Co-operative and Community Benefit Societies Bill (HL Bill 69)

122 For “an industrial and provident society” (in each place) substitute “a
registered society”.

123 For “industrial and provident society” (in each place except in section 275, in
the entry for “industrial and provident society in section 276, or in the
5expression “an industrial and provident society”) substitute “registered
society”.

124 In section 79(1)(b) (English bodies) for “the Industrial and Provident
Societies Act 1965” substitute “the Co-operative and Community Benefit
Societies Act 2014”.

125 (1) 10Section 134 (non-audited industrial and provident society) is amended as
follows.

(2) For subsection (2) substitute—

“(2) Section 85 of the Co-operative and Community Benefit Societies Act
2014 (“the 2014 Act”) (duty to obtain accountant’s report) applies to
15the society as if subsection (1)(b) were omitted (accountant’s report
required only where turnover exceeds specified sum).”

(3) In subsection (3)(a) for the words from “section 4” to the end substitute
“section 83 of the 2014 Act (duty to appoint auditors) did not apply because
of a resolution under section 84 of that Act (power to disapply auditing
20requirements).”

(4) For subsection (5) substitute—

“(5) Qualified auditor” and “year of account” have the same meaning as
in Part 7 of the 2014 Act.”

126 (1) Section 157 (extra powers of manager of industrial and provident society) is
25amended as follows.

(2) In subsection (2) for “section 50 of the Industrial and Provident Societies Act
1965” substitute “section 109 of the Co-operative and Community Benefit
Societies Act 2014”.

(3) In subsection (3) for “sections 51 and 52 of the Industrial and Provident
30Societies Act 1965” substitute “section 110 or 112 of the Co-operative and
Community Benefit Societies Act 2014”.

127 In section 161(2) (company: conversion into industrial and provident
society) for “section 53 of the Industrial and Provident Societies Act 1965”
substitute “section 115 of the Co-operative and Community Benefit Societies
35Act 2014”.

128 In section 163 (industrial and provident society: restructuring) for
subsection (3) substitute—

“(3) The following provisions of the Co-operative and Community
Benefit Societies Act 2014 are the restructuring provisions—

(a) 40section 109 (amalgamation of societies);

(b) section 110 (transfer of engagements between societies);

(c) section 112 (conversion of society into a company etc).”

129 In section 164(3) (industrial and provident society: winding up) for “section
55 of the Industrial and Provident Societies Act 1965” substitute “section 123
45of the Co-operative and Community Benefit Societies Act 2014”.

130 (1) Section 165 (industrial and provident society: dissolution) is amended as
follows.

(2) In subsection (1)(b) for “section 58 of the Industrial and Provident Societies
Act 1965.” substitute “section 119 of the Co-operative and Community
5Benefit Societies Act 2014.”

(3) In subsection (2)—

(a) for “section 58(5)” substitute “section 121”;

(b) for “section 58(6)” substitute “section 122”.

131 (1) Section 167 (transfer of property) is amended as follows.

(2) 10In subsection (1)(a) for “section 55(a) or (b) of the Industrial and Provident
Societies Act 1965” substitute “section 119 or 123 of the Co-operative and
Community Benefit Societies Act 2014”.

(3) In subsection (5)—

(a) omit paragraph (a);

(b) 15at the end of paragraph (c) (before the “or”) insert—

“(ca) the Co-operative and Community Benefit Societies
Act 2014,”.

132 In section 212(6) (industrial and provident societies: change of rules) for
“section 10(1) of the Industrial and Provident Societies Act 1965” substitute
20“section 16(2) of the Co-operative and Community Benefit Societies Act
2014”.

133 In section 255(4) (amalgamation) for “section 50 of the Industrial and
Provident Societies Act 1965” substitute “section 109 of the Co-operative and
Community Benefit Societies Act 2014”.

134 25In section 270 (meaning of “officer”) for “section 74 of the Industrial and
Provident Societies Act 1965” substitute “section 149 of the Co-operative and
Community Benefit Societies Act 2014”.

135 In section 271(4) (meaning of “subsidiary” and “associate”) for “the Friendly
and Industrial and Provident Societies Act 1968” substitute “Part 7 of the Co-
30operative and Community Benefit Societies Act 2014”.

136 In section 275 (general)—

(a) omit the definition of “industrial and provident society”;

(b) in the appropriate place insert—

• ““registered society” has the same meaning as in the Co-operative
  35and Community Benefit Societies Act 2014,”.

