1993 No. 2213 (C. 43)
The Friendly Societies Act 1992 (Commencement No.6 and Transitional Provisions) Order 1993
Made
The Treasury, in exercise of the powers conferred on them by section 126(2) and (3) of the Friendly Societies Act 19921 and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and interpretation1
1
This Order may be cited as the Friendly Societies Act 1992 (Commencement No.6 and Transitional Provisions) Order 1993.
2
In this Order—
“the 1923 Act” means the Industrial Assurance Act 19232;
“the 1974 Act” means the Friendly Societies Act 19743;
“the 1992 Act” means the Friendly Societies Act 1992;
“Chief Registrar” means the Chief Registrar of Friendly Societies;
“collecting society” has the meaning given to that term in section 1(1A) of the 1923 Act4;
“Commission” means the Friendly Societies Commission established under section 1 of the 1992 Act;
“Industrial Assurance Commissioner” has the meaning given to that title in section 2 of the 1923 Act;
“insurance business” has the meaning given to that term in section 117(1) of the 1992 Act;
“non-insurance business” has the meaning given to that term in section 119(1) of the 1992 Act;
“registered friendly society” means a friendly society registered under the 1974 Act;
“registrar” has the meaning given to that term in section 111(3) of the 1974 Act;
“relevant year” means, in relation to a friendly society which sent an annual return to the registrar under section 43 of the 1974 Act for the year ending with 31st December 1991, that year, and, in relation to a friendly society which did not send an annual return to the registrar for that year, means the year ending with 31st December for which the friendly society had sent its last annaul return to the registrar;
“specified date” has the meaning given to that term in section 93(6) of the 1992 Act;
“specified income” means an amount determined in accordance with Schedule 1 to this Order;
“transitional period” has the meaning given to that term in section 93(14) of the 1992 Act; and
“year of account” has the meaning given to that term in section 111(4) of the 1974 Act.
Days appointed2
1
The provisions of the 1992 Act specified in column 1 of each of Schedules 2 and 5 to this Order (which relate to the matters mentioned in column 2 of each Schedule) shall come into force for all remaining purposes, the provisions of the 1992 Act specified in column 1 of each of Schedules 3 and 6 to this Order (which relate to the matters mentioned in column 2 of each Schedule) shall come into force generally and the provisions of the 1992 Act specified in column 1 of Schedule 4 to this Order (which relate to the matters mentioned in column 2 of that Schedule) shall come into force for the purpose described in column 3 of that Schedule in each case on the date specified in relation to that Schedule in the following table—
Schedule 2 | 13th September 1993 |
Schedule 3 | 13th September 1993 |
Schedule 4 | 13th September 1993 |
Schedule 5 | 1st January 1994 |
Schedule 6 | 1st January 1994 |
2
Section 31 of the 1992 Act shall come into force on 1st January 1994 in relation to the carrying on of any insurance business or non-insurance business by a registered friendly society—
a
the value of whose specified income for the relevant year exceeded £3,000; and
b
which does not duly apply to the Commission before 1st January 1994 under section 32 or 33 of the 1992 Act for authorisation to carry on or to continue to carry on any class or part of a class of insurance business or any description of non-insurance business.
3
Section 31 of the 1992 Act shall come into force on 1st January 1994 in relation to the carrying on by a registered friendly society of insurance business in respect of which the society is deemed to be granted an authorisation under section 32(7).
4
Except as provided for in paragraph (3) above, section 31 of the 1992 Act shall come into force on 1st July 1994 in relation to the carrying on of any insurance business or non-insurance business by a registered friendly society—
a
the value of whose specified income for the relevant year exceeded £3,000; and
b
which duly applies to the Commission before 1st January 1994 under section 32 or 33 of the 1992 Act for authorisation to carry on or to continue to carry on any class or part of a class of insurance business or any description of non-insurance business.
Transitional provisions
3
Where a registered friendly society does not on 1st January 1994 have a chief executive as required by section 28 of the 1992 Act, the secretary of the society shall be deemed for all the purposes of the 1992 Act to be the chief executive of the society until the specified date or until the expiry of the transitional period, whichever is the earlier.
