![]() |
|
|
|
|
|
Navigation
News
|
|
FRIENDLY SOCIETIES ACT 1992 (c. 40)(The document as of February, 2008) Page 14 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 (3) After its registration under that Act, the society shall continue to be entitled to all rights and subject to all liabilities to which it was entitled or subject immediately before registration. (4) It is hereby declared for the avoidance of doubt that-- (a) the reference in subsection (2)(a) above to property includes a reference to property situated outside the United Kingdom; and (b) the reference to rights and liabilities of such a society or branch includes a reference and liabilities under the law of any country or territory outside the United Kingdom. (5) Not later than the end of the period of 90 days beginning with the day on which a registered society is registered under the Industrial and Provident Societies Act 1965-- (a) the trustees of the society shall deliver to the registered office of the industrial and provident society any property of the registered society or any branch of the registered society held by them and any documents relating to the property, rights and liabilities of the registered society or to its financial affairs; (b) the trustees of any branch of the registered society shall deliver to that office any property of the branch or any other branch of the society held by them and any documents relating to the property, rights and liabilities of the branch or to its financial affairs; and (c) if he holds property on trust for the society or any branch of the society, the Public Trustee shall deliver to that office the property so held by him and any documents relating to it; but nothing in this Act shall have effect to relieve the trustees of a registered society or branch or the Public Trustee from any liability arising from acts or omissions before that registration. (6) If a registered society is registered under the Industrial and Provident Societies Act 1965, the registration of that society under this Act shall thereupon become void and shall be cancelled by the Chief Registrar or, under the direction of the Chief Registrar, by the assistant registrar for Scotland. (7) Schedule 6A to this Act shall have effect to supplement this section. (8) In the application of this section to Northern Ireland, references in this section and Schedule 6A to the Industrial and Provident Societies Act 1965 shall be construed as references to the Industrial and Provident Societies Act (Northern Ireland) 1969. " 33 In section 86-- (a) in subsection (1), at the beginning there shall be inserted the words "Subject to subsection (2A) below" and, after the words "registered society", there shall be inserted the words "or branch"; (b) after subsection (2) there shall be inserted the following subsection-- " (2A) For the purposes of this Act "special resolution", in relation to a registered friendly society, shall be construed in accordance with paragraph 7 of Schedule 12 to the 1992 Act. " 34 For section 87 there shall be substituted the following section-- " Winding-up, suspension of business and inspection87 Power of Commission to apply for winding-up of registered friendly societies and branches(1) If, on receiving the report on the state and conduct of the activities of a registered friendly society from a person appointed under section 65 of the 1992 Act, it appears to the Commission that it is in the interests of the members of the society or of the public that the society should be wound up, then, unless the society is already being wound up by the court, the Commission may present a petition to the High Court or, in Scotland, to the Court of Session for the society to be wound up by the court in accordance with the Insolvency Act 1986 or, as the case may be, the Insolvency (Northern Ireland) Order 1989 if the court thinks it just and equitable that this should be done. (2) Subsection (1) above applies in relation to a registered branch of a registered friendly society as it applies in relation to such a society. " 35 Sections 88 and 89 shall cease to have effect. 36 Section 90 shall cease to have effect in relation to registered friendly societies. 37 In section 91(4), after the words "section 85(4) above" there shall be inserted the words "or under any provision of the 1992 Act". 38 In section 93-- (a) in subsection (1)(b), for the words from the beginning to "dissolution" there shall be substituted the words "by an instrument of dissolution approved by a special resolution of the society or branch;"; (b) in subsection (1)(c), after the words "section 95(3)" there shall be inserted the words "or 95A(1)"; and (c) in subsection (3), for the words from "to the county" to "within" there shall be substituted the words " -- (a) in England and Wales, to the county court for the district, (b) in Scotland, to the sheriff of the sheriffdom, or (c) in Northern Ireland, to the county court for the division, within " . 