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25.(1) It shall be the duty of every director of a building society to satisfy himself that the arrangements made for assessing the adequacy of the security to be taken in respect of advances to be made by the society are such as may reasonably be expected to ensure that (a)the adequacy of any security to be so taken will be assessed either by the directors of the society or by a director or other officer of the society who is competent to make the assessment, and (b)there will be made available to every person who has to assess the adequacy of any security to be so taken an appropriate report as to the value of any freehold or leasehold estate comprised in the security and as to any matter likely to affect the value thereof. (2) In subsection (1)(b) the reference to an appropriate report, in relation to any freehold or leasehold estate, is a reference to a written report prepared and signed by a competent and prudent person who (a)is experienced in the matters relevant to the determination of the value of the estate, and (b)is for the purposes of that paragraph not disqualified by virtue of the following provisions of this section for reporting on that estate. (3) Subject to subsection (4), a person who is a director or the manager or secretary of a building society shall for the purposes of subsection (1)(b) be disqualified for reporting on any freehold or leasehold estate comprised in security to be taken by the society in respect of any advance. Subs.(4) spent (5) A person to whom a building society has made, or undertaken to make, a payment for introducing to the society an applicant for an advance shall for the purposes of subsection (1)(b) be disqualified for reporting on any freehold or leashold estate comprised in security to be taken by the society in respect of any advance to be made to the applicant on that application. (6) Where an advance is to be made by a building society following a disposition of freehold or leasehold estate which is comprised in security to be taken for the advance, any person having a financial interest in the disposition of that freehold or leasehold estate, and any person receiving a commission or gift for introducing the parties to the transaction involving that disposition, shall for the purposes of subsection (1)(b) be disqualified for reporting on that estate. (7) A director of a building society who fails to carry out his duty under subsection (1), and any person who prepares a report on any estate with respect to which he is for the purposes of paragraph (b) of that subsection disqualified for reporting thereon, knowing or having reason to believe that the report will be used or is likely to be used for the purposes of that paragraph, shall be liable on summary conviction to a fine not exceeding two hundred pounds or to imprisonment for a term not exceeding six months.
© 1967 Crown Copyright
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