4
Where a registered friendly society does not on 1st January 1994 maintain a register of the names and addresses of members of the society as required by section 63A of the 1974 Act5 it shall not be subect to the obligations imposed by section 63A until the specified date or until the expiry of the transitional period, whichever is the earlier.
5
Where the Chief Registrar has before 13th September 1993 approved a notice, or the terms of an advertisement, under section 82(4) of the 1974 Act by a registered friendly society which proposes to amalgamate with or to transfer its engagements to another friendly society, section 82 of the 1974 Act shall continue to apply to the proposed amalgamation or transfer of engagements without the amendments made to it by paragraph 29 of Schedule 16 to the 1992 Act or the repeals of part of it by Part I of Schedule 22 to the 1992 Act and section 86 of the 1974 Act shall continue to apply to any special resolution passed by the society under section 82(1) or (2) in relation to such amalgamation or transfer of engagements without the amendments made to section 86 by paragraph 33 of Schedule 16 to the 1992 Act.
6
Where the Industrial Assurance Commissioner has before 13th September 1993 approved notice, or the terms of an advertisement, under section 82(4) of the 1974 Act by a registered friendly society, being a collecting society, which proposes to amalgamate with or to transfer its engagements to another collecting society, section 82 of the 1974 Act as modified in its application to collecting societies by section 36 of the 1923 Act6 shall continue to apply to the proposed amalgamation or transfer of engagements notwithstanding the repeal of section 36 of the 1923 Act by Part I of Schedule 22 to the 1992 Act and shall apply without the amendments made to section 82 by paragraph 29 of Schedule 16 to the 1992 Act or the repeals of part of it by Part I of Schedule 22 to the 1992 Act.
7
A registered friendly society or branch shall continue to be subject to sections 30, 417 and 43 of the 1974 Act for the purposes of any revenue accounts or balance sheets due to be prepared, any quinquennial or triennial valuation due to be carried out or any annual return due to be sent to the registrar in respect of the year of account for 1993 or any previous year or, as the case may be, in respect of any period of three or five years ending on or before 31st December 1993 until the relevant steps have been taken under those sections notwithstanding the amendments made to sections 30, 41 and 43 of the 1974 Act by paragraph 12 of Schedule 16 to the 1992 Act.
8
The auditors of a registered friendly society or branch shall continue to be subject to section 38 of the 1974 Act for the purpose of any report due to be made to the society or branch in respect of the year of account for 1993 or any previous year until such report has been made notwithstanding the amendments made to section 38 by paragraph 12 of Schedule 16 to the 1992 Act.
9
A collecting society which is a registered friendly society shall send a return for the year 1993 to the Industrial Assurance Commissioner as prescribed in the Industrial Assurance (Collecting Society Returns) Regulations 19688 made under section 13(1) of the Industrial Assurance and Friendly Socieites Act 19489 notwithstanding the amendment of section 13(1) of that Act by paragraph 14 of Part I of Schedule 19 to the 1992 Act.
10
A registered friendly society the value of whose specified income for the relevant year did not exceed £3,000 may, notwithstanding the amendments made to section 7(1) of the 1974 Act by paragraph 4 of Schedule 16 to the 1992 Act and the repeal of Schedule 1 to the 1974 Act by Part I of Schedule 22 to the 1992 Act, continue to provide for any of the purposes specified in Schedule 1 to the 1974 Act which it may undertake under its rules until it has altered its rules to enable it to provide for any purpose falling within Schedule 2 to the 1992 Act or until section 31 of the 1992 Act has come into force in relation to the carrying on by it of any insurance business or non-insurance business, whichever is the earlier.
SCHEDULE 1SPECIFIED INCOME
1
The specified income for a society for the purposes of article 1 is the amount determined in accordance with paragraphs 2 to 8 below.
2
In respect of a friendly society which, for the relevant year, was required under section 43 of the 1974 Act to send to the Chief Registrar an annual return in the form of Form R/FS/AR1, the value of the specified income for that relevant year is the sum of the amounts required to be entered at the following entries in Form R/FS/AR1:
a
in form B (“BENEFIT AND BENEFIT RESERVE FUNDS”), the entry at line 1 for “Contributions (including the contribution deficiency recovered or recoverable in respect of Life Assurance Premium Relief)”; and
b
in form D (“MANAGEMENT FUNDS”), the entry at line 1 for “Contributions for management”.
