Office of Public Sector Information

• and, in the application of this section to Northern Ireland, the reference in paragraph (a) to a petty sessions area shall be construed as a reference to a county court division and paragraph (b) shall be omitted.”

45 Section 106 shall cease to have effect.

46 In section 107, after subsection (2) there shall be inserted the following subsection—

“(2A) In the application of this section to Northern Ireland, references to the Secretary of State shall be construed as references to the Department of Health and Social Services for Northern Ireland.”

47 In section 110(2), after the word “Act” there shall be inserted the words “or the 1992 Act”.

48 In section 111(1)—

(a) in the definition of “collecting society” at the end there shall be added the words “or the Industrial Assurance (Northern Ireland) Order 1979”;

(b) after that definition there shall be inserted the following definition—

““Commission” means the Friendly Societies Commission;”;

(c) in the definition of “the Companies Acts” after “1985” there shall be inserted the words “or, in Northern Ireland, the Companies (Northern Ireland) Order 1986”;

(d) in the definition of “Gazette”, after paragraph (b) there shall be inserted the following paragraph—

“(c) the Belfast Gazette if the registered office of the society or branch is in Northern Ireland”;

(e) after the definition of “signed” there shall be inserted the following definition—

““the 1992 Act” means the Friendly Societies Act 1992”.

49 Section 115 shall cease to have effect.

50 In section 117(3), after the words “extends to” there shall be inserted the words “Northern Ireland,”.

51 (1) In paragraph 3 of Schedule 2—

(a) in sub-paragraph (1), for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraphs (2) and (3)” and the words “the fines and” and “or fine” shall be omitted;

(b) after sub-paragraph (2) there shall be inserted the following sub-paragraph—

“(3) Nothing in sub-paragraph (1) above shall prevent a registered friendly society from specifying in its rules the manner in which the conditions under which any member may become entitled to any benefit assured by the society are to be determined, instead of specifying the conditions themselves.”

(2) Paragraphs 7, 12 and 15 of that Schedule shall cease to have effect in relation to registered friendly societies.

52 After Schedule 6 there shall be inserted the following Schedule—

“SCHEDULE 6A CONVERSION OF REGISTERED SOCIETIES INTO INDUSTRIAL AND PROVIDENT SOCIETIES: SUPPLEMENTARY

1 This Schedule has effect in relation to any registered society (“the society”) which is registered under the Industrial and Provident Societies Act 1965 and, in this Schedule, “registration” means registration under that Act.

2 (1) On the registration of the society any appointment as trustee of the society or any branch of it shall determine.

(2) All officers of the society other than its trustees shall upon its registration become officers of the industrial and provident society holding corresponding offices in that society.

3 Any agreement made, transaction effected or other thing done by, to or in relation to the society or any branch of it (whether registered or not) which is in force or effective immediately before its registration shall have effect as if made, effected or done by, to or in relation to the industrial and provident society, in all respects, as if the industrial and provident society were the same person as the society or branch and accordingly references to the society or branch—

(a) in any agreement (whether or not in writing) and in any deed, bond or instrument;

(b) in any process or other document issued, prepared or employed for the purposes of any proceeding before any court or other tribunal or authority; and

(c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of the registered society or branch,

shall be taken as referring to the industrial and provident society.

4 (1) Any agreement made by the society or any branch of it which is in force immediately before the society’s registration shall have effect as if—

(a) for references to members of the society or branch there were substituted references to members of the industrial and provident society;

(b) for references to officers of the society or branch other than its trustees there were substituted references to the corresponding officers of the industrial and provident society; and

(c) for references to the trustees of the registered society or branch there were substituted references to the industrial and provident society.

(2) References in sub-paragraph (1) above to an agreement include references to a deed, bond or other instrument.

(3) It is hereby declared for the avoidance of doubt that—

(a) the effect of section 84A of this Act in relation to any contract of employment with the society or any of its branches in force immediately before the society’s registration is merely to modify the contract by substituting the industrial and provident society as the employer (and not to terminate the contract or vary it in any other way); and

(b) that section is effective to vest the rights and liabilities of the society or branch under any agreement or arrangement for the payment of pensions, allowances or gratuities in the industrial and provident society along with all other rights and liabilities of the society or branch;

and accordingly any period of employment with the society or branch shall count for all purposes as a period of employment with the industrial and provident society.”