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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 25 July 1986

Building Societies Act 1986 (c. 53)

Comparing proposed amendment...
Introductory Text
Part I Functions of the Financial Conduct Authority and the Prudential Regulation Authority (ss. 1-4)
In force
1. Functions of the Financial Conduct Authority and the Prudential Regulation Authority in relation to building societies.
Deleted
2. Financial provision for Commission.
Deleted
3. Accounts of Commission and audit.
Deleted
4. Annual and other reports.
Part II Constitution of Building Societies (ss. 5-9B)
Establishment (ss. 5-6)
In force
5. Establishment, constitution and powers.
In force
6. The lending limit.
Making Loans (ss. 6A-6C)
In force
6A. Loans secured on land.
In force
6B. Loans fully secured on land.
In force
6C. Discharge of mortgages.
Raising funds and borrowing (ss. 7-9)
In force
7. The funding limit.
In force
8. Proportion of liabilities to be in form of shares.
Repealed
9. Initial authorisation to raise funds and borrow money.
Restrictions on powers (ss. 9A-9B)
In force
9A. Restrictions on certain transactions.
Omitted
9B. Restriction on creation of floating charges.
Part III Advances, loans and other assets (ss. 10-23)
Class 1 advances and class 2 advances secured on land (ss. 10-13)
Repealed
10. Advances secured on land.
Repealed
11. Class 1 and class 2 advances.
Repealed
12. Class 1 and class 2 advances: supplementary provisions.
Repealed
13. Security for advances: valuation and supplementary and related provisions.
Other advances secured on land (ss. 14-14A)
Repealed
14. Power to make advances secured on land overseas.
Repealed
14A. Power to participate in secured syndicated lending.
Other commercial assets (ss. 15-19)
Repealed
15. Loans for mobile homes.
Repealed
16. Power to lend to individuals otherwise than by class 1 or class 2 advances etc.
Repealed
17. Power to hold and develop land as commercial asset.
Repealed
18. Power to invest in subsidiaries and other associated bodies.
Repealed
19. Power for Treasury to add powers to hold other descriptions of class 3 assets.
Commercial asset structure requirements (s. 20)
Repealed
20. Commercial asset structure requirements for building societies.
Liquid assets (s. 21)
Repealed
21. Liquid assets.
Liabilities of associated bodies (s. 22)
Repealed
22. Obligation to meet liabilities of associated bodies.
Other powers (s. 23)
Repealed
23. Power to hedge.
Part IV Protection of Investors (ss. 24-33)
Investor Protection Scheme (ss. 24-30)
Repealed
24. The Building Societies Investor Protection Board.
Repealed
25. The Investor Protection Fund.
Repealed
25A. Meaning of insolvency etc.
Repealed
26. Power to levy contributions and to borrow money in event of insolvency.
Repealed
27. Payments to investors.
Repealed
27A. Membership of insolvency committees etc.
Repealed
28. Liability of insolvent society in respect of payments by Board.
Repealed
29. Repayments in respect of contributions.
Repealed
29A. Power to obtain information.
Repealed
30. Tax treatment of contributions and repayments.
Other provisions (ss. 31-33)
Repealed
31. Voluntary schemes.
In force
32. Special provisions as regards investors.
Repealed
33. Assistance by building societies to other building societies.
Part V Powers to Provide Services (ss. 34-35)
Repealed
34. Powers to provide financial services or services relating to land.
Repealed
35. Prohibition on linking services.
Part VI Powers of Control of the Appropriate Authority (ss. 36-57)
Powers in relation to asset or liability structure requirements (ss. 36-37)
In force
36. Powers in event of breach of limits on certain assets and liabilities.
In force
36A. Power to make prohibition orders.
In force
37. Powers to petition for winding up etc.
Power to determine extent of building society powers (ss. 38-40)
Repealed
38. Power to determine building society's powers.
Repealed
39. The determination: notification, effect, appeal.
Repealed
40. Power to make prohibition orders.
Powers in relation to authorisation (ss. 41-45)
Repealed
41. Power to direct application to renew authorisation.
Repealed
42. Imposition of conditions on current authorisation.
Repealed
42A. Imposition or variation of conditions in urgent cases.
In force
42B. Power to direct transfers of engagements or business.
In force
42C. Variation and revocation of transfer directions.
Repealed
43. Revocation of authorisation
Repealed
43A. Revocation: supplementary directions.
Repealed
43B. Notification and confirmation of supplementary directions.