3
In respect of a friendly society which, for the relevant year, was required under section 43 of the 1974 Act to send to the Chief Registrar an annual return in the form of Form A.R.1, Form A.R.1A or Form A.R.1C, the value of the specified income for that relevant year is the sum of the amounts required to be entered at the following entries in Form A.R.1, Form A.R.1A and Form A.R.1C respectively:
a
in form A (“… FUND”), the entry for “Contributions (including the contribution deficiency recovered or recoverable in respect of Life Assurance Premium Relief)”;
b
in form C (“… FUND”), which is used for a benefit fund, the entry for “Contributions (including the contribution deficiency recovered or recoverable in respect of Life Assurance Premium Relief)”; and
c
in form D (“MANAGEMENT FUND”), the entry for “Contributions for management”.
4
In respect of a friendly society which, for the relevant year, was required under section 43 of the 1974 Act to send to the Chief Registrar an annual return in the form A.R.1B, the value of the specified income for that relevant year is the sum of the amounts required to be entered at the following entries in Form A.R.1B:
a
in form A (“SICK AND DEATH FUNDS”), the entry for “Total Contributions and Levies for Benefits (£)”;
b
in forms D (“DISTRESS RELIEF FUND”), E (“… FUND”), and F (“… FUND”), which are used for a benefit fund, the entries for “Contributions”, and
c
in form H (“MANAGEMENT FUND”), the entry for “Contributions for Management”,
less the amounts required to be entered at the entry in form A (“SICK AND DEATH FUNDS”), for “Levies for Benefit (£)”.
5
In respect of a friendly society which, for the relevant year, was required under section 43 of the 1974 Act to send to the Chief Registrar an annual return in the form of Form A.R.5, the value of the specified income for that relevant year is the sum of the amounts required to be entered at the following entries in form A (“GENERAL ACCOUNT”) of Form A.R.5:
a
the entry for “Contributions For Management”; and
b
the entry for “Contributions For Benefits (if for various benefits, each to be stated separately)”.
6
In respect of a friendly society which, for the relevant year, was required under section 43 of the 1974 Act to send to the Chief Registrar an annual return in the form of Form A.R.10 or Form A.R.10A, the value of the specified income for that relevant year is the sum of the amounts required to be entered at the following entries in Form A.R.10 and A.R.10A respectively:
a
in form A (“INDUSTRIAL ASSURANCE FUND”), the entry for “Totals” of the gross amount of premiums of assurance income; and
b
in form B (“OTHER ASSURANCE FUNDS”), the entry for “Totals” of the gross amount of premiums of assurance income.
7
In respect of a friendly society which, for the relevant year, has sent to the Chief Registrar more than one of any of the forms referred to in paragraphs 2 to 6 above, the value of the specified income for that relevant year is the sum of such amounts as are specified in paragraphs 2 to 6 above in relation to each form that was sent.
8
Notwithstanding paragraphs 2 to 6 above, any amount which is an amount transferred from another fund or account shall not be included in the specified income of a friendly society.
