Building Societies Act 1986 (Amendment) Bill

1 The funding limit: funds to be disregarded

(1)

Section 7 of the Building Societies Act 1986 (the funding limit) is amended
as follows.

(2)

In subsection (3) (disregarded funds), after paragraph (b) insert—

“(c)

amounts drawn by the society from a specified liquidity
insurance facility provided by the Bank of England;

(d)

amounts represented by specified debt instruments issued by
the society with a view to maintaining the minimum
requirement for own funds and eligible liabilities;

(e)

sums received by the society under a sale and repurchase
agreement entered into by the society with a view to complying
with a specified PRA rule.”

(3)

After subsection (9) insert—

“(9A)

In subsections (3) and (9B) —

“
liquidity insurance facility” means a facility provided by the
Bank of England enabling a building society to borrow cash
or other relatively liquid assets in exchange for collateral (and
“relatively liquid assets” means assets which are more liquid
than the collateral provided);

“
the minimum requirement for own funds and eligible liabilities”
means the minimum requirement set by the Bank of England
in a direction under section 3A(4B)(a) of the Banking Act 2009;

“
PRA rule” means a rule made by the PRA under the Financial
Services and Markets Act 2000;

“
specified” means specified, or of a description specified, in
regulations under subsection (9B) .

(9B)

The Treasury may by regulations made by statutory instrument specify,
or specify descriptions of—

(a)

liquidity insurance facilities, for the purposes of subsection
(3) (c) ;

(b)

debt instruments, for the purposes of subsection (3) (d) ;

(c)

PRA rules, for the purposes of subsection (3) (e) .

(9C)

Regulations under subsection (9B) may make provision by reference
to a document or rule as it has effect from time to time.

(9D)

A statutory instrument containing regulations under subsection (9B)
may not be made unless a draft of the instrument has been laid before,
and approved by a resolution of, each House of Parliament.”

2 Attendance at meetings by electronic means

After paragraph 34 of Schedule 2 to the Building Societies Act 1986 insert—

“34A

(1)

Nothing in this Part of this Schedule is to be taken to preclude the
holding and conducting of a meeting of a building society in such
a way that persons who are not present together at the same place
may by electronic means attend, speak and vote at it.

(2)

The use of electronic means for the purpose of enabling participation
in such a meeting may be made subject only to such requirements
and restrictions as are—

(a)

necessary to ensure the identification of those attending and
the security of the electronic communication, and

(b)

proportionate to the achievement of those objectives.”

3 Power to assimilate with company law: common seals and execution of documents

(1)

Section 104 of the Building Societies Act 1986 (power to amend, etc. to
assimilate company law) is amended as follows.

(2)

In subsection (2), before paragraph (a) insert—

“(aa)

the provisions of Part 2 (but see subsection (3A) );”.

(3)

After subsection (3) insert—

“(3A)

The power conferred by subsection (1) by virtue of subsection (2)(aa)
is exercisable only for the purpose of making provision in relation to
common seals and the execution of documents.”

4 Extent, commencement, transitional provision and short title

(1)

This Act extends to England and Wales, Scotland and Northern Ireland.

(2)

This Act comes into force at the end of the period of two months beginning
with the day on which it is passed.

(3)

The amendments made by this Act to section 104 of the Building Societies
Act 1986 apply in relation to any modification of the statutory provisions in
force in Great Britain or Northern Ireland relating to companies whether the
modification is made before or after the coming into force of this Act (and
for this purpose “modification” and “statutory provision” have the same
meanings as in that section).

(4)

This Act may be cited as the Building Societies Act 1986 (Amendment) Act
2024.