39 Section 95 shall cease to have effect in relation to registered friendly societies and, after that section, there shall be inserted the following section-- " 95A Dissolution of registered friendly societies and branches by award(1) Subject to subsection (2) below, if upon an investigation under section 65 of the 1992 Act it appears to the Commission-- (a) that the funds of a registered friendly society or of a registered branch of such a society are insufficient to meet the existing claims on them, or (b) that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured to be given by the society or branch, the Commission may, if it considers it expedient to do so, award that the society or branch be dissolved and its affairs wound up; and where such an award is made the Commission shall direct in what manner the assets of the society or branch shall be divided or appropriated. (2) Where the Commission makes an award under this section, it may suspend the operation thereof for such period as it may deem necessary to enable the society or branch to make such alterations and adjustments of contributions and benefits as will in its judgment prevent the necessity of the award of dissolution coming into operation; and where within that period the alterations and adjustments are made, the Commission may cancel the award. (3) The Commission proceeding under this section shall have the same powers and authorities, enforceable by the same penalties, as the Chief Registrar has under section 95 above. (4) Within twenty-one days after the making of an award under this section, the Commission shall send to the central office notice of the award of dissolution and upon its receipt the central office shall cause notice of the award to be advertised in the Gazette and in some newspaper in general circulation in the neighbourhood of the registered office of the society or branch; and unless-- (a) within three months from the date on which that advertisement appears, a member or other person interested or having any claim on the funds of the society or branch commences proceedings to set aside the dissolution of the society or branch consequent upon the award, and (b) the dissolution is set aside accordingly, the society or branch shall be legally dissolved from the date of the advertisement. (5) The expenses of every award, and of advertising every notice, under this section shall be paid out of the funds of the society or branch before any other appropriation thereof is made. " 40 In section 96, after the words "section 95(3)" there shall be inserted the words "or 95A(1)". 41 In section 97, in subsection (1)(b) after the words "section 95 (6)(a)" there shall be inserted the words "or 95A(4)(a)". 42 In section 98-- (a) in subsection (1)(g), for the words from "a certificate" to "false" there shall be substituted the words "to the society or branch from which the money is claimed a false death"; (b) in subsection (2), at the end there shall be inserted the words "or the Industrial Assurance (Northern Ireland) Order 1979"; (c) in subsection (8), after "1923" there shall be inserted the words "and Article 46(2) of the Industrial Assurance (Northern Ireland) Order 1979". 43 In section 100(a), at the end there shall be added the words "other than a registered friendly society or branch of such a society". 44 In section 102-- (a) after "1980" there shall be inserted the words "or the Magistrates' Courts (Northern Ireland) Order 1981"; (b) after the word "Wales" there shall be inserted the words "or Northern Ireland"; and (c) after paragraph (b) there shall be inserted the words " ;
45 Section 106 shall cease to have effect. 46 In section 107, after subsection (2) there shall be inserted the following subsection-- " (2A) In the application of this section to Northern Ireland, references to the Secretary of State shall be construed as references to the Department of Health and Social Services for Northern Ireland. " 47 In section 110(2), after the word "Act" there shall be inserted the words "or the 1992 Act". 48 In section 111(1)-- (a) in the definition of "collecting society" at the end there shall be added the words " or the Industrial Assurance (Northern Ireland) Order 1979 " ; (b) after that definition there shall be inserted the following definition-- " "Commission" means the Friendly Societies Commission; " ; (c) in the definition of "the Companies Acts" after "1985" there shall be inserted the words "or, in Northern Ireland, the Companies (Northern Ireland) Order 1986"; (d) in the definition of "Gazette", after paragraph (b) there shall be inserted the following paragraph-- " (c) the Belfast Gazette if the registered office of the society or branch is in Northern Ireland " ; (e) after the definition of "signed" there shall be inserted the following definition-- " "the 1992 Act" means the Friendly Societies Act 1992 " . 49 Section 115 shall cease to have effect. 50 In section 117(3), after the words "extends to" there shall be inserted the words "Northern Ireland,". 51 (1) In paragraph 3 of Schedule 2-- (a) in sub-paragraph (1), for the words "sub-paragraph (2)" there shall be substituted the words "sub-paragraphs (2) and (3)" and the words "the fines and" and "or fine" shall be omitted; (b) after sub-paragraph (2) there shall be inserted the following sub-paragraph-- " (3) Nothing in sub-paragraph (1) above shall prevent a registered friendly society from specifying in its rules the manner in which the conditions under which any member may become entitled to any benefit assured by the society are to be determined, instead of specifying the conditions themselves. " (2) Paragraphs 7, 12 and 15 of that Schedule shall cease to have effect in relation to registered friendly societies. 52 After Schedule 6 there shall be inserted the following Schedule-- " SCHEDULE 6A CONVERSION OF REGISTERED SOCIETIES INTO INDUSTRIAL AND PROVIDENT SOCIETIES: SUPPLEMENTARY1 This Schedule has effect in relation to any registered society ("the society") which is registered under the Industrial and Provident Societies Act 1965 and, in this Schedule, "registration" means registration under that Act. 2 (1) On the registration of the society any appointment as trustee of the society or any branch of it shall determine. (2) All officers of the society other than its trustees shall upon its registration become officers of the industrial and provident society holding corresponding offices in that society. 