Industrial Assurance and Friendly Societies Act 1948

Section 2.

FIRST SCHEDULE Death Certificates in connection with payments referred to in Subsection (2) of Section Two.

1 A registered friendly society or 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.

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

(a) the name of the society or 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 society or company shall cause to be indorsed on the certificate a statement showing the repayment.

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 society or company of a sum which exceeded the limit of twenty pounds imposed by paragraph (b) or (c) of that subsection in consequence of the addition as thereby required of another sum paid by another such society or company, 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 society or 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 society or company 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.

4 Certificates of death for the purposes of this Schedule, and applications for the issue thereof, shall be in such form as may from time to time be specified by the Registrar General, including, in the case of such a certificate, a statement that it is issued for the purposes of this Schedule, and particulars of the name and address of the person to whom the certificate is issued, and of his relationship (whether child, grandchild or stepchild) to the deceased, as stated in the application.

5 (1) Regulations shall be made by the Registrar General by statutory instrument as to the issue of certificates for the purposes of this Schedule, and the regulations shall provide for securing that, except as mentioned in sub-paragraph (2) of this paragraph, more than one certificate for the purposes of this Schedule of the same death shall not be issued to the same person.

(2) The said regulations shall provide for the issue to a person to whom a certificate of a death for the purposes of this Schedule has been issued of a duplicate thereof in the event of the loss or destruction of the certificate which it replaces, subject to conditions for requiring—

(a) the making by that person of a statutory declaration stating that the certificate which the duplicate replaces has been lost or destroyed, and stating whether any indorsement had been made on that certificate, and, if so, by what society or company ;

(b) if it is so stated that an indorsement had been made on that certificate by any society or company, the recording on the duplicate of a requirement that it is to be produced to that society or company for having the indorsement repeated on the duplicate; and

(c) the surrender for destruction of the certificate which the duplicate replaces in the event of its being recovered.

6 On production to a society or company of a duplicate which records a requirement for an indorsement made by them to be repeated as mentioned in the last preceding paragraph, the society or 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.

7 The fee payable on the issue of a certificate of a death for the purposes of this Schedule shall be one shilling.

8 The [9 & 10 Geo. 6. c. 36.] Statutory Instruments Act, 1946, shall apply to a statutory instrument containing regulations made for the purposes of this Schedule in like manner as if it had been made by a Minister of the Crown.

9 In this Schedule the expression " Registrar General " means the Registrar General of births, deaths and marriages :

Provided that in the application of this Schedule to Scotland the said expression means the Registrar General of births, deaths and marriages in Scotland.