137 In section 276 (index of defined terms)—

(a) omit the entry for “industrial and provident society”;

(b) in the appropriate place insert—

40Local Transport Act 2008 (c. 26)2008 (c. 26)

138 In section 102C(6)(b) of the Local Transport Act 2008 (boundaries of power
under section 102B) for the words from the beginning to “1965 or” substitute

“a registered society within the meaning of the Co-operative and
Community Benefit Societies Act 2014 or a society registered or deemed to
be registered under”.

Counter Terrorism Act 2008 (c. 28

139 (1) 5In Schedule 7 to the Counter Terrorism Act 2008 (terrorist financing and
money laundering) paragraph 6(1)(a) is amended as follows.

(2) For “a society registered under the Industrial and Provident Societies Act
1965” substitute “a registered society within the meaning of the Co-
operative and Community Benefit Societies Act 2014”.

(3) 10In sub-paragraph (i) for “section 6” substitute “section 24”.

(4) In sub-paragraph (ii) for “section 7(3)” substitute “section 67(2)”.

Corporation Tax Act 2009 (c. 4)2009 (c. 4)

140 The Corporation Tax Act 2009 is amended as follows.

141 For “registered industrial and provident society” (in each place where those
15words occur except in Schedule 4) substitute “registered society”.

142 For “the Industrial and Provident Societies Act 1965” (in each place)
substitute “the Co-operative and Community Benefit Societies Act 2014”.

143 For “industrial and provident societies” (in each place where those words
occur except in section 465 or in the short title of an enactment) substitute
20“registered societies”.

144 In section 465(3)(d) (exclusion of distributions except in tax avoidance cases)
for “registered industrial and provident societies” substitute “registered
societies”.

145 In section 499 (industrial and provident society payments treated as interest
25under loan relationship) in the heading for “Industrial and provident
society” substitute “Registered society”.

146 In Schedule 4 (index of defined expressions)—

(a) omit the entry for “registered industrial and provident society”;

(b) after the entry for “registered pension scheme” insert—

Finance Act 2009 (c. 10)2009 (c. 10)

147 In section 124(2) of the Finance Act 2009 (mutual societies: tax consequences
of transfers of business etc) for paragraph (c) substitute—

“(c) a registered society within the meaning of the Co-operative
35and Community Benefit Societies Act 2014.”

Local Democracy, Economic Development and Construction Act 2009 (c. 20)2009 (c. 20)

148 The Local Democracy, Economic Development and Construction Act 2009 is
amended as follows.

149 For “an industrial and provident society” (in each place) substitute “a
registered society”.

150 In section 40(4) (exclusions) for the words from “subsection (1)” to the end
substitute “—

(a) 5the society is a small society (within the meaning of Part 7 of
the Co-operative and Community Benefit Societies Act 2014)
for that year, or

(a) section 83 of that Act (duty to appoint auditors) does not
apply to the society for that year because of a resolution
10under section 84 of that Act (power to disapply auditing
requirements).”

151 In section 43(6)(c) (right of entity to appoint auditor to conduct statutory
audit) for sub-paragraph (i) (not including the “or” at the end of it)
substitute—

“(i) 15section 83 of the Co-operative and Community
Benefit Societies Act 2014,”.

152 (1) Section 44(4) (functions of auditor not appointed to conduct statutory audit)
is amended as follows.

(2) For paragraphs (b) and (c) (not including the “and” at the end of paragraph
20(c)) substitute—

“(b) section 87(3) to (8) of the Co-operative and Community
Benefit Societies Act 2014 apply in relation to that report as
they apply to a report under section 87(2) of that Act,

(c) section 127(2) of that Act applies in relation to any
25contravention of section 87(6) of that Act (as applied by
paragraph (b)),”.

(3) In paragraph (d)—

(a) for “section 13” substitute “section 98”;

(b) for “subsection (5)” substitute “subsection (7)”.

153 (1) 30Section 54(1) (interpretation) is amended as follows.

(2) In paragraph (c) of the definition of “financial year” for the words from “the
Friendly” to the end substitute “Part 7 of the Co-operative and Community
Benefit Societies Act 2014;”.

(3) Omit the definition of “industrial and provident society”.

(4) 35In the appropriate place insert—

• ““registered society” has the meaning given by section 1 of the
  Co-operative and Community Benefit Societies Act 2014;”.

