Search Legislation

Friendly Societies Act 1974

Status:

This is the original version (as it was originally enacted).

Schedule 1Purposes for which Friendly Societies may provide

The following are the purposes referred to in section 7(1)(a) of this Act, that is to say,—

(1)the relief or maintenance of the members of the society, their husbands, wives, children (including step-children), fathers, mothers, brothers, sisters, nephews, nieces, or wards being orphans, during sickness or other infirmity, whether bodily or mental, or at any age after fifty or in widowhood, or for the relief or maintenance of the orphan children (including step-children) of members during minority or at any later time whilst they are receiving full-time education ;

(2)insuring money to be paid—

(a)on the birth of a member's child, or

(b)on the death of a member, or

(c)to a member on the death of the member's husband or wife, or

(d)to a member on the death of a parent (including a stepfather or stepmother) or grandparent of his in any case where, subject to the provisions of any Order in Council under section 7 of the Industrial Assurance and Friendly Societies Act 1948 (which confers power to extend the application of this paragraph and of certain provisions of that Act originally limited to persons resident in Great Britain), the death in question is that of a person who, at the time of the proposal, is ordinarily resident in the United Kingdom or the Isle of Man, or

(e)with respect to persons of the Jewish persuasion, during the period of confined mourning ;

(3)the relief or maintenance of the members of the society when out of employment, or when in distressed circumstances, or in case of shipwreck, or in case of loss or damage of or to boats or nets ;

(4)the endowment of members of the society or nominees of members at any age or on marriage;

(5)insuring money to be paid to a member of the society on the duration for a specified period of his life or the life of the husband or wife of the member, either with or without provision for the payment of money in the event of his or her death before the expiry of that period;

(6)insuring against fire, to any amount not exceeding £15, the tools or implements of the trade or calling of the members of the society ; or

(7)guaranteeing the performance of their duties by officers and servants of the society or any branch thereof.

Schedule 2Matters to be provided for by the Rules of Societies registered under this Act

Part IProvisions Applicable to all Societies

1The name of the society.

2The place which is to be the registered office of the society, to which all communications and notices may be addressed.

3(1)Subject to sub-paragraph (2) below, the whole of the objects for which the society is to be established, the purposes for Which the funds thereof shall be applicable, the terms of admission of members, the conditions under which any member may become entitled to any benefit assured by the society, and the fines and forfeitures to be imposed on any member and the consequences of non-payment of any subscription or fine.

(2)Nothing in sub-paragraph (1) above shall require the inclusion in the rules of a registered society of tables relating to the benefits payable to or in respect of any members of the society in pursuance of approved group insurance business, as defined in section 65 of this Act.

4The mode of holding meetings and right of voting, and the manner of making, altering or rescinding rules.

5The appointment and removal of a committee of management (by whatever name), of a treasurer and other officers and of trustees and, in the case of a society with branches, the composition and powers of the central body and the conditions under which a branch may secede from the society.

6The investment of the funds, the keeping of the accounts and the audit of the accounts at least once a year.

7Annual returns to the registrar relating to the affairs and numbers of members of the society.

8The inspection of the books of the society by every person having an interest in the funds of the society.

9The manner in which disputes shall be settled.

10In the case of dividing societies, a provision for meeting all claims upon the society existing at the time of division before any such division takes place.

11(1)For the avoidance of doubt it is hereby declared that nothing in paragraph 3 above requires the rules of a society to contain tables in accordance with which obligations to provide benefits to members have been undertaken or policies of assurance have been issued by the society, if the rules of -the society provide that no further obligations may be undertaken or (as the case may be) no further policies may be issued in accordance with any such tables.

(2)Subject to sub-paragraph (1) above and sub-paragraph (3) below, the tables which the rules of a registered society are required to contain by virtue of paragraph 3 above and any tables contained in the rules of a branch shall, in the case of a society or branch which proposes to carry on long-term business within the meaning of the Insurance Companies Act 1974, be tables which, in so far as they relate to that business, have been certified by a qualified actuary.

(3)Sub-paragraph (2) above does not apply—

(a)to a society first registered before 26th July 1968, nor

(b)to a branch of such a society, nor

(c)to a society formed by the amalgamation of two or more such societies.

