42.—(1) Each individual member of a primary society has only one vote in the affairs of the society, irrespective of the number of shares the member holds and that vote must be exercised in person and not by proxy.
(2) Each institutional member of a primary society has such number of votes and such voting powers as are provided by the by‑laws.
(3) In a secondary society or in an apex organisation, each member has as many votes as may be provided by the by-laws of the secondary society or the apex organisation.
(4) Despite subsection (1), where a member lacks capacity to manage the member’s property and affairs —
(a)
if the member had created a lasting power of attorney conferring on a donee authority to make decisions about the member’s property and affairs (either generally or for the purposes of this Act), that donee may vote on behalf of the member; or
(b)
if a deputy has been, or is deemed to have been, appointed to make decisions on the member’s behalf in relation to the member’s property and affairs (either generally or for the purposes of this Act), that deputy may vote on behalf of the member.
[3/2018]
(5) In subsection (4) —
(a)
“deputy”, “donee” and “lasting power of attorney” have the meanings given by section 2(1) of the Mental Capacity Act 2008; and
(b)
a member lacks capacity in relation to a matter if the member lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 in relation to that matter.