154 In section 113B(6) (boundaries of power under section 113A)—

(a) omit the “or” at the end of paragraph (a);

(b) 40for paragraph (b) substitute—

“(b) a registered society within the meaning of the Co-
operative and Community Benefit Societies Act 2014,
or

(c) a society registered or deemed to be registered under
45the Industrial and Provident Societies Act (Northern
Ireland) 1969.”

Corporation Tax Act 2010 (c. 4)2010 (c. 4)

155 The Corporation Tax Act 2010 is amended as follows.

156 For “registered industrial and provident society” (in each place where those
words occur except in sections 90 and 1119 and Schedule 4) substitute
5“registered society”.

157 In section 47 (registered industrial and provident societies) for the heading
substitute “Registered societies”.

158 (1) Section 90(1) (interpretation of Chapter 5 of Part 4) is amended as follows.

(2) In the definition of “excluded company” for “registered industrial and
10provident society” substitute “registered society”.

(3) For the definition of “registered industrial and provident society”
substitute—

• ““registered society” means—

  (a)

  a registered society within the meaning of the Co-
  15operative and Community Benefit Societies Act 2014,
  or

  (b)

  a society registered or treated as registered under the
  Industrial and Provident Societies Act (Northern
  Ireland) 1969,”.

159 20In section 151(2) (meaning of 75% subsidiary) for “registered industrial or
provident society” substitute “registered society”.

160 In section 645(3) (tests to be satisfied by the association) for the words from
“a society” to the end substitute “—

(a) a registered society within the meaning of the Co-operative
25and Community Benefit Societies Act 2014, or

(b) a society registered or treated as registered under the
Industrial and Provident Societies Act (Northern Ireland)
1969.”

161 In section 653(3)(a) (approval of self-build societies) for “the Industrial and
30Provident Societies Act 1965” substitute “the Co-operative and Community
Benefit Societies Act 2014”.

162 In section 654(1) (delegation of powers to Regulator of Social Housing) for
“the Industrial and Provident Societies Act 1965” substitute “the Co-
operative and Community Benefit Societies Act 2014”.

163 35In the table in section 1001 (provisions related to paragraphs A to H in
section 1000(1)) for “industrial and provident society” substitute “registered
society”.

164 In section 1029(1) (overview of Chapter 3 of Part 23)—

(a) in paragraph (g) for “industrial and provident societies” substitute
40“registered societies”;

(b) in paragraph (h) for “industrial and provident society” substitute
“registered society”.

165 In the heading before section 1055 for “Industrial and provident society”
substitute “Registered society”.

166 In section 1055 (industrial and provident societies: interest and share
dividends) in the heading for “Industrial and provident societies” substitute
“Registered societies”.

167 In section 1056(1)(b) (dividend or bonus relating to transactions) for “an
5industrial and provident society” substitute “a registered society”.

168 (1) Section 1119 (definitions) is amended as follows.

(2) Omit the definition of “registered industrial and provident society”.

(3) After the definition of “registered pension scheme” insert—

• ““registered society” means—

  (a)

  10a registered society within the meaning of the Co-
  operative and Community Benefit Societies Act 2014,

  (b)

  a society registered or treated as registered under the
  Industrial and Provident Societies Act (Northern
  Ireland) 1969, or

  (c)

  15an SCE formed in accordance with Council
  Regulation (EC) No 1435/2003 on the Statute for a
  European Cooperative Society,”.

169 In section 1120(3)(c) (meaning of “bank”) for “the Industrial and Provident
Societies Act 1965” substitute “the Co-operative and Community Benefit
20Societies Act 2014”.

170 In Schedule 4 (index of defined expressions)—

(a) omit the entries for “registered industrial and provident society”;

(b) after the entry for “registered pension scheme” insert—

Taxation (International and Other Provisions) Act 2010 (c. 8)2010 (c. 8)

171 (1) Section 118 of the Taxation (International and Other Provisions) Act 2010
30(introduction to section 119) is amended as follows.

(2) In subsection (2)(b) for “society registered under the Industrial and
Provident Societies Act 1965” substitute “registered society within the
meaning of the Co-operative and Community Benefit Societies Act 2014”.

(3) In subsection (11) in the definition of “co-operative society” for “society
35registered under the Industrial and Provident Societies Act 1965” substitute
“registered society within the meaning of the Co-operative and Community
Benefit Societies Act 2014”.