Part IIProvisions Applicable to Friendly Societies and Cattle Insurance Societies

12The keeping of proper accounts in accordance with section 29 of this Act and the keeping of a separate account of the expenses of management and of all contributions and other moneys which may be applied to those expenses.

13Except with respect to cattle insurance societies, such periodic valuation or valuations (if any) of the assets and liabilities of the society as a whole, or of the assets and liabilities of the society in respect of any particular business or businesses conducted by the society, as may from time to time be required by law in the case of that society.

14The voluntary dissolution of the society by consent of three-quarters in number of the members.

15The right of one-fifth of the total number of members, or of 100 members in the case of a society of not less than 1,000 members and not more than 10,000, or of 500 members in the case of a society of more than 10,000 members, to apply to the Chief Registrar or, in the case of societies registered and doing business exclusively in Scotland, to the assistant registrar for Scotland, for an investigation of the affairs of the society or for winding it up.

Schedule 3Forms of Bond for Officers of Registered Societies and Branches

Form applicable in the central registration area

Know all men by these presents, that we, A.B. of _____________________________ ___________________, one of the officers of the _____________________________ Society [or of the ___________________________________________ branch of the ______________________________________Society] having its registered office at _____________________________ , _________________________, in the county of and C.D. of _________________________________________(as surety on behalf of the said A.B.), are jointly and severally held and firmly bound to E.F. of ________________________________ , G.H. of _____________________ ____________________ , and I.K. of ______________________________________ the trustees of the said society [or branch], in the sum of to _____________________ be paid to the said E.F., G.H. and I.K., as such trustees or their successors, trustees for the time being, or their certain attorney; for which payment well and truly to be made we jointly and severally bind ourselves, and each of us by himself our and each of our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the ________________________day of ______________ in the year of our Lord ________________ . Whereas the above-bounden A.B. has been duly appointed to the office of ____________________of the ________________________________Society [or of the___________________ branch of the _____________________________Society] having its registered office situate as aforesaid, and he, together with the above-bounden CD. as his surety, have entered into the above-written bond, subject to the condition herein-after contained: Now therefore the condition of the above-written bond is such, that if the said A.B. do render a just and true account of all moneys received and paid by him on account of the said society [or branch], at such times as the rules thereof appoint, and do pay over all the moneys remaining in his hands, and assign and transfer or deliver all property (including books and papers) belonging to the said society [or branch] in his hands or custody to such person or persons as the said society [or branch], or the trustees or committee of management thereof, shall appoint, according to the rules of the said society [or branch], together with the proper and legal receipts or vouchers for such payments, then the above-written bond shall be void, otherwise shall remain in full force. Sealed and delivered in the presence of _____________________________________ _____________________________________________________________________ [two witnesses.]

Form applicable in Scotland

I, A.B. of ___________________________________, hereby bind and oblige myself, to the extent of £ _______________________________at most, as cautioner for CD., a person employed by the ____________________________________Society [or the _________________________________branch of the _________________________ Society], that he, the said CD., shall on demand faithfully and truly account for all moneys received and paid to him for behoof of the said society [or branch], and also assign and transfer or deliver all property (including books and papers) belonging to the said society [or branch] in his hands or custody, and that to such person or persons as the said society [or branch], or the trustees thereof shall appoint, according to the rules of the said society [or branch]. Dated at _______________________this ______________________________day of ______________________________________Signature of Cautioner. ______________________________ E.F. of witness. ______________________________ G.H. of witness. The above bond shall not require a testing clause or subscription clause, and may be wholly printed, or partly written and partly printed.

Schedule 4Form of Receipt to be Endorsed on Mortgage or Further Charge

The trustees of the ...................................................... Society [or the ..............................................branch of the ............................. ...............................Society] hereby acknowledge to have received all moneys intended to be secured by the within [or above] written deed. ___________________________________________ Signed [Signatures of Trustees] Trustees ____________________________________ Countersigned [Signature of Secretary] Secretary

Schedule 5Death Certificates in connection with Payments referred to in Section 72

1A registered friendly society or a branch of such a society 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 72 of this Act by subsection (3)(a) thereof, except upon production of a certificate of 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.

