Provisions as to Benefit FundsE+W+S

3 Registration. E+W+S

(1)Application for the registration under this Act of any fund may be made in writing addressed to the [F1Authority], signed by the trustees of the fund, and every such application shall specify the address at which communications concerning the fund will be received by the secretary (hereinafter referred to as “the address of the fund”) and shall be accompanied by two copies of the rules of the fund and a list of the names and addresses of the trustees of the fund.

(2)Upon application being made in accordance with the provisions of this Act for the registration of any fund, the [F1Authority] shall, if [F1it] is satisfied that the fund is qualified for registration, register the fund and the rules thereof, and shall enter in the register the address of the fund and the names and addresses of the trustees.

(3)In event of any amendment of the rules of a registered fund or of any change in the address of such a fund or in the names or addresses of the trustees thereof, the trustees shall, within twenty-one days after the making of the amendment or change, apply for the registration of the amendment or for the correction of the register in respect of the change, as the case may be, by sending an application in writing addressed to the [F1Authority], signed by the secretary of the fund, and accompanied, in the case of an amendment, by two copies thereof signed by one of the trustees of the fund, and in the case of any such change as aforesaid, by the necessary particulars for the correction of the register: no amendment in the rules of a registered fund shall be valid until it has been registered, but, upon application for the registration of any such amendment being made as aforesaid, the [F1Authority] shall register the amendment if [F1it] is satisfied that the rules as thereby amended would not have disqualified the fund for registration under this Act.

(4)Upon the registration under this Act of any fund or of an amendment of the rules of any registered fund, the [F1Authority] shall issue a certificate of registration, and any document purporting to be a certificate issued under this subsection and to be signed or sealed by the registrar shall be received in evidence and be deemed to be so issued, signed or sealed without further proof unless the contrary is shown, and shall be conclusive evidence of the fact certified.

(5)The registration of a registered fund shall not be cancelled unless and until the fund has been wound up, but within fourteen days after the completion of the winding-up of any such fund the trustees shall send notice thereof in writing to the [F1Authority] and upon receiving notice that any registered fund has been wound up, the [F1Authority] shall, if [F1it] satisfied that the fund has been wound up and the assets thereof applied in accordance with the provisions of the rules of the fund, cancel the registration of the fund.

F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 3(1)-(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 178(2)(a)

F2S. 3(6) repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 178(3)

Modifications etc. (not altering text)