a)

F9

Sch. 1 para. 12(6) omitted (15.8.2018) by virtue of Regulation of Registered Social Landlords (Wales) Act 2018 (anaw 4), ss. 4(6), 19(2); S.I. 2018/777, art. 3(a)

Marginal citations

M1

1986 c. 45.

Notes on Amalgamation and dissolution &c. of registered society

Textual amendments

F1

Words 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)