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

(a)the name of the society or branch ;

(b)the amount of any such sum paid ;

(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 paragraph (2)(d) of Schedule 1 to this Act, the society or branch shall cause to be endorsed on the certificate a statement showing the repayment.

3Where a registered friendly society or a branch of such a society is charged with a contravention of subsection (2) of section 72 of this Act, in respect of the payment by the society or branch of a sum which exceeded the limit of £30 imposed by paragraph (b) or paragraph (c) of that subsection in consequence of the addition, as thereby required, of another sum paid by virtue of or in connection with any other relevant insurance, or of two or more other sums so paid, and which would not have exceeded that limit apart from that addition, it shall be a defence for the society or branch charged to prove—

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

(b)that the certificate produced disclosed no payment by any other registered society or branch or by a company of any sum or sums required by paragraph (b) or paragraph (c) of section 72(2) of this Act to be added, or disclosed such a payment but only to an amount insufficient to cause the sum in respect of which they are charged to exceed that limit;

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

4Certificates of death for the purposes of this Schedule and of Schedule 1 to the Industrial Assurance and Friendly Societies Act 1948 (which makes provision corresponding to this Schedule but in relation to industrial assurance companies), 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 of that 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 of Schedule 1 to the Industrial Assurance and Friendly Societies Act 1948 and the regulations shall provide for securing that, except as mentioned in sub-paragraph (2) below, more than one certificate of the same death for the purposes of this Schedule and of that Schedule shall not be issued to the same person.

(2)Regulations under this paragraph shall provide for the issue to a person to whom a certificate of a death for the purposes of this Schedule and of Schedule 1 to the Industrial Assurance and Friendly Societies Act 1948 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 endorsement has been made on that certificate, and if so, by what registered society or branch or company ; and

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

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

6On production to a registered society or branch of a duplicate which records a requirement for an endorsement made by the society or branch to be repeated as mentioned in paragraph 5 above, the society or branch shall cause the duplicate to be endorsed accordingly, and paragraph 3 above shall not apply in the case of a certificate which is a duplicate whereon such a requirement is recorded unless the duplicate has been endorsed by the society or branch or company in question.

7Any collecting society or branch thereof which contravenes or fails to comply with any of the provisions of this Schedule shall be guilty of an offence under the Industrial Assurance Act 1923.

8The fee payable on the issue of a certificate of death for the purposes of this Schedule and of Schedule 1 to the Industrial Assurance and Friendly Societies Act 1948 is 15p.

9The Statutory Instruments Act 1946 shall apply to a statutory instrument containing regulations made for the purposes of this Schedule and of Schedule 1 to the Industrial Assurance and Friendly Societies Act 1948 in the same manner as if it had been made by a Minister of the Crown.

10(1)In the application of this Schedule to Scotland, " Registrar-General " means the Registrar General of Births, Deaths and Marriages for Scotland.

(2)Subsections (4) and (5) of section 72 of this Act shall apply in relation to this Schedule as they apply in relation to that section.

Schedule 6Provisions Applicable Where Person Assured is Resident Outside the United Kingdom and Isle of Man

1(1)Notwithstanding anything in Schedule 1 to this Act, a society is a friendly society for the purposes of this Act (and may be registered as such) if it is a society for the purpose of providing by voluntary subscriptions of the members thereof, with or without the aid of donations, for insuring money to be paid for the funeral expenses of any of the persons mentioned in sub-paragraph (2) below, where, subject to the provisions of any Order in Council under section 7 of the Industrial Assurance and Friendly Societies Act 1948, at the time of the proposal the person in question is ordinarily resident outside the United Kingdom and the Isle of Man.

(2)The persons referred to in sub-paragraph (1) above are the husband, wife or child of a member or the widow of a deceased member.

2(1)Notwithstanding anything in Schedule 1 to this Act and subject to section 72 of this Act and sub-paragraph (3) below, among the purposes for which a registered friendly society may issue policies of insurance shall be included insuring money to be paid to a member on the duration for a specified period of the life of any of the persons mentioned in sub-paragraph (2) below where, subject to the provisions of any Order in Council under section 7 of the Industrial Assurance and Friendly Societies Act 1948, the life in question is that of a person who at the time of the proposal is ordinarily resident outside the United Kingdom and the Isle of Man ; and such a policy may include provision for the payment of money in the event of the death of that person before the expiration of the specified period.

