(1) A justice of the peace may issue a warrant under section 176 of the Financial Services and Markets Act 2000 if satisfied on information on oath given by or on behalf of the FCA or the PRA , an authorised officer within the meaning of section 52(5A) above, or a person appointed as an investigator under section 55(1) below or as an inspector under section 56(1) below, that there are reasonable grounds for believing that the first or second set of conditions below is satisfied.

(2) The first set of conditions is that—

(a) there are on the premises specified in the warrant information, documents or other material in relation to which a requirement has been imposed on any person under section 52(5), (5A) or (6) above or section 57(3) below, or which it is the duty of any person to produce under section 55(3) or 57(2) below, and

(b) that person has failed (wholly or in part) to comply with the requirement or, having been requested to do so, has failed (wholly or in part) to comply with that duty.

(3) The second set of conditions is that—

(a) there are on the premises specified in the warrant information, documents or other material in relation to which a requirement could be imposed on any person under section 52(5), (5A) or (6) above or section 57(3) below, or which any person could be requested to produce in compliance with the duty imposed on them by section 55(3) or 57(2) below, and

(b) if such a requirement were imposed, or such a request made,—

(i) it would not be complied with, or

(ii) any information, documents or other material to which it related would be removed, tampered with or destroyed.

53A

(1) For the purposes of sections 348 to 353 of the Financial Services and Markets Act 2000 (restrictions on disclosure of confidential information)—

(a) information to which this section applies is to be treated as confidential information; and

(b) in relation to such information, each of the following is a primary recipient—

(i) the FCA;

(ia) the PRA;

(ii) any person who is or has been employed by the FCA or the PRA ; and

(iii) any person appointed by the FCA or the PRA to carry out functions under this Act.

(2) This section applies to information which—

(a) relates to—

(i) the business or other affairs of a building society or other body, or its or their plans for future development; or

(ii) any person who is or has been, or has been appointed (or, in the case of a director, nominated or proposed as), an officer of a building society or other body;

(b) was received by a primary recipient (within the meaning of subsection (1)(b)) for the purposes of, or in the discharge of, any functions of the FCA or the PRA under any provision made by or under this Act; and

(3) It is immaterial for the purposes of subsection (2) whether or not the information was received—

(a) by virtue of a requirement to provide it imposed by or under this Act;

(b) for other purposes as well as purposes mentioned in that subsection.

(4) Information is excluded information if—

(a) it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by section 348 of the Financial Services and Markets Act 2000; or

(b) it is in the form of a summary or collection of information so framed that it is not possible to ascertain from it information relating to any particular person.

Duty to prepare group accounts

Senior statutory auditor

Records of loans, etc. for directors falling within s. 65.

Acquisition or establishment of a business.

Application of winding up legislation to building societies.

Amalgamations.

Protective provisions for specially formed successors.

Consequences of false declaration.

Power to amend, etc. to assimilate to company law.

Short title.

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

Power to amend, etc. to assimilate to company law.

Transmission of notice of meeting to an electronic address

22A

(1) Where a notice of a meeting of a society is required to be sent to a person under any provision of this Act, the notice may be sent to him electronically only if it is sent to an electronic address notified by him to the society for the purpose.

(2) In a case in which this paragraph is relied on for compliance with a requirement to send a notice, a notice given in accordance with this paragraph is to be treated as given to a person on the day that the notice is transmitted.

Publication of notice of meeting on a web site

22B

(1) A requirement under any provision of this Act to send a notice of a meeting of the society to a person shall also be treated as satisfied if the conditions set out in sub-paragraph (2) are satisfied.

(2) The conditions of this sub-paragraph are satisfied in the case of a notice of a meeting of a society if—

(a) the society and the person have agreed that notices which are required to be sent to him may instead be accessed by him on a web site;

(b) the agreement applies to the notice in question

(i) the publication of the notice on a web site,

(ii) the address of that web site, and

(iii) the place on that web site where the notice may be accessed, and how it may be accessed; and

(d) the notice is published continuously on that web site throughout the period beginning with the giving of that notification and ending with the conclusion of the meeting.

(3) A notification given for the purposes of sub-paragraph (2)(c) must—

(a) state that it concerns a notice of a meeting of the society served in accordance with this Act;

(b) specify the place, date and time of the meeting; and

(4) In a case in which this paragraph is relied on for compliance with a requirement to send a notice, a notice given in accordance with this paragraph is to be treated as given to a person on the day that person is notified in compliance with sub-paragraphs (2)(c) and (3).

(5) Where, in a case in which this paragraph is relied on for compliance with a requirement to send a notice of a meeting—

(a) a notice is published for a part, but not all, of the period mentioned in sub-paragraph (2)(d), but

(b) the failure to publish it throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the society to prevent or avoid,

the failure shall not invalidate the proceedings of the meeting.

Electronic ballots

33A

(1) Where—

(a) the rules of a building society provide for a postal ballot to be conducted in any circumstances in the case of an election or resolution, and

(b) those rules do not expressly prohibit the conduct of an electronic ballot in those circumstances,

the ballot in the case of that election or resolution may, in those circumstances, be an electronic ballot instead of a postal ballot.

(2) A ballot in the case of an election or resolution is an electronic ballot if it is conducted—

(a) in accordance with the following provisions of this paragraph as to electronic voting; and

(b) in so far as it is not conducted with those provisions, as if it were a postal ballot.

(3) But voting in the case of an election or resolution may not be conducted by an electronic ballot in which all the voting is electronic voting in accordance with sub-paragraphs (8) to (10) unless the rules of the society expressly permit it.

(4) The rules of a building society may provide for voting in the case of—

(a) an election of directors, or

(b) a resolution of the society other than a share holding members' resolution or a borrowing members' resolution,

to be conducted by an electronic ballot in which all the voting is electronic voting in accordance with sub-paragraphs (8) to (10).

(5) Where voting may be conducted by electronic ballot by virtue of sub-paragraph (1) the rules of the society may contain provision supplementing rules relating to postal ballots in so far as it is necessary to provide for the conduct of electronic voting in accordance with subparagraphs (8) to (10).

(6) Where voting may be conducted by electronic ballot by virtue of sub-paragraph (1) or (3) the rules of the society may make provision as to the consequences of any irregularities occurring in the course of a ballot, including (but not restricted to) provision as to the validity of multiple votes cast by a member in the same election or on the same resolution.

(7) In the case of an electronic ballot, the society is not required to send notice of the ballot to any person if—

(a) that person has agreed, in accordance with sub-paragraph (9)(a) below, that notices of electronic ballots and a voting facility may be accessed by him on a web site; and

(b) the society notifies that person in accordance with sub-paragraph (9)(c) below.

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