3 Any agreement made, transaction effected or other thing done by, to or in relation to the society or any branch of it (whether registered or not) which is in force or effective immediately before its registration shall have effect as if made, effected or done by, to or in relation to the industrial and provident society, in all respects, as if the industrial and provident society were the same person as the society or branch and accordingly references to the society or branch-- (a) in any agreement (whether or not in writing) and in any deed, bond or instrument; (b) in any process or other document issued, prepared or employed for the purposes of any proceeding before any court or other tribunal or authority; and (c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of the registered society or branch, shall be taken as referring to the industrial and provident society. 4 (1) Any agreement made by the society or any branch of it which is in force immediately before the society's registration shall have effect as if-- (a) for references to members of the society or branch there were substituted references to members of the industrial and provident society; (b) for references to officers of the society or branch other than its trustees there were substituted references to the corresponding officers of the industrial and provident society; and (c) for references to the trustees of the registered society or branch there were substituted references to the industrial and provident society. (2) References in sub-paragraph (1) above to an agreement include references to a deed, bond or other instrument. (3) It is hereby declared for the avoidance of doubt that-- (a) the effect of section 84A of this Act in relation to any contract of employment with the society or any of its branches in force immediately before the society's registration is merely to modify the contract by substituting the industrial and provident society as the employer (and not to terminate the contract or vary it in any other way); and (b) that section is effective to vest the rights and liabilities of the society or branch under any agreement or arrangement for the payment of pensions, allowances or gratuities in the industrial and provident society along with all other rights and liabilities of the society or branch; and accordingly any period of employment with the society or branch shall count for all purposes as a period of employment with the industrial and provident society. " Section 97. SCHEDULE 17 Amendments of Policyholders Protection Act 19751 (1) In section 1 (the Policyholders Protection Board), in subsection (2), after paragraph (a) there shall be inserted the following paragraph-- " (aa) to take the measures provided for by sections 8A to 16 below for the purpose of indemnifying (in whole or in part) or otherwise assisting or protecting-- (i) members of friendly societies carrying on insurance business in the United Kingdom who have entered into contracts of insurance with societies of which they are members; and (ii) others who have been or may be prejudiced in consequence of the inability of friendly societies to meet their liabilities under such contracts; and (iii) persons who have entered into contracts of insurance with friendly societies for the provision of group insurance benefits to the members of a group scheme (within the meaning of section 11 of the Friendly Societies Act 1992); but, in relation to benefits provided by a friendly society in pursuance of such a scheme, a person falling within sub-paragraph (iii) above is not entitled to be indemnified, assisted or protected if the members of the scheme are required to be members of the society. " (2) In paragraph (b) of that subsection, after the word "companies" there shall be inserted "friendly societies". 2 After section 3 there shall be inserted the following section-- " 3A Authorised and other friendly societies(1) The functions of the Board under this Act shall be exercisable in relation to persons such as are mentioned in section 1(2)(aa) above only in cases where the friendly societies in question are qualifying friendly societies. (2) Friendly societies are qualifying friendly societies if-- (a) they are authorised friendly societies; (b) the Board is satisfied that they fall within subsection (3) or (4) below; or (c) the Board has at any time been so satisfied. (3) A society falls within this subsection if-- (a) it is required by section 48 of the Friendly Societies Act 1992 to maintain a margin of solvency; and (b) it possesses the margin of solvency which it is required to maintain. (4) A society falls within this subsection if-- (a) it is not required by section 48 of the Friendly Societies Act 1992 to maintain a margin of solvency; but (b) the value of its assets exceeds its liabilities. (5) It shall be the duty of the Commission to send the Board any abstract or other information required by the Board to enable it to perform the functions conferred on it by this section. " 3 In section 4 (protection confined to United Kingdom policies) after subsection (2) there shall be inserted the following subsection-- " (3) A contract of insurance with a friendly society is a United Kingdom policy for the purposes of this Act at any time when the performance by the society of any of its obligations under the contract would constitute the carrying on by the society in the United Kingdom of insurance business of any class. " 4 In the heading preceding section 5 (duties of the Board in case of companies in liquidation) after the word "companies" there shall be inserted "and friendly societies". 