(2)The persons referred to in sub-paragraph (1) above are a parent, child, grandparent, grandchild, brother or sister of the member in question.

(3)No such society shall insure or pay on the death of any person under such a policy any sum of money exceeding a reasonable amount for funeral expenses.

(4)The issuing of such policies by a collecting society shall, unless the premiums in respect thereof are payable at intervals of two months or more, be treated as part of the industrial assurance business of the society.

(5)This paragraph and so much of paragraph 4 below as relates to this paragraph shall in their application to collecting societies be construed as one with the Industrial Assurance Acts 1923 to 1968.

3A registered friendly society or branch thereof shall not in pursuance of paragraph 1 or 2 above insure or pay on the death of a child under the ages hereinafter specified any sum of money which exceeds or which, when added to any amount payable on the death of that child by any other such society or branch or by any trade union or industrial assurance company, exceeds the amounts hereinafter specified, that is to say—

(a)in the case of a child under 3 years of age, £6 ;

(b)in the case of a child under 6 years of age, £10 ;

(c)in the case of a child under 10 years of age, £15.

4(1)For the purpose of calculating the maximum sum which may be insured or paid under paragraph 2 or 3 above no account shall be taken of any repayment of the whole or any part of the premiums paid in respect of any endowment policy, or in respect of a policy or other contract insuring money to be paid on marriage, and paragraphs 5, 6 and 7 below shall not apply as respects any such repayment.

(2)In this paragraph " endowment policy " has the same meaning as in section 75 of this Act.

5(1)Notwithstanding anything in section 70 of this Act, a registered friendly society or branch shall not in pursuance of paragraph 1 or 2 above pay any sum on the death of a child under 10 years of age except upon production by the person claiming payment of a certificate of death issued by the registrar of deaths, or other person having the care of the register of deaths, in accordance with the following provisions of this paragraph.

(2)Where application is made for a certificate of the death of a child for the purpose of sub-paragraph (1) above, the name of the society or branch and the sum sought to be obtained therefrom shall be stated to the registrar of deaths.

(3)The registrar shall write on or at the foot of the certificate the words " to be produced to the ________________________ society or branch (naming it) said to be liable for payment of the sum of £ ________ (stating the amount)".

(4)All certificates of the same death given for the purpose of sub-paragraph (1) above shall be numbered in consecutive order.

6(1)A registrar of deaths shall not give for the purpose of paragraph 5(1) above any one or more certificates of death for the payment in the whole of any sum of money exceeding £6 on the death of a child under 3 years, £10 on the death of a child under 6 years or £15 on the death of a child under 10 years.

(2)A registrar of deaths shall not grant any such certificate for the said purpose unless the cause of death has been previously entered in the register of deaths on the certificate of a coroner or of a registered medical practitioner who attended the child during its last illness, or except upon the production of a certificate of the probable cause of death under the hand of a registered medical practitioner or of other satisfactory evidence thereof.

7A registered friendly society or branch to which is produced for the purpose of paragraph 5(1) above a certificate of the death of a child which does not purport to be the first shall, before paying any money thereon, inquire whether any and what sums of money have been paid on the same death by any other society or branch.

8Nothing in this Schedule respecting payments on the death of children shall apply to insurances on the lives of children of any age, where the person insuring has an interest in the life of the person insured.

9Section 7 of the Industrial Assurance and Friendly Societies Act 1948 (which confers power by Order in Council to provide for extending the application of certain provisions of that Act originally limited to persons resident in Great Britain and for consequential amendment of provisions of that Act) shall have effect as if section 74 of this Act and paragraphs 1 and 2 above were provisions of that Act and for the consequential amendment of which provision may accordingly be made by Order in Council under that section.

Schedule 7Provisions of Section 107 of this Act to have effect until Coming Into Force of Certain Provisions of the Social Security Act 1973

107(1)Subject to any exceptions or conditions prescribed by regulations of the Secretary of State, the Secretary of State shall at the request of any person claiming benefit from a registered friendly society or branch provide the society or branch for the purposes of the claim with a copy or abstract of any medical certificate relating to that person and supplied by him to the Secretary of State for purposes of the Insurance Acts. In this section " the Insurance Acts " means the National Insurance Acts 1965 to 1974 and the National Insurance (Industrial Injuries) Acts 1965 to 1974.