Repealed
44. Reauthorisation.
Repealed
45. The criteria for prudent management.
General functions of Commission (ss. 45AA-45A)
Repealed
45AA. Statements of principles etc. by Commission.
Repealed
45A. Exercise of powers on information from supervisory authority.
Notices, hearings and appeals (ss. 46-49)
In force
46A. Notices, hearings and appeals.
Deleted
47. Determination of appeals.
Deleted
48. Costs, procedure and evidence.
Deleted
49. Further appeals on points of law.
Advertising etc. (ss. 50-51)
Repealed
50. Powers to control advertising.
Repealed
51. Power to avoid apparent association with other bodies.
Information (ss. 52-54)
In force
52. Powers to obtain information and documents etc.
In force
52B. Entry of premises under warrant under section 176 of the Financial Services and Markets Act 2000.
In force
53A. Disclosure of information.
In force
54. Information disclosed to FCA or PRA from other sources.
Inspections, etc. (ss. 55-57)
In force
55. Investigations on behalf of FCA or PRA.
In force
56. Inspections and special meetings: general.
In force
57. Inspections: supplementary provisions.
Part VII Management of Building Societies (ss. 58-70)
Directors and other officers (ss. 58-61)
In force
58. Directors: number.
In force
59. Chief executive and secretary.
In force
60. Directors: elections and retirement.
In force
61. Directors: supplementary provisions as to elections, etc.
Dealings with directors (ss. 62-68)
In force
62. Prohibition of tax-free payments to directors.
In force
63. Directors to disclose interests in contracts and other transactions.
In force
64. Substantial property transactions involving directors and connected persons.
In force
65. Restriction on loans, etc. to directors and persons connected with them.
In force
66. Sanctions for breach of s. 65.
In force
66A. Transactions with directors and persons connected with them.
In force
67. Directors, etc. not to accept commissions in connection with loans.
In force
68. Records of loans, etc. for directors falling within s. 65.
Disclosure and record of related businesses (s. 69)
In force
69. Disclosure and record of income of related businesses.
Interpretation (s. 70)
In force
70. Interpretation of this Part.
Part VIII Accounts and Audit (ss. 71-82)
Accounting records (s. 71)
In force
71. Accounting records.
Accounts (ss. 72-76)
Deleted
72. Duty of directors to prepare annual accounts.
In force
72A. Duty to prepare individual accounts.
In force
72B. Building Societies Act individual accounts.
In force
72C. Form and contents of Building Societies Act individual accounts.
In force
72D. IAS individual accounts.
In force
72E. Duty to prepare group accounts.
In force
72F. Building Societies Act group accounts.
In force
72G. Form and contents of Building Societies Act group accounts.
In force
72H. IAS group accounts.
In force
72I. Consistency of accounts.
In force
72J. Disclosures relating to directors, other officers and employees of society required in notes to accounts.
In force
72K. Disclosures about related undertakings required in notes to accounts.
In force
72L.Disclosures relating to off-balance-sheet arrangements required in notes to accounts.
In force
72M. Disclosure of auditor remuneration required in notes to accounts.
Deleted
73. Contents and form of annual accounts.
In force
74. Duty of directors to prepare annual business statement.
In force
75. Directors' report.
In force
75A. Business review.
In force
76. Summary financial statement for members and depositors.
Auditors and audit of accounts (ss. 77-79)
In force
77. Auditors: appointment, tenure, etc.
In force
78. Auditor's report.
In force
78A. Signature of auditors' report.
In force
78B. Senior statutory auditor.
In force
78C. Names to be stated in copies of auditor's report filed or published.
In force
78D. Circumstances in which names may be omitted.
In force
79. Auditor's duties and powers.
Procedure on completion of accounts (ss. 80-82)
In force
80. Signing of balance sheet: documents to be annexed.
In force
81. Laying and furnishing accounts, etc. to members, the FCA and the PRA.
In force
81A. Requirements in connection with publication of accounts.
In force
81B. Interpretation of Part 8.
Repealed
82. Auditors' duties to Commission and related rights.
Part IX Disputes (ss. 83-85)
Repealed
83. Recognised schemes for investigation of complaints.
Repealed
83A. Persons entitled to have complaints investigated.
Repealed
84. Investigation of complaints: supplementary provisions.
In force
85. Settlement of disputes.
Part X Dissolution, Winding Up, Mergers and Transfer of Business (ss. 86-103)
Dissolution and winding up (ss. 86-92)
In force
86. Modes of dissolution and winding up.
In force
87. Dissolution by consent.
In force
88. Voluntary winding up.
In force
89. Winding up by court: grounds and petitioners.
In force
89A. Building society insolvency as alternative order.