Finance Act 2010 (c. 13)2010 (c. 13)

172 In Part 3 of Schedule 1 to the Finance Act 2010 (bank payroll tax) in
40paragraph 44(9)(j) for “the Industrial and Provident Societies Act 1965”
substitute “the Co-operative and Community Benefit Societies Act 2014”.

Finance Act 2011 (c. 11)2011 (c. 11)

173 In Part 8 of Schedule 19 to the Finance Act 2011 (bank levy) in paragraph
73(1)(j) for “the Industrial and Provident Societies Act 1965” substitute “the
Co-operative and Community Benefit Societies Act 2014”.

5Localism Act 2011 (c. 20)2011 (c. 20)

174 The Localism Act 2011 is amended as follows.

175 In section 4(4)(b) (limits on doing things for commercial purpose in exercise
of general power) for the words from the beginning to “1965 or” substitute
“a registered society within the meaning of the Co-operative and
10Community Benefit Societies Act 2014 or a society registered or deemed to
be registered under”.

176 In section 190(3) (transfer of property of Homes and Communities Agency
etc) in paragraph (b) of the definition of “company” for the words from the
beginning to “1965 or” substitute “a registered society within the meaning of
15the Co-operative and Community Benefit Societies Act 2014 or a society
registered or deemed to be registered under”.

177 In section 191(5) (abolition of London Development Agency and transfer of
its property etc) in paragraph (b) of the definition of “company” for the
words from the beginning to “1965 or” substitute “a registered society within
20the meaning of the Co-operative and Community Benefit Societies Act 2014
or a society registered or deemed to be registered under”.

178 In section 200(9) (transfers of property etc to a Mayoral development
corporation) in paragraph (b) of the definition of “company” for the words
from the beginning to “1965 or” substitute “a registered society within the
25meaning of the Co-operative and Community Benefit Societies Act 2014 or a
society registered or deemed to be registered under”.

179 In section 216(4) (transfers of property, rights and liabilities) in paragraph (b)
of the definition of “company” for the words from the beginning to “1965 or”
substitute “a registered society within the meaning of the Co-operative and
30Community Benefit Societies Act 2014 or a society registered or deemed to
be registered under”.

Public Bodies Act 2011 (c. 24)2011 (c. 24)

180 (1) Section 36(1) of the Public Bodies Act 2011 (interpretation) is amended as
follows.

(2) 35In the definition of “community benefit society”—

(a) in paragraph (a) for “the Co-operative and Community Benefit
Societies and Credit Unions Act 1965” substitute “the Co-operative
and Community Benefit Societies Act 2014”;

(b) for paragraph (b) (not including the “or” at the end of it) substitute—

“(b) 40a pre-commencement society (within the meaning of
that Act) that meets the condition in section 2(2)(a)(ii)
of that Act,”.

(3) In the definition of “co-operative society”—

(a) in paragraph (a) for “the Co-operative and Community Benefit
Societies and Credit Unions Act 1965” substitute “the Co-operative
and Community Benefit Societies Act 2014”;

(b) for paragraph (b) (not including the “or” at the end of it) substitute—

“(b) 5a pre-commencement society (within the meaning of
that Act) that meets the condition in section 2(2)(a)(i)
of that Act,”.

Charities Act 2011 (c. 25)2011 (c. 25)

181 The Charities Act 2011 is amended as follows.

182 (1) 10Section 229 (application for conversion by registered society) is amended as
follows.

(2) In subsection (1) for “the Co-operative and Community Benefit Societies and
Credit Unions Act 1965” substitute “the Co-operative and Community
Benefit Societies Act 2014”.

(3) 15In subsection (5) for the words from “section” to the end substitute “section
113 of the Co-operative and Community Benefit Societies Act 2014.”

183 (1) Schedule 3 (exempt charities) is amended as follows.

(2) In paragraph 26 for “the Co-operative and Community Benefit Societies and
Credit Unions Act 1965” substitute “the Co-operative and Community
20Benefit Societies Act 2014”.

(3) In paragraph 27 for “the Co-operative and Community Benefit Societies and
Credit Unions Act 1965” substitute “the Co-operative and Community
Benefit Societies Act 2014”.

Section 151

SCHEDULE 5 25Transitionals and savings

Continuity of the law

1 The repeal and re-enactment of provisions by this Act does not affect the
continuity of the law.

2 (1) This paragraph applies to a reference (express or implied) in this Act,
30another enactment or an instrument or document, to a provision of this Act.