SCHEDULE 2PROVISIONS OF THE 1992 ACT COMING INTO FORCE FOR ALL REMAINING PURPOSES ON 13TH SEPTEMBER 1993
(1) | (2) |
|---|---|
Provisions of the Act | Subject matter of provisions |
Section 27(5), to the extent that it relates to the provision of Part II of Schedule 11 specified in this Schedule | Dealings with members of committees of management |
Section 30, to the extent that it relates to the provision of Schedule 12 specified in this Schedule | Meetings and resolutions |
Section 32, except subsection (7) | Grant of authorisation by Commission: general |
Section 33 | Applications from certain existing friendly societies |
Sections 34 and 35 | Grant of unconditional or conditional authorisation and extension of current authorisation |
Sections 36 to 43 | Imposition of conditions on current authorisation, restriction on combinations of business, restriction on commercial business, power to direct application for fresh authorisation, withdrawal of authorisation in respect of new business, withdrawal of authorisation to carry on insurance business, contracts effected in contravention of section 31(1) and interpretation of Part IV |
Section 44(8) | Power to make regulations prescribing qualifications for appointment of actuaries by societies with long term business |
Section 45 | Valuation of assets and liabilities |
Section 46, subsections (1), (3) and (8) | Annual investigation into condition of certain societies |
Section 49(1) | Failure to maintain margin of solvency in accordance with regulations |
Section 50 | Criteria of prudent management |
Section 70, subsections (5), (6) and (7) | Power to make regulations concerning contents and form of annual accounts |
Section 72(2), to the extent that it relates to the provision of Schedule 14 specified in this Schedule | Auditors |
Section 95, to the extent that it relates to the provision of Schedule 16 specified in this Schedule | Amendments of Friendly Societies Act 1974 |
Section 100, to the extent that it relates to the provision of Part I of Schedule 19 specified in this Schedule | Industrial assurance |
In Part II of Schedule 11, paragraph 16 | Power to prescribe series of monetary amounts by order |
In Schedule 12, paragraph 7 | Special resolutions |
Schedule 13 | Authorisation: supplementary provisions |
In Schedule 14, paragraph 17 | Remuneration of auditors and their associates for non-audit work |
In Schedule 16, paragraph 32 (except subsection (8) of section 84A) | Amendment of Friendly Societies Act 1974 |
In Part I of Schedule 19, paragraph 14 | Amendment of Industrial Assurance and Friendly Societies Act 1948 |
SCHEDULE 3PROVISIONS OF THE 1992 ACT COMING INTO FORCE GENERALLY ON 13TH SEPTEMBER 1993
(1) | (2) |
|---|---|
Provisions of the Act | Subject matter of provisions |
Section 72(2), to the extent that it relates to the provision of Schedule 14 specified in this Schedule | Auditors |
Part VIII | Amalgamations, transfers of engagements and conversion of friendly societies into companies |
Section 95, to the extent that it relates to any provision of Schedule 16 specified in this Schedule | Amendments of Friendly Societies Act 1974 |
Schedule 120(2), to the extent that it relates to any provision of Part I of Schedule 22 referred to in this Schedule | Repeals |
In Schedule 14, paragraph 7(4) | Power to make regulations concerning cases in which auditors need not be a member of a recognised supervisory body |
Scheule 15 | Amalgamations, transfers of engagements and conversion: supplementary |
In Schedule 16, paragraphs 29, 31 and 33 | Amendments of Friendly Socieites Act 1974 |
So much of Part I of Schedule 22 as is specified in the Appendix to this Schedule | Repeals |
Chapter | Short Title | Extent of repeal |
|---|---|---|
13 & 14 Geo. 5 c.8. | Industrial Assurance Act 1923. | Section 36. |
Section 38. | ||
Friendly Societies Act 1974. | In section 82, subsection (4) and, in subsection (5), the words “to a company under the Companies Acts”. | |
In Schedule 9, paragraph 5. |
SCHEDULE 4PROVISIONS OF THE 1992 ACT COMING INTO FORCE ON 13TH SEPTEMBER 1993
(1) | (2) | (3) |
|---|---|---|
Provisions of the Act | Subject matter of provisions | Purposes |
Section 48, subsections (1), (2), section (6) and (7) | Margins of solvency in relation to insurance business of certain societies | Powers to make regulations for the purposes of the section |
Section 71, subsections (1) and (2) | Report on a friendly society’s affairs by the committee of management | Powers to make regulations for the purposes of the section |