In force
90. Application of winding up legislation to building societies.
In force
90A. Application of other companies insolvency legislation to building societies.
In force
90B. Power to alter priorities on dissolution and winding up.
In force
90C. Application of bank insolvency and administration legislation to building societies.
In force
90D. Notice to the FCA and the PRA of preliminary steps.
In force
90E. Disqualification of directors.
In force
91. Power of court to declare dissolution of building society void.
In force
92. Supplementary.
New business (s. 92A)
In force
92A. Acquisition or establishment of a business.
Mergers (ss. 93-96)
In force
93. Amalgamations.
In force
94. Transfer of engagements.
In force
95. Mergers: provisions supplementing ss. 93 and 94.
In force
96. Mergers: compensation for loss of office and bonuses to members.
Transfer of business to commercial company (ss. 97-102D)
In force
97. Transfer of business to commercial company.
In force
98. Transfers of business: supplementary provisions.
In force
99. Regulated terms: compensation for loss of office, etc.
In force
99A. Transfers of business: increased remuneration etc.
In force
100. Regulated terms: distributions and share rights.
In force
101. Protective provisions for specially formed successors.
In force
102. Transfer regulations.
In force
102A. Rights of second-named joint shareholders.
In force
102B. Protection of interests of beneficiaries in the case of trustee account holders.
In force
102C. Consequences of false declaration.
In force
102D. Provisions supplementary to sections 102B and 102C.
Cancellation of registration (s. 103)
In force
103. Cancellation of registration.
Part XI Miscellaneous and Supplementary and Conveyancing Services (ss. 104-126)
Miscellaneous and supplementary (ss. 104-123)
In force
104. Power to amend, etc. to assimilate to company law.
In force
104A. Registration of charges: application of company law.
Repealed
105. Limited power to anticipate future statutory instrument powers.
In force
106. Public file of the society.
In force
107. Restriction of use of certain names and descriptions.
Repealed
108. Power to require building society to change misleading name.
In force
109. Exemption from stamp duty.
In force
109A. Exemptions from stamp duty land tax.
In force
110. Officers and auditors not to be exempted from liability.
In force
111. Time limit for commencing proceedings.
In force
112. Offences: liability of officers and defence of due diligence.
In force
113. Evidence.
In force
114. Records.
In force
115. Service of notices.
In force
115A. Deemed agreement to use of web site.
In force
115B. Right to hard copy version.
In force
115C. Other agreed forms of communication.
In force
116. Form of documents.
In force
117. Financial year of building societies.
In force
117A. Alteration of financial year.
Repealed
118. Qualifying asset holding for certain powers.
Repealed
118A. Associates.
In force
119. Interpretation
In force
119A. Meaning of "associated undertaking.
In force
120. Amendments, repeals, revocations and transitional and saving provisions.
In force
121. Power to make transitional and saving provisions.
In force
122. Northern Ireland.
Repealed
123. Expenses.
Provision of conveyancing services by recognised institutions and practitioners (s. 124)
Repealed
124. Recognition of building societies, other institutions and individuals as suitable to provide conveyancing services.
General (ss. 125-126)
In force
125. Short title.
In force
126. Commencement.
Repealed
Schedule 1 The Building Societies Commission
Schedule 2 Establishment, Incorporation and Constitution of Building Societies
In force
Schedule 2, Part I General (paras. 1-15)
In force
Schedule 2, Part II Capacity of Society and Power of Directors to Bind it (paras. 16-18)
In force
Schedule 2, Part III Meetings, Resolutions and Postal Ballots (paras. 20-36)
In force
Schedule 2A. Discharge of mortgages: supplementary provisions.
Schedule 3 Authorisation: Supplementary Provisions
Repealed
Schedule 3, Part I Preliminary (para. 1)
Repealed
Schedule 3, Part II Authorisation (paras. 2-3)
Repealed
Schedule 3, Part III Imposition of Conditions (paras. 4-5)
Repealed
Schedule 3, Part IV Revocation of Authorisation (paras. 6-8)
Repealed
Schedule 3,  Part V Supplementary (paras. 9-10)
Repealed
Schedule 4 Advances: Supplementary Provisions
Repealed
Schedule 5 The Building Societies Investor Protection Board
Repealed
Schedule 6 Insolvency Payments: Trusts and Joint or Client Account Holdings
In force
Schedule 7 Investors: Special Provisions
Repealed
Schedule 7A Directions: supplementary provisions.
