Industrial Assurance and Friendly Societies Act 1948 (Repealed)

SCHEDULES

Section 2.

FIRST SCHEDULE E+W+S Death Certificates in connection with payments referred to in Subsection (2) of Section Two

1 A . . . F1 industrial assurance company shall not, by virtue of or in connection with any relevant insurance of money to be paid on the death of a parent or grandparent of the person by whom the insurance was taken out, pay to that person on the death any sum not excluded for the purposes of subsection (2) of section two of this Act by the proviso thereto, except upon production of a certificate of the death for the purposes of this Schedule stated therein to be issued to the person to whom the payment is made, unless the death occurred outside Great Britain.

Textual Amendments

F1 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

2 On so making payment of any such sum the . . . F2 company shall cause to be indorsed on the certificate a statement showing—

(a) the name of the . . . F2 company;

(b) the amount of any such sum paid; and

(c) the date of the contract for the insurance;

and on receiving any repayment of a sum so paid by virtue of or in connection with an insurance effected in exercise of the power conferred by subsection (1) of section two of this Act the . . . F2 company shall cause to be indorsed on the certificate a statement showing the repayment.

Textual Amendments

F2 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

3 Where such a society or company is charged with a contravention of subsection (2) of section two of this Act in respect of the payment by the . . . F3 company of a sum which exceeded the limit of [F4 thirty pounds] imposed by paragraph (b) or (c) of that subsection in consequence of the addition as thereby required of another sum paid by another [F5 company or by a registered friendly society], or of two or more other sums so paid, and which would not have exceeded that limit apart from such addition, it shall be a defence for the . . . F3 company charged to prove—

(a) that the sum in respect of which they are charged was paid in accordance with paragraph 1 of this Schedule; and

(b) that the certificate produced disclosed no payment by any other [F5 company or by a registered friendly society] of any sum or sums required by the said paragraph (b) or (c) to be added, or disclosed such payment but only to an amount insufficient to cause the sum in respect of which they are charged to exceed the said limit;

subject however in the case of a certificate which is a duplicate to the provisions of paragraph 6 of this Schedule.

Textual Amendments

F3 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F4 Words substituted by Industrial Assurance and Friendly Societies Act 1948 (Amendment) Act 1958 (c. 27), s. 1(1)

F5 Words substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 14(a)

[F6 4 The provisions of paragraphs 4, 5, 8, 9 and 10 of Schedule 5 to the Friendly Societies Act 1974 shall apply in relation to certificates of death for the purposes of this Schedule and the issue of duplicate thereof.]

Textual Amendments

F6 Sch. 1 para. 4 substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 14(b)

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

5

Textual Amendments

F7 Ss. 3, 15, 16(1)(5), 17(1), 18(1), Sch.1 paras.5, 7–9, Sch.4 repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

6 On production to a . . . F8 company of a duplicate which records a requirement for an indorsement made by them to be repeated [F9 in accordance with regulations under paragraph 5 of Schedule 5 to the M1 Friendly Societies Act 1974, the company] shall cause the duplicate to be indorsed accordingly, and paragraph 3 of this Schedule shall not apply in the case of a certificate which is a duplicate whereon such a requirement is recorded unless the duplicate has been indorsed by the society or company in question.

Textual Amendments

F8 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F9 Words substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 14(c)

Marginal Citations

M1 1974 c. 46.

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

7—9.

Textual Amendments

F10 Ss. 3, 15, 16(1)(5), 17(1), 18(1), Sch.1 paras.5, 7–9, Sch.4 repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

Section 4.

SECOND SCHEDULE E+W+S Amendments consequential on sections one to three

Modifications etc. (not altering text)

C1 The text of Schedule 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specifed, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Enactment to be amended	Amendment	Provisions of this Act on which amendment is consequential
. . . F11	. . . F11	. . . F11
The Industrial Assurance Act, 1923 (13 & 14 Geo. 5. c. 8.):—
Section three	At the beginning add “Subject to the provisions of sections one and twoof the Industrial Assurance and Friendly Societies Act, 1948”.	Section one. Section two.
Section twenty, subsection (1).	At the expiration of one year from the day appointed for thecominginto operation of section twenty-two of the National InsuranceAct, 1946, substitute for paragraph (b) the following paragraph— “(b)where the policy assures a payment of money on the death of aparent or grandparent and is effected in exercise of the powerconferred by subsection (1)of section two of the Industrial Assuranceand Friendly Societies Act, 1948; or”.
The Industrial Assurance and Friendly Societies Act, 1929 (19 & 20Geo. 5. c. 28):—
Section one, subsection (1).	At the beginning add “Subject to the provisions of sections one and twoof the Industrial Assurance and Friendly Societies Act 1948”.	Section one. Section two.

Textual Amendments

F11 Entries relating to the Friendly Societies Act 1896 repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

Section 12.

THIRD SCHEDULE E+W+S Matters to be set out in Premium Receipt Books

The matters to be set out in premium receipt books under section twelve of this Act are the following, that is to say—

(a)

As to the following provisions of the Act of 1923, either those provisions (as amended by this Act in the case of a provision which is amended thereby), or, as to any of them as to which the Commissioner consents to the substitution of a statement which in his opinion sufficiently sets forth the effect thereof, such a statement—

(b)

As to the following provisions of this Act and of regulations, either those provisions, or, as to any of them as to which the Commissioner consents to the substitution of a statement which in his opinion sufficiently sets forth the effect thereof, such a statement—

Subsections (2), (4) and (5) of section 2 [F12 (in the case of industrial assurance companies only)]	Insurances on life of parent or grandparent: limit on amount, and prohibition of assignment or charge.
Section 8 and regulations made for the purposes thereof.	Premium receipt books.
Section 9	Restriction of liability on policies on ground of health.
Subsections (1) and (2) of section 10 (in the case of collecting societies only).	Obligations as to delivery of policies, and of copies of rules and amendments thereof.

(c)

[F13 In the case of industrial assurance companies only] as to the following provisions of the Act of 1896 and of this Act, a statement which in the opinion of the Commissioner sufficiently sets forth the effect thereof—

Subsections (1) and (2) of section 6 of this Act and section 62 of the Act of 1896 taken together.	Payments on deaths of children under ten years of age.
The First Schedule to this Act.	Death certificates in connection with payments referred to in section 2(2) of this Act.

(d)

[F14 In the case of collecting societies only, as to the following provisions of the Friendly Societies Act 1974, a statement which in the opinion of the Commissioner sufficiently sets forth the effect thereof—

Section 71(1) to (4) and Schedule 6 paragraph 3	Payments on deaths of children under 10 years of age.
Sections 72 and 73(2)	Insurances on life of parent or grandparent; limit on amount and prohibition of assignment or charge.
Schedule 5	Death certificates in connection with payments referred to in section 72 of that Act.]

Textual Amendments

F12 Words inserted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 15(a)

F13 Words inserted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 15(b)

F14 Sch. 3 para. (d) inserted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 15(b)

FOURTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Ss. 3, 15, 16(1)(5), 17(1), 18(1), Sch.1 paras.5, 7–9, Sch.4 repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

FIFTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 S. 18(2), Sch. 5 repealed by Friendly Societies Act 1955 (4 & 5 Eliz. 2 c. 19), s. 5(2)

SIXTH SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Ss. 10(4), 11(4), 12(1)(4), 17(2), 19(1)—(4), 21, 22, 25(5), Sch. 6 repealed by Companies Act 1967 (c. 81), Sch. 7