Industrial Assurance Act 1923 (repealed )

Special Provisions as to Collecting SocietiesE+W+S

6 Name of collecting societies.E+W+S

In the case of any collecting society registered after the thirty-first day of December, eighteen hundred and ninety-five, or of a society which becomes a collecting society after the passing of this Act, the last words in the name of the society shall be “collecting society,” and the society shall use its registered name on all documents issued by it and no other name.

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

[F28 Provisions to be contained in rules. E+W+S

(1)The rules of a collecting society shall provide—

(a)for a separate account being kept of all receipts in respect of the industrial assurance business transacted by the society, and for those receipts being carried to and forming a separate fund under the name of the industrial assurance fund; but nothing in this provision shall be construed as requiring the investments of the industrial assurance fund to be kept separate from the other investments of the society;

[F2(b)for the industrial assurance fund being as absolutely the security of the owners of the industrial assurance policies as though it belonged to a society carrying on no business other than industrial assurance business, and not being liable for any contracts of the society for which it would not have been liable had the business of the society been only that of industrial assurance, and not being applied directly or indirectly for any purposes other than those of the industrial assurance business of the society, so however as not to affect the liability of that fund to the prejudice of persons interested in contracts entered into by the society before the fourteenth day of February, nineteen hundred and twenty-three;]

(c)for separate valuations being made of the industrial assurance business of the society.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

9 F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

10 Exemptions, total and partial.E+W+S

[F4(1)The Commission may, on the application of a collecting society, grant it a certificate of exemption from all or any of the provisions of this Act, in any case where the Commission is satisfied that the society does not or will not carry on the business of effecting assurances upon human life, premiums in respect of which are received by means of collectors at a greater distance than ten miles from the registered office of the society, and where the Commission is of opinion that the society is not one to which those provisions ought to apply.]

(2)A certificate of exemption under this section shall be granted subject to the condition that the society will not employ collectors to receive premiums on policies issued by the society at a greater distance than ten miles from the registered office of the society, and, if in the case of any society to which a certificate of exemption has been so granted, the said condition is at any time not complied with, the society and any collector so employed shall be deemed to have contravened the provisions of this Act, and this Act shall be deemed as from the date of such non-compliance to have applied to the society as if no such certificate of exemption had been granted to it.

(3)The certificate shall be subject to revocation by the [F5Commission], but shall remain in force until so revoked, and until notice of the revocation has been advertised in the Gazette and in some newspaper in general circulation in the neighbourhood of the registered office of the society, and also transmitted by registered letter to the society.

(4)Where at the commencement of this Act there is in force a certificate of examption issued under section eleven of the M1Collecting Societies and Industrial Assurance Companies Act 1896, or the corresponding provision of any Act repealed by that Act, the certificate shall, after the commencement of this Act, continue in force until revoked and have effect as if it were a certificate issued under this section exempting the society from all the provisions of this Act.

[F611 Special provision as to juvenile societies.E+W+S

(1)This Act shall not apply to a juvenile society within the meaning of this section notwithstanding that premiums of the juvenile members of the society are received by means of collectors, if and so long as no premiums of any members of the society who are not juvenile members are so received.

(2)For the purposes of this section the expression “juvenile society” means a registered friendly society or branch which consists wholly or in part of juvenile members, and which is a branch of, or is shown to the satisfaction of the [F7relevant authority] to be connected with, a friendly society registered before the seventh day of June, nineteen hundred and twenty-three, and the expression “juvenile member” means a member under the age of eighteen years.]