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Statutory Instrument 1994 No. 1982

The Friendly Societies (Authorisation) Regulations 1994

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1994 No. 1982

FRIENDLY SOCIETIES

The Friendly Societies (Authorisation) Regulations 1994

Made20th July 1994
Laid before Parliament1st August 1994
Coming into force1st September 1994

    The Friendly Societies Commission, with the consent of the Treasury, in exercise of the powers conferred upon it by paragraph 2(2) of Schedule 13 to, and section 121(3) of, the Friendly Societies Act 1992[1] and of all other powers enabling it in that behalf, hereby makes the following Regulations:
    Citation and commencement
        1.    These Regulations may be cited as the Friendly Societies (Authorisation) Regulations 1994, and shall come into force on 1st September 1994.
    Interpretation
        2.—(1)  In these Regulations, unless the context otherwise requires—
      "the 1992 Act" means the Friendly Societies Act 1992;

      "class", in relation to insurance business, has the meaning given in section 43 of the 1992 Act;

      "deposit back arrangement", in relation to any contract of reinsurance, means an arrangement whereby an amount is deposited by the reinsurer with the cedant;

      "expected date of authorisation" means the date which is 6 months after the date of submission of an application for authorisation under section 32 of the 1992 Act, or, such earlier date as the Commission may, at the request of a society, determine;

      "information" includes proposal and financial forecast;

      "mathematical reserves" means the provision made by the society to cover liabilities (excluding liabilities which have fallen due and liabilities arising from deposit back arrangements) arising under or in connection with contracts for long term business;

      "minimum guarantee fund" means the minimum guarantee fund referred to in Regulation 5 of the Friendly Societies (Insurance Business) Regulations 1994[2];

      "premium" includes a contribution in respect of an insurance benefit and the consideration for the granting of an annuity;

      "qualifying bodies" has the meaning given by section 13(2) of the 1992 Act;

      "required margin of solvency" means the margin of solvency to be maintained by the society under section 48 of the 1992 Act;

      "Schedule" means Schedule to these Regulations;

      "society" means an incorporated friendly society or a registered friendly society;

      "the valuation regulations" means Parts IV and V of the Friendly Societies (Insurance Business) Regulations 1994.

        (2)  In these Regulations, unless the context otherwise requires—
       (a) references to an actuary, appointed actuary, appropriate actuary or controller shall have the same meaning as they have in section 119 of the 1992 Act;
       (b) references to insurance business, direct insurance business, long term business, general business, or reinsurance business shall have the same meaning as they have in section 117 of the 1992 Act; and
       (c) references to non-insurance business shall have the same meaning as they have in section 119 of the 1992 Act.

    Application
        3.    These Regulations shall apply to an application for authorisation to carry on insurance or non-insurance business under section 32 of the 1992 Act.
    Authorisation: submission of information
        4.    The information to be submitted pursuant to paragraph 2(2) of Schedule 13 to the 1992 Act shall be—
       (a) for an application for authorisation to carry on long term business, the information specified in Schedule 1;
       (b) for an application for authorisation to carry on general business, the information specified in Schedule 2; and
       (c) for an application for authorisation to carry on non-insurance business, the information specified in Schedule 3.
    Transitional provision
        5.    Any application for authorisation to carry on long term business, general business or non-insurance business made under section 32 of the 1992 Act which—
       (a) was received by the Commission prior to the entry into force of these Regulations;
       (b) complied with the requirements set out in the Friendly Societies (Authorisation No. 2) Regulations 1993[3]; and
       (c) in respect of which the Commission has not granted or refused authorisation,
    shall be treated as if it were an application made in accordance with these Regulations.
    Revocation
        6.    The Friendly Societies (Authorisation No. 2) Regulations 1993 are hereby revoked.


In witness whereof the common seal of the Friendly Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 13 of Schedule 1 to the Friendly Societies Act 1992, on


Michael Cook

Secretary to the Commission

18th July 1994.
We consent to these Regulations

Tim Wood

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

20th July 1994




Notes:

[1] 1992 c. 40; section 119(1) contains a definition of "the Commission".

[2] S.I. 1994/1981.

[3] S.I. 1993/2521.

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