5 After section 5 there shall be inserted the following section-- " 5A Application of sections 8A, 10 and 11(1) The functions of the Board under sections 8A, 10 and 11 below are exercisable in the case of a registered friendly society if-- (a) an order has been made for the winding up of the society on a petition under section 87 of the [1974 c. 46.] Friendly Societies Act 1974; (b) it has terminated under paragraph (a) of subsection (1) of section 93 of that Act upon the happening of an event; (c) it has been dissolved in accordance with paragraph (b) of that subsection; or (d) an award has been made under section 95 or section 95A of that Act. (2) The functions of the Board under sections 8, 10 and 11 below are exercisable in the case of an incorporated friendly society if-- (a) an instrument of dissolution has been approved under section 20 of the Friendly Societies Act 1992; (b) a special resolution that it be wound up voluntarily has been passed under section 21 of that Act; or (c) an order has been made for the winding up of the society on a petition under section 22 or 52 of that Act. (3) In this Act "closing society" means a friendly society in the case of which the Board's functions are exercisable under subsection (1) or (2) above. (4) References in this Act to the beginning of the liquidation of a closing society are references-- (a) in a case falling within paragraph (a) of subsection (1) above, to the date of the order; (b) in a case falling within paragraph (b) of that subsection, to the date of the happening of the event; (c) in a case falling within paragraph (c) of that subsection, to the date of signature of the instrument of dissolution; (d) in a case falling within paragraph (d) of that subsection, to the date of the award; (e) in a case falling within paragraph (a) of subsection (2) above, to the date of signature of the instrument of dissolution; (f) in a case falling within paragraph (b) of that subsection, to the date of the passing of the special resolution; and (g) in a case falling within paragraph (c) of that subsection, to the date of the order. " 6 (1) In section 8 (general policies other than compulsory policies), in subsection (1) after the word "policy", in the first place where it occurs, there shall be inserted "issued by an authorised insurance company". (2) In subsection (4) of that section, for the words "this Act" there shall be substituted "the application of this Act to authorised insurance companies". 7 After section 8 there shall be inserted the following section-- " 8A General contracts made by friendly societiesSubject to sections 13 and 14 below, where the Board's functions are exercisable in relation to a closing society, it shall be the duty of the Board to secure that a sum equal to ninety per cent of the amount of any liability of the society to a private policyholder (within the meaning of section 6(7) above) under the terms of a contract the effecting of which constituted the carrying on of general business of any class and which was a United Kingdom policy at the beginning of the liquidation is paid to the member as soon as reasonably practicable after the beginning of the liquidation. " 8 (1) In section 10 (long term policies), in subsection (1) for the words "this Act" there shall be substituted "the application of this Act to insurance companies". (2) At the end of that section there shall be added the following subsection-- " (3) In this Act references to a "long term policy" include, in relation to a friendly society, references to a contract the effecting of which constituted the carrying on of long term business of any class, not being a contract of reinsurance. " 9 In section 11 (special provision for future benefits under long term policies) after subsection (3) there shall be inserted the following subsection-- " (3A) This section applies to a long term policy of a closing society as it applies to a long term policy of a company in liquidation but-- (a) with the addition at the end of subsection (3) above of the words "subject to the giving up of any right to a payment on dissolution of the society"; and (b) in subsection (5) below, with the insertion after the words "insurance company" of the words "or friendly society". " 10 After section 11 there shall be inserted the following section-- " 11A Application of provisions to closing societiesSections 12, 13, 14(2) to (9) and 15 shall apply to a closing society as they apply to a company in liquidation. " 11 At the end of section 16 (companies in financial difficulties) there shall be added the following subsection-- " (10) This section applies to a friendly society, not being a closing society-- (a) with the substitution of the following subsections for subsection (1)-- " (1) A friendly society, not being a closing society, is a society in financial difficulties for the purposes of this section if-- (a) it is required by section 42 or 46 of the Friendly Societies Act 1992 to send abstracts of actuaries' reports to the Commission and the most recent abstract so sent shows that it has ceased to fall within subsection (2) or subsection (3) of section 3A above; (b) it fails to comply with a direction of the Board under subsection (1A) below; (c) a provisional liquidator of the society has been appointed under section 135 of the