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Building Societies Act 1997 (c. 32)Introductory TextPart I Constitution and powers (ss. 1-12)1. Principal purpose and powers.2. Membership and liability of members.3. Capacity etc.4. The lending limit.5. Loans secured on land.6. Loans fully secured on land.7. Discharge of mortgages.8. The funding limit.9. Raising funds and borrowing.10. Restrictions on certain transactions.11. Restriction on creation of floating charges.12. Superseded provisions of 1986 Act.Part II Powers of control of Commission (ss. 13-24)13. Power to direct restructuring of business etc.14. Power to make prohibition orders.15. Powers to petition for winding up etc.16. Imposition or variation of conditions in urgent cases.17. Power to direct transfers of engagements or business.18. Notification and confirmation of transfer directions.19. Revocation: supplementary directions.20. Notification and confirmation of supplementary directions.21. The criteria of prudent management.22. Statements of principles etc. by Commission.23. Rights of appeal.24. Determination of appeals.Part III Accountability to members (ss. 25-31)25. Special meeting on members' requisition.26. Failure to comply with members' requisition.27. Election of directors: general.28. Election of directors: supplementary.29. Acquisition or establishment of a business.30. Information about transfers or proposed transfers of business.31. Transfers of business: increased remuneration etc.Part IV Protection of investors and investigation of complaints (ss. 32-35)32. Amalgamation of building society and banking protection schemes.33. Liability of insolvent society in respect of payments made by Board.34. Recognised schemes for investigation of complaints.35. Persons entitled to have complaints investigated.Part V Miscellaneous and supplemental (ss. 36-47)Miscellaneous (ss. 36-43)36. Registered and business names.37. Access to registers of members.38. Transactions with directors and persons connected with them.39. Application of certain insolvency legislation.40. Abolition of priority liquidation distribution rights.41. Protective provisions for specially formed successors.42. Registration of charges by building societies.43. Other amendments of 1986 Act.Supplemental (ss. 44-47)44. Financial provisions.45. Minor and consequential amendments.46. Transitional provisions, savings and repeals etc.47. Short title, interpretation, commencement and extent.Schedule 1 Capacity of society and power of directors to bind it [Part II of Schedule 2 to 1986 Act]Schedule 2 Discharge of mortgages: supplementary provisions [Schedule 2A to 1986 Act]Schedule 3 Directions: supplementary provisions [Schedule 7A to 1986 Act]Schedule 4 Transfer directions: modifications of Part X [Schedule 8A to 1986 Act]Schedule 4, Part I Directions under section 42B(3) (paras. 1-5)Schedule 4, Part II Directions under section 42B(4) (paras. 6-11)Schedule 5 Information about transfers or proposed transfers of business [Part I of Schedule 17 to 1986 Act]Schedule 5, Part I Issue of statement or summary to members (paras. 1-5)Schedule 5, Part II Notification of proposals for transfers of business [Part IA of Schedule 17 to 1986 Act] (paras. 5A-5E)Schedule 6 Application of other companies insolvency legislation to building societies [Schedule 15A to 1986 Act]Schedule 6, Part I General mode of application (paras. 1-5)Schedule 6, Part II Modified Application of Parts I and II and Chapter I of Part III of Insolvency Act 1986 (paras. 6-27)Schedule 6, Part III Modified Application of Parts II, III and IV of Insolvency (Northern Ireland) Order 1989 (paras. 28-49)Schedule 7 Other amendments of 1986 ActSchedule 8 Transitional provisions and savingsSchedule 9 Repeals and revocations
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 9 June 1997 - onwards
Version 2 of 2

42. Registration of charges by building societies.

After section 104 of the 1986 Act there shall be inserted the following section -

"104A Registration of charges: application of company law

(1) For the purpose of securing the registration of charges created by building societies, the Secretary of State may, by order made with the concurrence of the Treasury and after consultation with the Commission, provide that such of the provisions of -

(a) Part XII of the [1985 c. 6.] Companies Act 1985 (registration of charges); and

(b) Part XIII of the [S.I. 1986/1032 (N.I.6).] Companies (Northern Ireland) Order 1986,

as may be specified in the order shall apply in relation to building societies, and charges created by building societies, with such modifications as may be so specified.

(2) An order under this section may make different provision for different cases or different areas and may contain such incidental, supplemental and transitional provisions as may appear to the Secretary of State to be necessary or expedient.

(3) The power to make an order under this section is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."

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