(1)Subject to subsection (2) below, if upon an investigation under section 65 of the 1992 Act it appears to the [F2appropriate authority]—
(a)that the funds of a registered friendly society or of a registered branch of such a society are insufficient to meet the existing claims on them, or
(b)that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured to be given by the society or branch,
the [F2appropriate authority] may, if it considers it expedient to do so, award that the society or branch be dissolved and its affairs wound up; and where such an award is made the [F2appropriate authority] shall direct in what manner the assets of the society or branch shall be divided or appropriated.
[F3(1A) The PRA must consult the FCA before making an award or a direction under subsection (1). ]
(2)Where the [F4appropriate authority] makes an award under this section, it may suspend the operation thereof for such period as it may deem necessary to enable the society or branch to make such alterations and adjustments of contributions and benefits as will in its judgment prevent the necessity of the award of dissolution coming into operation; and where within that period the alterations and adjustments are made, the [F4appropriate authority] may cancel the award.
F5( 3 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Within twenty-one days after the making of an award under this section, the [F6appropriate authority] shall cause notice of the award to be advertised in the Gazette and in some newspaper in general circulation in the neighbourhood of the registered office of the society or branch; and unless—
(a)within three months from the date on which that advertisement appears, a member or other person interested or having any claim on the funds of the society or branch commences proceedings to set aside the dissolution of the society or branch consequent upon the award, and
(b)the dissolution is set aside accordingly,
the society or branch shall be legally dissolved from the date of the advertisement.
(5)The expenses of every award, and of advertising every notice, under this section shall be paid out of the funds of the society or branch before any other appropriation thereof is made.]
Textual Amendments
F1S. 95A inserted (28.4.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 39 (with ss. 7(5) and 93(4)); S.I. 1993/1186, art. 2, Sch. 3.
F2Words in s. 95A(1) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 19(2) (with Sch. 12)
F3S. 95A(1A) inserted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 19(3) (with Sch. 12)
F4Words in s. 95A(2) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 19(2) (with Sch. 12)
F5S. 95A(3) repealed (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1)(2), Sch. 3 Pt. I para. 40(b), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F6Words in s. 95A(4) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 19(2) (with Sch. 12)
Modifications etc. (not altering text)
C1S. 95A applied (24.5.1993) by S.I. 1993/1187, reg. 3.