Insolvency Act 1986 or, as the case maybe, Article 115 of the Insolvency (Northern Ireland) Order 1989; or (d) it has been proved on a winding-up petition to be unable to pay its debts. (1A) A direction under this subsection is a direction that a society, not required by section 42 or 46 of the Friendly Societies Act 1992 to send abstracts of actuaries' reports to the Commission, satisfy the Board that it possesses sufficient assets to meet its liabilities. (1B) It shall be the duty of the Commission to send the Board any information required by the Board to enable it to determine whether it is satisfied that a society to which a direction under subsection (1A) above has been given possesses sufficient assets to meet its liabilities. " ; and (b) with the omission of subsection (6)(a). " 12 In section 17 (special provision with respect to long term business of a company in financial difficulties) at the end of subsection (8) there shall be added the words "and this section applies to friendly societies in financial difficulties as it applies to companies in financial difficulties". 13 In section 18(1)(a) (definition of "general business expenditure"), for the words "or 8" there shall be substituted "8 or 8A". 14 At the end of section 19 there shall be inserted the following subsection-- " (11) This section, Schedule 2 to this Act and section 20 below apply to a closing society as they apply to a company in liquidation and to a society in financial difficulties as they apply to a company in financial difficulties. " 15 At the end of section 21 ( levies on authorised insurance companies) there shall be added the following subsection-- " (10) This section and Schedule 3 apply to qualifying friendly societies as they apply to authorised insurance companies carrying on general business in the United Kingdom, except that contributions in respect of discretionary benefits shall be disregarded in the application of subsections (4), (5) and (6) above by virtue of this subsection. " 16 In section 25 (application of surplus funds by the Board), in subsection (1), after the words "United Kingdom", there shall be inserted "and to qualifying friendly societies carrying on such business". 17 At the end of section 27 (disclosure of documents and information to the Board) there shall be added the words "in relation to companies". 18 (1) Section 32 (interpretation) shall be amended as follows. (2) In subsection (1), at the appropriate places in alphabetical order, there shall be inserted the following definitions--
(3) In subsection (2), after the word "above", there shall be inserted "but subject to subsections (2A) and (2B) below". (4) After subsection (2) there shall be inserted the following subsections-- " (2A) Any reference to a policy holder in this Act is to be construed, in the application of this Act to friendly societies, as a reference to a person who has entered into a contract of insurance with that society. (2B) References in this Act to insurance business of any class are references, in the application of this Act to friendly societies, to insurance business of a class specified in head A or head B of Schedule 2 to the Friendly Societies Act 1992. " (5) After subsection (4) there shall be inserted the following subsection-- " (4A) For the purposes of this Act, a liability of a closing society towards a member arising otherwise than under the terms of the member's contract with the society shall be treated as a liability under the terms of the contract if the liability of the society arises from any failure on the part of the society to perform an obligation under the contract to provide any services or facilities on the occurrence of any event to which the risk under the contract relates. " 19 (1) In Schedule 3 (additional provisions with respect to levies on authorised insurance companies) after paragraph 4 there shall be inserted the following paragraphs-- " 4A In the application of this Schedule to a friendly society-- (a) paragraph 4 above shall have effect with the substitution for any reference to the Secretary of State of a reference to the Commission; and (b) paragraph 9 below shall be omitted. " " 4B (1) Any person who causes or permits to be included in a statement sent to the Commission under paragraph 4 above as applied by this paragraph any information which he knows to be false in a material particular or recklessly causes or permits to be so included any information which is false in a material particular shall be guilty of an offence and liable-- (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both; (b) on summary conviction, to a fine not exceeding the statutory maximum. (2) Any friendly society which makes default in complying with paragraph 4 above as so applied shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. " Section 98. SCHEDULE 18 Amendments of Financial Services Act 1986Part I Amendments of Provisions Other Than Schedule 111 The following section shall be substituted for section 23-- " 23 Friendly societiesA friendly society which carries on investment business in the United Kingdom is an authorised person as respects any investment business which it carries on for or in connection with any of the activities mentioned in Schedule 2 to the Friendly Societies Act 1992. " 2 In section 113 (periodical fees), for subsection (3) there shall be substituted the following subsection-- " (3) So long as a friendly society is authorised under section 23 above to carry on investment business it shall pay to the Friendly Societies Commission such periodical fees as the Commission may by regulations specify. " 3 In section 141 (indemnity schemes), in subsection (2), for the words from "the Chief Registrar" onwards there shall be substituted "the Friendly Societies Commission". 