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34.(1) Subject to the provisions of this section, it shall not be lawful (a)for a building society, or any officer, servant or agent of a building society, to offer or give or agree to give to a person known to the society, officer, servant or agent to have a financial interest in the disposition of any freehold or leasehold estate, or to be a servant of a person having such an interest, or (b)for a person having such an interest, or a servant of such a person, to receive or agree to receive from a building society, or from any officer, servant or agent of a building society, (2) Where a building society has a financial interest in the disposition of any freehold or leasehold estate, subsection (1) (a)does not prohibit the society, or any officer, servant or agent of the society, from offering or giving or agreeing to give, in relation to the disposition of that estate, any commission to a servant of the society, unless, to the knowledge of the society, or of the officer, servant or agent of the society, as the case may be, he is a disqualified person for the purposes of this subsection, and (b)does not prohibit a servant of the society, not being a disqualified person for the purposes of this subsection, from receiving or agreeing to receive, in relation to the disposition of that estate, a commission from the society or from an officer, servant or agent of the society. (3) Any reference in subsection (2) to a disqualified person for the purposes of that subsection is a reference to a person who either himself has a financial interest in the disposition of the estate in question or, in addition to being a servant of the building society, is also a servant of another person who has such an interest. (4) For the purposes of this section a person who is employed, otherwise than in pursuance of a contract of service, in connection with the disposition of any freehold or leasehold estate by a person who has a financial interest in the disposition thereof shall be treated, in relation to the disposition of that estate, as a servant of the person having that interest, unless he carries on, independently of that person, the business of a solicitor, estate agent, surveyor or auctioneer. (5) Any person who contravenes the provisions of this section shall be liable on summary conviction to a fine not exceeding five hundred pounds, or to imprisonment for a term not exceeding three months, or to both. (6) In this section "commission" includes a gift.
© 1967 Crown Copyright
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