(2)Where the Secretary of State furnishes a registered friendly society or branch, in connection with a claim for benefit from the society or branch, with information relating to a claim or award under the Insurance Acts, the expenses incurred in connection therewith by the Secretary of State or any other government department shall be treated as expenses in carrying into effect either the National Insurance Act 1965 or the National Insurance (Industrial Injuries) Act 1965, as the Secretary of State thinks appropriate.

Schedule 8Women's Auxiliary Services

1Member of Queen Alexandra's Royal Naval Nursing Corps, or any reserve thereof.

2Member of the Women's Royal Naval Service.

3Woman medical or dental practitioner serving in the Royal Navy or any naval reserve.

4Member of Queen Alexandra's Royal Army Nursing Corps, or any reserve thereof.

5Member of the Women's Royal Army Corps.

6Women employed with the Royal Army Medical Corps, or the Army Dental Corps with relative rank as an officer.

7Member of Princess Mary's Royal Air Force Nursing Service or any reserve thereof.

8Member of the Women's Royal Air Force.

9Women employed with the Medical Branch or Dental Branch of the Royal Air Force with relative rank as an officer.

Schedule 9Amendments of Other Enactments

The Friendly Societies Act 1896 (c. 25)

1In section 22(2) of the Friendly Societies Act 1896 for the words " This section " there shall be substituted the words

Section 52 of the Friendly Societies Act 1974.

The Industrial Assurance Act 1923 (c. 8)

2In section 3 of the Industrial Assurance Act 1923, after the word " provisions " there shall be inserted the words

of sections 72 and 73 of the Friendly Societies Act 1974 as they apply to collecting societies and.

3In section 8 of the said Act—

(a)in subsection (2)(b), for the words "except where section 10(2) of the Friendly Societies Act 1971 applies" there shall be substituted the words

subject to subsection (4) of this section; and

(b)at the end thereof there shall be added the following subsection:—

(4)Nothing in paragraph (a) of subsection (2) of this section shall require the inclusion in the rules of a collecting society of tables relating to policies issued in pursuance of approved group insurance business, within the meaning of section 65 of the Friendly Societies Act 1974, conducted by the society..

4In section 20(1)(b) of the said Act, after the word " conferred " there shall be inserted the words

on collecting societies by paragraph 2(d) of Schedule 1 to the Friendly Societies Act 1974 and on industrial assurance companies.

5In section 36 of the said Act—

(a)in subsection (1), for the words from the beginning to " application" there shall be substituted the words

Sections 82 and 83 of the Friendly Societies Act 1974 in their application, and after the word " modifications " there shall be inserted the words—

(i)subsections (3) and (5) of section 82 shall be omitted ; and;

(b)in subsection (2), for the words " The said sections " there shall be substituted the words

Sections 82 and 83 of that Act,

for the words " subsection (3) of the said section 1 " there shall be substituted the words

subsection (2) of the said section 82and the words from "and section seventy-one " to the end of the subsection shall be omitted.

The Industrial Assurance and Friendly Societies Act 1948 (c. 39)

6In section 1 of the Industrial Assurance and Friendly Societies Act 1948, for the words " registered friendly societies " there shall be substituted the words

collecting societies.

7In section 2(5) of the said Act, after the words " 1929 " there shall be inserted the words

or by any registered friendly society in exercise of any power conferred by paragraph (2)(d) of Schedule 1 to the Friendly Societies Act 1974 or paragraph 2 of Schedule 6 to that Act.

8In section 7 of the said Act, after the words "section six thereof" there shall be inserted the words

and section 71 of, and paragraph (2)(d) of Schedule 1 to, the Friendly Societies Act 1974.

9In section 10 of the said Act, in subsection (1) as originally enacted, for the words " one shilling " there shall be substituted the words

ten pence.

10(1)In section 11(1) of the said Act—

(a)for the words from " Subsections (2) " to " this Act'', where next occurring, there shall be substituted the words

Sections 72 and 73(2) of the Friendly Societies Act 1974;

(b)for the words " the First Schedule to this Act", in both places where they occur, there shall be substituted the words

Schedule 5 to the said Act of 1974; and

(c)for the words " section two (2) of this Act" there shall be substituted the words

section 72(1) of the said Act of 1974.

