Industrial Assurance (Northern Ireland) Order 1979

Introductory N.I.

Title and commencement N.I.

1.—(1) This Order may be cited as the Industrial Assurance (Northern Ireland) Order 1979.

(2) Commencement

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] , exept sections 11(11), 32, 38 and 46(2), shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “collecting book” includes any book or document held by a collector in which payments of premiums are recorded;

• [F1 “collecting society” means an incorporated friendly society or registered friendly society[F2 which carried on industrial assurance business in Northern Ireland immediately before 1st December 2001, and is subject to an existing liability or a liability which may accrue under any policy effected in the course of that business]]

• “collector” includes every person howsoever remunerated who, by himself or by any deputy or substitute, makes house to house visits for the purpose of receiving premiums payable on policies of insurance on human life, or holds any interest in a collecting book, and includes such a deputy or substitute as aforesaid;

• [F1 “the Commission” means the Friendly Societies Commission;

• “friendly society” and “incorporated friendly society” have the same meanings as in the Friendly Societies Act 1992]

• Definition rep. by 1992 c. 40

• Definition rep. by SI 2001/3647

• “endowment policy” means a policy issued, or deemed under paragraph 5 of Schedule 9 to have been issued, in accordance with paragraph 1(1)( b) of Schedule 9, or a policy insuring money to be paid on the duration for a specified period of the life of the member or person assured, either with or without provision for the payment of money in the event of the death of that person before the expiration of the period;

• “exempted business” means any of the following assurances upon human life—

  (a)

  assurances effected by a collecting society or an industrial assurance company established before 7th November 1924 which, at that date, had no assurances outstanding the premiums on which were payable at intervals of less than one month, so long as the society or company[F2 did not effect any such assurances in the period between that date and 1st December 2001];

  (b)

  assurances effected before 7th November 1924, premiums in respect of which are payable at intervals of one month or more, and which had, up to 1st January 1925, been treated as part of the business transacted by a branch other than the industrial branch of the collecting society or industrial assurance company;

  (c)

  assurances for £25 or more effected after 6th November 1924, premiums in respect of which are payable at intervals of one month or more,[F2 and which were treated before 1st December 2001 as part of the business transacted by a branch other than the industrial branch of the collecting society or industrial assurance company, in cases where the relevant authority had certified before that day that the terms and conditions of such assurances were], on the whole, not less favourable to the assured than those imposed by this Order;

• [F1 “the Friendly Societies Act” means the Friendly Societies Act 1974]

• “industrial assurance business” has the meaning assigned to it by Article 3(1);

• [F1 “industrial assurance company” means a body corporate[F2 which carried on in Northern Ireland industrial assurance business immediately before 1st December 2001, and is subject to an existing liability or a liability which may accrue under any policy effected in the course of that business] other than an incorporated friendly society]

• Definition rep. by 1980 c. 25

• “owner” means—

  (a)

  in relation to any policy, the person who is for the time being the person entitled to receive the sums payable under the policy on maturity; and

  (b)

  in the case of an illegal policy or a policy not within the legal powers of the collecting society or industrial assurance company which issued it, the person who would be so entitled were the policy a legal policy or a policy within those powers;

• “parent” for the purposes of Article 16 and Schedules 2, 3 and 4, includes a stepfather and a stepmother;

• “policy”[F2 means a policy effected before 1st December 2001 and] includes any contract of assurance, and, for the purposes of Articles 23, 27(4) and (5) and 35(3) and paragraph 1(1)( b)(i) of Schedule 9, the date of the making of any such contract shall be deemed to be the date of the issue of the policy;

• “premium” includes contribution;

• “premium receipt book” includes any book or document held by the owner of a policy in which acknowledgements of receipts of premiums payable in respect of the policy are entered;

• “prescribed” shall be construed in accordance with Article 49(1)( a);

• “proposal”, in relation to an insurance, includes an application for an insurance, and “proposer” shall be construed accordingly;

• “registered friendly society”, inF1 . . . Schedule 9 paragraph 1, includes a society registered or deemed to be registered in Great Britain whose rules have been recorded in Northern Ireland;

• “Registrar” means the officer appointed under section 96(1) of the[F1 Friendly Societies Act (Northern Ireland) 1970] to perform in Northern Ireland the powers and duties of Registrar of Friendly Societies;

• [F3 “relevant insurer” means a person, whether incorporated or not, who carried on industrial assurance business before 1st December 2001;]

• “rules” in relation to a company, means the memorandum and articles of association of the company.

[F1 (2A) In paragraph (2) above, in the definition of “exempted business” , in paragraph (c) “certified” means—

(a) in relation to a time before Schedule 19 to the Friendly Societies Act 1992 came into force, certified by the Registrar in his capacity as Industrial Assurance Commissioner; and

(b) in relation to a time after the coming into force of that Schedule, certified by the Commission.]

(3) Expressions in this Order (other than those mentioned in paragraph (2)) have the same meanings as in the Friendly Societies Act.

(4) References in this Order to the recording of rules (of a friendly society registered or deemed to be registered in Great Britain) in Northern Ireland are to their being recorded under section 14 of the Friendly Societies Act 1896 [1896 c.25] or under regulations made under section 104 of the [F1 Friendly Societies Act (Northern Ireland) 1970.].

• Paras. (5), (6) rep. by 1987 NI 22

• Paras. (7), (8) rep. by SI 2001/3647

F1 1992 c. 40

F2 SI 2001/3647

F3 SI 2002/1555