- advance
means the total sum of money, which may be payable in instalments, required to be lent by a lender or lenders to person A, B or C (whichever is appropriate) pursuant to any of the arrangements described in sub–paragraph (2) below;
- all land
means all the land which is to secure an advance;
- banking services
has the meaning which it bears in Schedule 8 to the Act;
- body
means the body corporate individually specified or a body corporate of a description specified in column 1 of Part I of the Schedule to this Order;
- carrying on mortgage indemnity insurance business
means entering into an agreement (“the agreement”) with a society or any subsidiary of a society, whereby the body, subject to the conditions specified below, agrees to indemnify the society, or, as the case may be, the subsidiary, against loss incurred by the society, or, as the case may be, the subsidiary, but, in respect of a subsidiary, only for loss incurred while that body corporate is a subsidiary of a society.”
- commission
includes any gift, bonus or benefit, and
- equity share capital
has the meaning which it bears for the purposes of the Companies Act 1985 or the Companies (Northern Ireland) Order 1986;
- estate agency work
has the meaning which it bears in the Estate Agents Act 1979;
- expected value
means the value which land is expected to have by the time the last instalment payable pursuant to any arrangement referred to in sub–paragraph (2) below, (and whether or not to be paid or contributed to by the lending body) is paid to person A, B or C (whichever is appropriate);
- facility account
has the meaning which it bears in the Building Societies (Limited Credit Facilities) Order 1987;
- holds directly or indirectly
means that a body corporate holds shares or corresponding membership rights in another body corporate either directly or through another body corporate (or bodies corporate), or partly directly and partly through another body corporate (or bodies corporate);
- insurance services
has the meaning which it bears in Schedule 8 to the Act;
- investment services
has the meaning which it bears in Schedule 8 to the Act;
- land
means land which is situated in the United Kingdom or in any country or territory for the time being designated by order under section 14 of the Act (power to make advances secured on land overseas);
- land services
has the meaning which it bears in Schedule 8 to the Act;
- lender
means any person who contributes or agrees to contribute to an advance, and any person who acquires a lender’s interest in the mortgage in place of that lender (and does not include any lending body such as referred to in the arrangement described in sub–paragraph (2)(c) below);
- making syndicated loans
means any of the following–
- market maker
means– (a) in relation to the United Kingdom, a market maker in securities of a particular kind, (b) in relation to any country or territory outside the United Kingdom, a person who holds himself out at all normal times as willing to buy and sell at a price specified by him investments of a particular kind which are traded on any exchange in that country or territory;
- market maker in securities of a particular kind
means a person who, for the purposes of section 67(4) (depositary receipts) of the Finance Act 1986, is so described in section 69(7) (depositary receipts: supplementary) of that Act;
- mortgage finance rights
has the meaning which it bears in Section A of Part II of Schedule 1 to the Building Societies (Commercial Assets and Services) Order 1988;
- mortgage of land
means one or more than one mortgage of land or heritable security over land, or, in relation to land situated outside the United Kingdom, any equivalent form of security which acknowledges a debt, obliges the borrower to pay it and secures payment of that debt on land;
- original expected value
means, where all land can be valued at the time when the lending body pays its first contribution to an advance or acquires a right or interest in a mortgage as described in sub–paragraph (2) below, the expected value of all land as determined at that time, or where the expected value of all land cannot be determined at that time, the expected value of land which is to partially secure an advance as determined when the lending body pays its first contribution to an advance or acquires a right or interest in such a mortgage, and
- pension scheme
means– (a) a retirement benefits scheme within the meaning of, and which is approved or a candidate for approval by the Commissioners of Inland Revenue for the purposes of, Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefit schemes), or (b) a personal pension scheme within the meaning of and which is approved or a candidate for approval by the Commissioners of Inland Revenue under, Chapter IV (personal pension schemes) of that Part of that Act;
- qualifying activities
means activities for the purpose of which a society has power to invest in or support a qualifying body.
- relevant investment business
means investment business relating to investments falling within– (a) any paragraph other than paragraph 10 (long term insurance contracts) or 11 (rights and interests in investments) of Part I of Schedule 1 to the Financial Services Act 1986, or (b) paragraph 11 of that Part of that Schedule so far as it is not related to paragraph 10 of that Part of that Schedule;
- relevant restrictions
means the provisions set out in sub–paragraph (2) below, and, where applicable, the provisions in sub–paragraphs (6), (7), (8) and (9) below.
- society
means a building society.
- specified type of body corporate
means a body corporate which is–
- the Act
means the Building Societies Act 1986;
- the business percentage condition for estate agency bodies
means a condition to the effect that where a society holds directly or indirectly 15% or more of the issued shares or corresponding membership rights in an estate agency body–
- the condition for investment in Girobank plc
means a condition to the effect that a society shall not acquire shares in Girobank plc where the society is aware, and shall dispose of such shares in Girobank plc as it holds as soon as it is conveniently practicable to do so without undue loss after the society has become aware, that Girobank plc–
- the determined requirements
means the following requirements–
- the lending certification condition for lending bodies
means a condition to the effect that where a society holds shares or corresponding membership rights in a lending body–
- the qualifying activities condition
means a condition to the effect that–
- the specified purposes in relation to Girobank plc
means any or all of the following purposes–
- the standard asset condition
means a condition to the effect that–
- the standard asset provision
means a condition to the effect that– a the relevant power is not available to a society which does not for the time being have a qualifying asset holding, unless the society is one to which sub– paragraph (b) below applies;