delete The Building Societies (Restricted Transactions) Order 2001
The Building Societies (Restricted Transactions) Order 2001 modifies section 9A(4) of the Building Societies Act 1986 by adding a new assessment criterion (vi) concerning the ability or willingness of persons to pay or repay sums owed to the society or connected undertakings. It came into force on 1 July 2001.
This regulation adds another Layer of prescriptive lending assessment criteria for building societies, restricting their commercial freedom to evaluate credit risk according to their own judgment. Such micro-management of lending criteria increases compliance burdens, raises operational costs, and effectively dictating how private institutions must conduct their lending decisions undermines the very purpose of having building societies as competitive, responsive financial institutions. The provision duplicates general lending prudence while adding regulatory burden without clear evidence it achieves outcomes not achievable through market discipline.