4 In section 179 (restrictions on disclosure of information), in subsection (3), for paragraph (e) there shall be substituted-- " (e) the Friendly Societies Commission " . 5 In section 180 (exceptions from restrictions on disclosure), in subsection (1), for paragraph (h) there shall be substituted-- " (h) for the purpose of enabling or assisting the Friendly Societies Commission to discharge its functions under this Act, the enactments relating to friendly societies or the enactments relating to industrial assurance " . 6 In section 204(1) (service of notices), for the words from "the Chief Registrar" onwards there shall be substituted "or the Friendly Societies Commission". 7 In section 207(1) (interpretation), the following definitions shall be inserted after the definition of "exempted person"-- " "friendly society", "incorporated friendly society" and "registered friendly society" have the meaning given by section 116 of the Friendly Societies Act 1992 " . 8 In section 210(3) (expenses and receipts), for the words from "the Chief Registrar" onwards there shall be substituted "the Friendly Societies Commission". 9 (1) In the following provisions of Schedule 14 (restriction of Rehabilitation of Offenders Act 1974)-- (a) paragraph 5 of Part I, (b) paragraph 7 of Part II, and (c) paragraph 4 of Part III, for the words "Chief Registrar of friendly societies, the Registrar of Friendly Societies for Northern Ireland" there shall be substituted "Friendly Societies Commission". (2) In paragraph 6 of Part I of that Schedule, for the word "Registrar" there shall be substituted "Friendly Societies Commission". Part II Amendments of Schedule 1110 (1) Subject to paragraph 11 below, for each of the following phrases-- (a) "the Registrar", (b) "the Chief Registrar of friendly societies", and (c) "the Chief Registrar of friendly societies or the Registrar of Friendly Societies for Northern Ireland", wherever occurring, there shall be substituted the words "the Commission". (2) Subject to sub-paragraph (3) below, for the word "he" or "him", in each place where it occurs, there shall be substituted "the Commission". (3) Sub-paragraph (2) above does not apply where the word "he" or "him" refers to the Secretary of State or to the Chairman of any body. 11 (1) In paragraph 1, in the definition of "a recognised self-regulating organisation for friendly societies", for the words "an order of the Registrar" there shall be substituted "a recognition order". (2) In that paragraph, in the definition beginning "a member society"-- (a) for the words "an appropriate" there shall be substituted "a"; and (b) the words from "and, for the purposes" onwards shall be omitted. (3) In that paragraph, for the definition of "the Registrar" there shall be substituted--
(a) an order made by the Chief Registrar of friendly societies or the Registrar of Friendly Societies for Northern Ireland before Schedule 18 to the Friendly Societies Act 1992 came into force; or (b) an order made by the Commission after that Schedule came into force". 12 In paragraph 3(1)-- (a) for the word "his" there shall be substituted "the Commission's"; and (b) for the words from "an order" onwards there shall be substituted "a recognition order in respect of the organisation declaring the applicant to be a recognised self-regulating organisation for friendly societies". 13 In paragraph 4(2), for the words "the Friendly Societies Act 1974, or as the case may be, the Friendly Societies Act (Northern Ireland) 1970" there shall be substituted the words "Parts V and VIII of the Friendly Societies Act 1992". 14 In paragraph 7(1), for the words "himself alter, its rules" there shall be substituted "itself alter, the rules of the organisation". 15 In paragraph 13A(6), for the word "his" there shall be substituted "its". 16 In paragraph 26, for sub-paragraph (2) there shall be substituted the following sub-paragraph-- " (2) The powers mentioned in sub-paragraph (1) above are-- (a) in relation to a registered friendly society, those under subsection (1) of section 87 (inspection and winding up of registered friendly societies) and subsections (1) and (2) of section 91 (cancellation and suspension of registration) of the Friendly Societies Act 1974; (b) in relation to an incorporated friendly society, those under section 22 (winding up by court: grounds and petitioners) of the Friendly Societies Act 1992; and (c) in relation to a registered friendly society or an incorporated friendly society, those under the following provisions of the Friendly Societies Act 1992, namely, section 36 (imposition of conditions on current authorisation), section 39 (power to direct application for fresh authorisation), section 40 (withdrawal of authorisation in respect of new business), section 51 (power to forbid acceptance of new members), section 52 (application to court), section 62 (power to obtain information and documents etc.), section 65 (investigations on behalf of Commission) and section 66 (inspections and special meetings: general), and the sections referred to above shall apply in relation to the exercise of those powers by virtue of this paragraph as they apply in relation to their exercise in the circumstances mentioned in those sections " . 17 In paragraph 28(6), for the word "his" there shall be substituted "its". Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 -- Back --
Stat
|
Other
|