SCHEDULE 5PROVISIONS OF THE 1992 ACT COMING INTO FORCE FOR ALL REMAINING PURPOSES ON 1ST JANUARY
(1) | (2) |
|---|---|
Provisions of the Act | Subject matter of provisions |
Part III, to the extent not already in force | Management and administration of friendly societies |
Section 32(7) | Continuation in effect of existing authorisation of friendly societies |
Section 44, to the extent not already in force | Appointment of actuary by societies with long term business |
Section 46, to the extent not already in force | Annual investigation into condition of certain societies |
Section 47 | Triennial investigations into condition of certain societies |
Section 48 | Margins of solvency in relation to insurance business of certain societies |
Section 49, to the extent not already in force | Failure to maintain prescribed margin of solvency |
Section 55 | Supervision of group insurance business |
Part VI, to the extent not already in force except for section 72(2) to the extent that it relates to any provision of paragraph 7 of Schedule 14 not yet in force | Accounts and audit |
Section 98, to the extent that it relates to any provision of Schedule 18 specified in this Schedule | Financial services |
Section 120(2), to the extent that it relates to any provision of Part I of Schedule 22 referred to in this Schedule | Repeals |
Schedule 11, to the extent not already in force | Committee of management: supplementary |
Schedule 12, to the extent not already in force | Meetings and resolutions |
Schedule 14, to the extent not already in force except for paragraph 7(1) to (3) and (5) to (7) | Auditors: appointment, tenure, qualifications and remuneration |
Schedule 18, except paragraph 13 | Amendments of the Financial Services Act 1986 |
So much of Part I of Schedule 22 as is specified in the Appendix to this Schedule | Repeals |
Chapter | Short title | Extent of repeal |
|---|---|---|
13 and 14 Geo. 5 c.8. | Industrial Assurance Act 1923. | In section 8, subsections (2) and (4) |
Section 15. | ||
Section 16. | ||
In section 18, in subsection (1), the words “In the case of a collecting society or industrial assurance company,” , paragraph (c), in paragraph (d), the words “society or” (twice), in paragraph (f), the words “society or” (three times) and in paragraph (g) the words “collecting society or” and the words from “the”, in the second place where it occurs in that paragraph, to “or”, in the second place where it so occurs, and in subsection (3) the words “in the case of a collectingsociety or industrial assurance company”, the words “society or” and the words from “award” to “a company,”. | ||
In section 19, in subsection (1), the words “collecting society and”, in subsection (2), the words “society or” (twice), subsection (3)(b) and the word “or” immediately preceding it. | ||
Section 35. | ||
12 Geo. 6 c.39. | Industrial Assurance and Friendly Societies Act 1948 | Section 13(3). |
Financial Services Act 1986. | In section 139, subsection (3) and (4) and in subsection (5) the words “and section 77 of the said Act of 1974” and “and section 65 of the Friendly Societies Act (Northern Ireland) 1970”. | |
In section 207(1), the definition of “registered friendly society”. | ||
In Schedule 11, in paragraph 1, in the definition beginning “a member society” the words from “and for the purposes” onwards, in paragraph 26, in sub-paragraph (1), the figure “(1)”, and sub-paragraph (3), paragraph 27, in paragraph 38(1)(a) the word “registered” and paragraph 43. | ||
In Schedule 15, in paragraph 14(1) the word “registered” and in paragraph 14(3), the words “registered”, “or as the case may be, the Friendly Societies Act (Northern Ireland) 1970”, “or as the case may be, section 70 of the said Act of 1970” and “or, as the case may be, section 75 of the said Act of 1970.” |
SCHEDULE 6PROVISIONS OF THE 1992 ACT COMING INTO FORCE GENERALLY ON 1ST JANUARY 1994
(1) | (2) |
|---|---|
Provisions of the Act | Subject matter of provisions |
Section 93, subsections (5) to (15) | Alteration of rules of societies registered under the Friendly Societies Act 1974 |
Section 95, to the extent that it relates to any provision of Schedule 16 specified in this Schedule | Amendments of the Friendly Societies Act 1974 |
Section 100, to the extent that it relates to any provision of Part I of Schedule 19 specified in this Schedule | Industrial assurance |