(2) The reference is, subject to its context, to be read as being or including a
reference to the corresponding provision repealed by this Act (or any earlier
corresponding provision), in relation to times, circumstances or purposes in
relation to which that provision had effect.

3 (1) 35Sub-paragraph (2) applies to a reference (express or implied) in any
enactment, instrument or document to a provision repealed by this Act.

(2) The reference is, subject to its context, to be read as being or including a
reference to the corresponding provision of this Act, in relation to times,
circumstances or purposes in relation to which that provision has effect.

4 Any power conferred by an Act that is exercisable in relation to a provision
repealed by this Act is exercisable in relation to the corresponding provision
of this Act.

5 Anything done, or having effect as if done, under (or for the purposes of or
5in reliance on) a provision repealed by this Act, and in force or effective
immediately before the time this Act comes into force, has effect after that
time as if done under (or for the purposes of or in reliance on) the
corresponding provision of this Act.

6 (1) Paragraphs 1 to 5 have effect in place of section 17(2) of the Interpretation
10Act 1978.

(2) Those paragraphs are subject to any specific transitional provision or saving
contained in this Act.

(3) Nothing in this Schedule affects any other provision of the Interpretation Act
1978.

15Effect of old transitionals and savings

7 The repeals made by this Act do not affect the operation of any transitional
provision or saving relating to the coming into force of a provision
reproduced in this Act in so far as the transitional provision or saving is not
specifically reproduced in this Act but remains capable of having effect in
20relation to the corresponding provision of this Act or otherwise.

8 (1) The repeal by this Act of an enactment previously repealed subject to
savings does not affect the continued operation of those savings.

(2) The repeal by this Act of a saving on the previous repeal of an enactment
does not affect the operation of the saving in so far as it is not specifically
25reproduced in this Act but remains capable of having effect.

Use of existing forms etc

9 Any reference to an enactment repealed by this Act which is contained in a
document made, served or issued after the repeal comes into force is, subject
to its context, to be read as being or including a reference to the
30corresponding provision of this Act.

Meaning of “enactment”

10 In this Schedule “enactment” includes—

(a) an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978,

(b) 35an enactment contained in, or in an instrument made under, an Act
of the Scottish Parliament,

(c) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales, and

(d) an enactment contained in, or in an instrument made under,
40Northern Ireland legislation within the meaning of the Interpretation
Act 1978.

Section 151

SCHEDULE 6 Transitory modifications etc

Establishment of a single county court

1 (1) This paragraph applies if section 17(1) of the Crime and Courts Act 2013
5(establishment of a single county court) has not been brought into force
before the time this Act comes into force.

(2) Until the day section 17(1) of that Act comes into force—

(a) section 35(1) of this Act has effect as if the reference to the county
court were to the county court whose jurisdiction contains the
10society’s registered office or the member’s residence, at the option of
the society;

(b) section 122(4) of this Act has effect as if the reference to the county
court were to the county court having jurisdiction in the locality in
which the society’s office is situated;

(c) 15section 140(2) of this Act has effect as if the reference to the county
court were to a county court.

Amendments relating to the punishment of offences in England and Wales

2 In relation to an offence committed before the commencement of section 280
of the Criminal Justice Act 2003, section 7(7) of this Act (penalty for offence
20under that section) has effect as if for paragraphs (a) and (b) there were
substituted “to a fine not exceeding level 3 on the standard scale or
imprisonment for a term not exceeding 3 months (or both).”

Land Registration etc. (Scotland) Act 2012 (asp 5)2012 (asp 5)

3 Until paragraph 15 of Schedule 5 to the Land Registration etc. (Scotland) Act
252012 comes into force—

(a) section 52(2)(a) has effect with the omission of “or authenticated”;

(b) section 55 has effect with the omission of “(or, in the case of an
electronic document, authenticated)”;

(c) in Part 2 of Schedule 1 the Note to Form C has effect—

(i) 30with the substitution for “In the case of a traditional
document, subscription of it” of “Subscription of the
document”;

(ii) with the omission of the words after “1995”;

(d) in Part 2 of Schedule 2, the Note at the end has effect—

(i) 35with the substitution for the words from the beginning to
“granter” of “Subscription of the document by the granter of
it”;

(ii) with the omission of the words after “1995”.