Schedule 8 Powers to Provide Services
Repealed
Schedule 8, Part I The Services
Repealed
Schedule 8, Part II General Restriction on Services Abroad
Repealed
Schedule 8, Part III Restrictions in Relation to Certain Services
Repealed
Schedule 8, Part IV Supplementary
Schedule 8A Transfer Directions: Modifications of Part X
In force
Schedule 8A, Part I Directions under section 42B(3) (paras. 1-5)
In force
Schedule 8A, Part II Directions under section 42B(4) (paras. 6-11)
In force
Schedule 9 Directors: Requisite Particulars of Restricted Transactions
Schedule 10 Requisite Particulars of Income of Related Businesses
In force
Schedule 10, Part I Requisite Particulars Where no Adoption of Part II (paras. 1-4)
In force
Schedule 10, Part II Requisite Particulars on Adoption of This Part (paras. 5-8)
In force
Schedule 10, Part III Supplementary (paras. 9-10)
Schedule 10A Disclosures about directors, other officers and employees in notes to accounts
In force
Schedule 10A, Part 1 Emoluments of and dealings with directors and other officers (paras. 1-12)
In force
Schedule 10A, Part 2 Information about employees (para. 13)
Schedule 10B Disclosures about related undertakings required in note to accounts
In force
Schedule 10B, Part 1 Societies not required to prepare consolidated group accounts (paras. 1-8)
In force
Schedule 10B, Part 2 Societies required to prepare consolidated group accounts (paras. 9-20)
In force
Schedule 10C Disclosure of auditor remuneration etc required in notes to accounts
In force
Schedule 11 Auditors: Appointment, Tenure
Schedule 12 Schemes for Investigation of Complaints
Repealed
Schedule 12, Part I Matters to be Provided for in Schemes
Repealed
Schedule 12, Part II Requirements for Recognised Schemes : Matters of Complaint
Repealed
Schedule 12, Part III Minimum Requirements for Recognised Schemes: Other Provisions
Repealed
Schedule 13 Schemes for Investigation of Complaints : Recognition, Accession, etc.
Schedule 14 Settlement of Disputes
In force
Schedule 14, Part I Proceedings in Court (paras. 1-3)
In force
Schedule 14, Part II Arbitration (paras. 4-8)
Schedule 15 Application of Companies Winding Up Legislation to Building Societies
In force
Schedule 15, Part I General Mode of Application (paras. 1-5)
In force
Schedule 15, Part II Modified Application of Insolvency Act 1986 Parts IV, 6, 7, 12 and 13 and Schedule 10 (paras. 6-33B)
In force
Schedule 15, Part III Modified Application of Insolvency (Northern Ireland) Order 1989 Parts V, 11 and 12 (paras. 34-55G)
In force
Schedule 15, Part IV Dissolution of Building Society wound up (England and Wales, Scotland and Northern Ireland) (paras. 56-59)
Schedule 15A Application of other companies insolvency legislation to building societies
In force
Schedule 15A, Part I General mode of application (paras. 1-5A)
In force
Schedule 15A, Part II Modified Application of Parts I to III, 6, 7, 12 and 13 of Insolvency Act 1986 (paras. 6-27I)
In force
Schedule 15A, Part III Modified Application of Parts II, III, 4 and 12 of Insolvency (Northern Ireland) Order 1989 (paras. 28-55)
Schedule 16 Mergers: Supplementary Provisions
In force
Schedule 16, Part I Issue of Statements to Members (para. 1)
In force
Schedule 16, Part II Notification of Proposals for Merger (paras. 2-6)
In force
Schedule 16, Part III Confirmation by appropriate authority: Procedure (paras. 7-9)
Schedule 17 Transfers of Business: Supplementary Provisions
In force
Schedule 17, Part I Issue of Statement to Members (paras. 1-5)
In force
Schedule 17, Part IA Notification of proposals for transfers of business (paras. 5A-5E)
In force
Schedule 17, Part II Confirmation by appropriate authority: Procedure (paras. 6-8)
Schedule 18 Amendments of Enactments
In force
Schedule 18, Part I United Kingdom (paras. 1-19)
In force
Schedule 18, Part II Northern Ireland (paras. 20-26)
Schedule 19 Repeals and Revocations
In force
Schedule 19, Part I Repeals: General
In force
Schedule 19, Part II Revocation Extending to Great Britain
In force
Schedule 19, Part III Repeals and Revocations Extending Only to Northern Ireland
In force
Schedule 20 Transitional and Saving Provisions
Repealed
Schedule 21 Provision of Conveyancing Services by Recognised Institutions and Practitioners