HC Deb 22 July 1960 vol 627 cc923-4

(1) Without prejudice to any other power in that behalf conferred on him by this Act, the Chief Registrar shall have power with the consent of the Treasury by statutory instrument to make regulations with respect to—

  1. (a) the form of, and the particulars to be included in, any certificate issued under the enactments relating to building societies, and any application, notice or other document made or sent to the Chief Registrar or the registrar under or in pursuance of those enactments; and
  2. (b) the fees to be paid for the inspection, or the furnishing of copies, of any document in the custody of the Chief Registrar or the registrar, or in connection with the exercise by the Chief Registrar or the registrar of any of their functions under the said enactments.

(2) Section twenty-six of, and the Third Schedule to, the Building Societies Act, 1894 (which prescribe the form of certain certificates issued by the registrar), shall have effect as if contained in regulations under this section and may be varied or repealed accordingly.

(3) Section forty-four of the principal Act (which confers a power to make regulations with respect to certain fees, and generally for the purpose of carrying into effect the enactments relating to building societies), and so much of subsection (2) of section thirteen of the Building Societies Act, 1939, as provides for the form and contents of the return required by that subsection to be prescribed by rules under the said Act of 1939, shall cease to have effect.

(4) Nothing in the last foregoing subsection shall affect the continuance in force of any regulations in force at the commencement of this Act under section forty-four of the principal Act, or of any rules under the Building Societies Act. 1939, in force at that date and relating to the return required by subsection (2) of section thirteen of the said Act of 1939: but—

  1. (a) such of the said regulations as could have been made under this section shall have 924 effect as if they had been so made, and may be varied or revoked accordingly;
  2. (b) such of the said regulations as could not have been so made may be revoked (but not varied) by regulations under this section; and
  3. (c) the said rules may be varied or revoked by regulations under this section.—[Mr. Barber.]

Brought up, and read the First time.

11.6 am

The Economic Secretary to the Treasury (Mr. Anthony Barber)

I beg to move, That the Clause be read a Second time

This Clause is required for the purpose of consolidation. Section 44 of the Building Societies Act, 1874, which is referred to in the Clause, gives a power which is now vested in the Treasury to make regulations respecting the fees, if any, to be paid for the transmission, registration, and inspection of documents under this Act, and generally for carrying this Act into effect. The use of this power has been virtually confined to the prescribing of forms and fees, but the scope of the Section is really unnecessarily wide for this purpose. Its wording, I am informed, would be totally out of keeping with modern legislation if it were to be included in a consolidating Measure in its present form. But some power is still required, and the Clause replaces Section 44 with a narrower power limited to what is really necessary. It transfers the exercise of the power from the Treasury to the Chief Registrar, but subject to Treasury consent and to the negative Resolution procedure.

The Clause also tidies up certain similar provisions in the 1894 and 1939 Acts.

Question put and agreed to.

Clause read a Second time, and added to the Bill.