Section 120(2), to the extent that it relates to any provision of Partof Schedule 22 referred to in this Schedule | Repeals |
In Schedule 14, paragraph 7, to the extent not already in force | Cases in which auditor need not be a member of a recognised supervisory body |
In Schedule 16, paragraphs 4(b), 8, 9, 11, 12, 15, 17, 18(1)(a), 22, 23, 43 and 51 | Amendments of the Friendly Societies Act 1974 |
In Part I of Schedule 19, paragraphs 5(1)(c), 5(2)(b) and 7 | Amendments of the Industrial Act 1923 |
So much of Part I of Schedule 22 as is specified in the Appendix to this Schedule | Repeals |
Chapter | Short title | Extent of repeal |
|---|---|---|
3 & 4 Vict., c.110. | Loan Societies Act 1840. | In section 27, the words “and shall be laid down by him before both Houses of Parliament”. |
59 & 60 Vict., c.25. | Friendly Societies Act 1896. | Section 64 to 67, so far as unrepealed. |
13 & 14 Geo. 5 c.8. | Industrial Assurance Act 1923. | Section 20(1)(b). |
Section 31. | ||
Section 44. | ||
Section 45(2). | ||
19 & 20 Geo. 5 c.28 | Industrial Assurance and Friendly Societies Act 1929. | The whole Act, so far as unrepealed. |
12 Geo. 6 c.39. | Industrial Assurance and Friendly Societies Act 1948 | Section 1. |
Section 4. | ||
In section 23(1), at the end of paragraph (c) the word “and”. | ||
Schedule 2. | ||
In Schedule 3, in paragraph (b), the entry relating to subsections (2), (4) and (5) of section 2 and paragraphs (c) and (d). | ||
4 & 5 Eliz. 2 c.19. | Friendly Societies Act 1955. | Section 3(2). |
6 & 7 Eliz. 2 c.27. | Industrial Assurance Act 1948 (Amendment) Act 1958. | The whole Act. |
Friendly Societies Act 1974. | Section 9(2) and (3). | |
Sections 27 and 28. | ||
In section 30(5), paragraph (a) and the words “paragraph (a) or” | ||
In section 46, subsection (1)(a) and (b) and subsection (3). | ||
Section 53(3). | ||
In section 107(1), the words “national insurance and”. | ||
Schedule 1. | ||
In Schedule 2, in paragraph 3(1) the words “the fines” and “fines” and in paragraph 14 the words from “by consent” onwards. | ||
Schedule 3. | ||
In Schedule 9, paragraphs 2, 6, 8 and 10(1). | ||
Banking Act 1987. | In section 84(1), in the Table, in the entry beginning “The Chief Registrar of Friendly Societies”, the words “the Registrar of Friendly Societies for Northern Ireland” and the words “or under the Financial Services Act 1986”. | |
Income and Corporation Taxes Act 1988. | In section 461(9), the words “or section 81 of the Friendly Societies Act (Northern Ireland) 1970”. In section 466(2), the definition of “registrar”. In Schedule 15, in paragraph 4(3)(b) the words from “or paragraph” to “1970”. | |
In Schedule 29, paragraph 11. | ||
Companies Act 1989. | In section 87(4), in the Table, in the entry beginning “The Chief Registrar of friendly societies”, the words “the Registrar of Friendly Societies for Northern Ireland” and the words “the Financial Services Act 1986 or”. |
(This note is not part of the Order)
(This note is not part of the Order)
Provisions | Date of Commencement | S.I. No. |
|---|---|---|
Sections 1 to 4, Schedule 1, sections 116 to 119, sections 121 to 123 and section 126. | 8.6.92 | |
Section 84, section 120 (partially) and Schedule 21 (partially). | 1.1.93 | |
Sections 27 to 30 (partially), sections 31 to 43 (partially), sections 44 to 57 (partially), sections 58 to 61, sections 62 to 67 (partially), sections 68 to 79 (partially), sections 80 to 83 (except section 82(5)), section 95 (partially), section 100 (partially), section 114, section 120(2) (partially), Schedules 11 to 13 (partially), Schedule 14 (except paragraph 7) (partially), Schedule 16 (partially), Schedule 19 (partially) and Schedule 22 (partially). | 13.1.93 | |
Sections 5 to 26, subsections (1) to (4) of section 93,section 94, section 95 (partially), section 98 (partially), section 99, section 100 (partially), sections 101 to 113, section 115, section 120 (partially), section 125, Schedule 2, Schedule 3 (except paragraph 9(2)), Schedules 4 to 10, Schedule 16 (partially), Schedule 18 (partially), Schedule 19 (partially), Schedule 20, Schedule 21 (partially) and Schedule 22 (partially). | 3.2.93 | |
Section 120(2) (partially) andSchedule 22 (partially). | 3.2.93 | |
Section 51 to 54 and section 56, section 57, sections 62 to 64, sections 65 to 67, sections 98 (partially), section 100 (partially), Schedule 16 (partially), Schedule 18 (partially), Schedule 19 (partially) and Schedule 22 (partially). | 28.4.93 |