(1)If the rules of a registered friendly society expressly so direct, the society may carry on any group insurance business.
(2) In this Act “ group insurance business ” means business (carried on in accordance with the society’s rules and subject to any regulations under section 11 of the 1992 Act) which—
(a)is of a description falling within Head A, or class 2 of Head B, of Schedule 2 to the 1992 Act; and
(b)is carried on as the business of providing benefits, in pursuance of a contract with a qualifying person, for or in respect of the members of a group scheme.
(3)For the purposes of this section—
“ group scheme ” means a scheme or other arrangement under which benefits are to be provided for or in respect of persons who are members of the scheme and who qualify for membership by virtue of—
being employees of a particular employer; or
being members of some other group of persons of a description specified in regulations under section 11 of the 1992 Act;
“ qualifying person ” means a person who has established or is otherwise responsible for the operation of a group scheme or a trustee of such a scheme;
and “ member ”, in relation to a group scheme, includes any person for or in respect of whom benefits are to be provided under the scheme, whatever the terms in which such persons are described in the scheme.
(4)Group insurance business may be carried on by a registered friendly society whether or not members of the group scheme are, or are required by the society to be, members of the society.
(5)Where a registered friendly society carries on any group insurance business and the rules of the society so provide, any qualifying person with whom the society contracts (or his nominee) may be accorded the rights of a member of the society (including any right to vote) for the purpose of participating in the affairs of the society in the interests of the members of the group scheme with which he is concerned.
(6)The rules of an incorporated friendly society may not prevent a person from being a member of the society in his private capacity by reason only of the fact that he has been accorded the rights of a member by virtue of subsection (5) above.
(7)A person who is accorded the rights of a member of a society by virtue of subsection (5) above shall, for the purposes of any power which is conferred on the [F2FCA or the PRA] by this Act or the 1992 Act and is exercisable in the interests of members of the society, be treated as if he were a member of the society.
(8)The [F3Treasury] may make regulations under section 11(7) of the 1992 Act which apply to group insurance business carried on by registered friendly societies.]
Textual Amendments
F1Ss. 65A, 65B inserted (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 23 (with ss. 7(5) and 93(4)); S.I. 1993/2213, art 2, Sch. 6.
F2Words in s. 65A(7) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 10 (with Sch. 12)
F3Word in s. 65A(8) substituted (17.8.2001 for certain purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 13(1), Sch. 3 Pt. I para. 24(b) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
Modifications etc. (not altering text)
C1S. 65A applied (7.2.1994) by 1993 c. 48 s. 162(4)(c)(i) (with s. 6(8)); S.I. 1994/86 art. 2
S. 65A(2) applied (N.I.) (7.2.1994) by 1993 c. 49 s. 158(4)(c); S.R. 1994/17 art. 2
C2S. 65A(8): functions transferred to the Treasury (1.12.2001) by S.I. 2001/2617, arts. 2(b), 4(1), Sch. 1 Pt. II (with art. 5); S.I. 2001/3538, art. 2(1)