Friendly Societies Act 1992

Part IU.K. Amendments of Enactments

Loan Societies Act 1840U.K.

1U.K.The duty of the Chief Registrar to lay before Parliament the documents mentioned in section 27 of the M1Loan Societies Act 1840 (accounts etc of loan societies) is abolished.

National Savings Bank Act 1971U.K.

2U.K.In sections 10 (disputes) and 11 (fees on reference of disputes) of the M2National Savings Bank Act 1971 for the word “Registrar", in each place where it occurs, there shall be substituted the word “ adjudicator ”.

3U.K.In section 27 of that Act for the definition beginning “the Registrar" there shall be substituted—

““the adjudicator” means the adjudicator appointed under section 84 of the Friendly Societies Act 1992”.

National Debt Act 1972U.K.

4U.K.For section 5 of the M3National Debt Act 1972 there shall be substituted the following section—

“5 Settlement of disputes as to holdings on the register

(1)If a dispute arises between the Director of Savings and the holder of any stock registered in the register or a person claiming to be entitled to any such stock, the matter in dispute shall be referred in writing to a person (“the adjudicator”) appointed under section 84 of the Friendly Societies Act 1992.

(2)On a reference under the foregoing subsection the adjudicator may proceed ex parte on notice in writing sent by post to the Director of Savings, and may inspect the register and may administer oaths to any witnesses appearing before him, and his award on the matter in dispute shall be final and binding on all parties.”

Solicitors Act 1974U.K.

5(1)Section 23 of the M4Solicitors Act 1974 (preparation of papers for probate etc. by unqualified persons) shall be amended as follows.U.K.

(2)In subsection (2), after paragraph (h) there shall be inserted the following paragraph—

“(i)a jointly controlled body or subsidiary—

(i)whose business, or any part of whose business, consists of acting as trustee or executor; and

(ii)which satisfies those conditions.”

(3)After subsection (2A) there shall be inserted the following subsection—

“(2B)In subsection (2)(i) “jointly controlled body” and “subsidiary” have the meanings given by section 13 of the Friendly Societies Act 1992.”

Insurance Companies Act 1982U.K.

6(1)In section 49 of the M5Insurance Companies Act 1982, (sanction of court for transfer of long term business) at the beginning of subsection (1) there shall be inserted “ Subject to section 49A below ”.U.K.

(2)After that section there shall be inserted the following section—

“49A Transfer of long term business to friendly society.

(1)Section 49 above applies, with the following adaptations, to a transfer of business to an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992.

(2)In subsection (3)(c) (service of documents), after the words “the Secretary of State" there shall be inserted the words “and on the Friendly Societies Commission".

(3)In subsection (5) (persons entitled to be heard on petition), in paragraph (a) after the words “the Secretary of State" there shall be inserted the words “and the Friendly Societies Commission".

(4)In subsection (6) (requirement that transferee company be authorised to carry on long term business), for the words “authorised under section 3 or 4 above" there shall be substituted the words “authorised under Part IV of the Friendly Societies Act 1992."”

Companies Act 1985U.K.

7(1)In section 449 of the M6Companies Act 1985 (provision for security of information obtained), in subsection (1), after paragraph (dd) there shall be inserted the following paragraphs—U.K.

“(de)for the purpose of enabling or assisting the Chief Registrar of friendly societies or the Assistant Registrar of friendly societies for Scotland to discharge his functions under the enactments relating to friendly societies;

(df)for the purpose of enabling or assisting the Friendly Societies Commission to discharge its functions under the Financial Services Act 1986.”

(2)In subsection (3) of that section, after paragraph (j) there shall be inserted the following paragraph—

“(jj)the Friendly Societies Commission”.

Company Directors Disqualification Act 1986U.K.

8U.K.After section 22A of the M7Company Directors Disqualification Act 1986 (application of Act to building societies) there shall be inserted the following section—

“22B Application of Act to incorporated friendly societies.

(1)This Act applies to incorporated friendly societies as it applies to companies.

(2)References in this Act to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society.

(3)In relation to an incorporated friendly society every reference to a shadow director shall be omitted.

(4)In the application of Schedule 1 to the members of the committee of management of an incorporated friendly society, references to provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of the Friendly Societies Act 1992.”

Banking Act 1987U.K.

9U.K.In section 84(1) of the M8Banking Act 1987 (disclosure of information obtained under that Act), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made, after the entry beginning “The Chief Registrar of friendly societies" there shall be inserted the following entry—

Income and Corporation Taxes Act 1988U.K.

F110U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Companies Act 1989U.K.

11U.K.In section 87 of the M9Companies Act 1989 (disclosure of information obtained under that Act), in subsection (4), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made after the entry beginning “The Chief Registrar of friendly societies" there shall be inserted the following entry—

Tribunals and Inquiries Act 1992U.K.

F212U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F313U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F414U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F515U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F616U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Trade Union and Labour Relations (Consolidation) Act 1992U.K.

F717U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Contributions and Benefits (Northern Ireland) Act 1992U.K.

18U.K.In section 171(2) of the M10Social Security Contributions and Benefits (Northern Ireland) Act 1992, after “157" there shall be inserted the words “ and regulations made by the Chief Registrar of friendly societies under paragraph 10(2) of Schedule 1 to this Act. ”

19(1)In Schedule 1 to that Act, in paragraph 10(2)—U.K.

(a)for the words “Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ Friendly Societies Act 1974 ”; and

(b)for the words “Registrar of Friendly Societies for Northern Ireland" there shall be substituted “ Chief Registrar of Friendly Societies ”.

(2)In that Schedule, in paragraph 10 for sub-paragraph (3) there shall be substituted the following sub-paragraph—

“(3)The power conferred by sub-paragraph (2) above on the Chief Registrar of Friendly Societies to make regulations shall be exercisable by statutory instrument, and—

(a)the Statutory Instruments Act 1946 shall apply to that power as if the Chief Registrar were a Minister of the Crown, and

(b)section 171(3) to (5) above shall apply to those regulations as they apply to regulations made by the Department.”