(2)In section 11(2) of the said Act, after the words "this Act" there shall be inserted the words

and of the said Act of 1974.

11In section 12(2) of the said Act, the words "A collecting society and " shall be omitted and at the end of the subsection there shall be inserted the words

and a collecting society shall cause to be set out, in every premium receipt book provided by them after the coming into operation of the Friendly Societies Act 1974 for use in respect of policies of industrial assurance, the matters specified in that Schedule relating to the provisions mentioned in that Schedule of the Act of 1923, of this Act, of the said Act of 1974 and of regulations made for the purposes of the said section 8.

12In section 16(4) of the said Act, for the words " Act of 1896 " there shall be substituted the words

Friendly Societies Act 1974.

13In section 23(1)(a) of the said Act, for the words " section eight of the Act of 1896 " there shall be substituted the words

Schedule 1 to the Friendly Societies Act 1974,

and after the words "that Act" there shall be inserted the words

or the Friendly Societies .Act 1896.

14In Schedule 1 to the said Act—

(a)in paragraph 3, for the words "such society or company" and the words in sub-paragraph (b) " society or company "there shall be substituted the words

company or by a registered friendly society;

(b)for paragraph 4 there shall be substituted the following paragraph—

4The 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 duplicates thereof; and

(c)in paragraph 6 for the words " as mentioned in the last preceding paragraph, the society or company " there shall be substituted the words

in accordance with regulations under paragraph 5 of Schedule 5 to the Friendly Societies Act 1974, the company.

15In Schedule 3 to the said Act—

(a)in paragraph (b), after the words " section 2 " there shall be inserted the words

(in the case of industrial assurance companies only);

(b)in paragraph (c), at the beginning there shall be inserted the words

In the case of industrial assurance companies only, and at the end there shall be inserted the following paragraph—

(d)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 3Payments 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 5Death certificates in connection with payments referred to in section 72 of that Act.

The Friendly Societies Act 1955 (4 & 5 Eliz. 2. c. 19)

16In section 9 of the Friendly Societies Act 1955, in subsections (1) and (2) as originally enacted, and in the provision substituted for the said subsection (2) by paragraph 17 of Schedule 27 to the Social Security Act 1973, for the words

friendly society

and " society ", in each place where they occur, there shall be substituted the words

trade union, and subsection (3) shall be omitted.

The Mental Health (Scotland) Act 1960 (c. 61)

17In section 92 of the Mental Health (Scotland) Act 1960, at the end of subsection (5), there shall be added the words

and of Schedule 5 to the Friendly Societies Act 1974.

The Industrial and Provident Societies Act 1965 (c. 12)

18In section 11 of the Industrial and Provident Societies Act 1965—

(a)in subsection (1), for the words " section 8(1) of the Societies (Miscellaneous Provisions) Act 1940" there shall be substituted the words

section 47(1) of the Friendly Societies Act 1974;

(b)in subsection (2), for the words " said Act of 1940 " there shall be substituted the words

Societies (Miscellaneous Provisions) Act 1940.

The Administration of Estates (Small Payments) Act 1965 (c. 32)

19In section 5(1) of the Administration of Estates (Small Payments) Act 1965, after the words " of this Act" there shall be inserted the words

or to section 66(1) and (2), 67 or 68 of the Friendly Societies Act 1974.

20In section 6 of the said Act of 1965—

(a)in subsection (1), in paragraph (b) the word "and", where first occurring, shall be omitted, after the words

Parliamentary and other Pensions Act 1972

there shall be inserted the words

and section 68 of the Friendly Societies Act 1974and after paragraph (d) there shall be inserted the words " ; and

(e)sections 66 and 67 of the said Act of 1974 (which contain provisions similar to the enactments to which section 2 of this Act relates but subject to a limit of £500) " ;

(b)in subsection (2), at the end thereof there shall be inserted the words

and that any such order made by virtue of subsection (1)(e) of this section shall apply in relation to any nomination delivered at or sent to the appropriate office, or made in the appropriate book, after the expiration of a period of one month beginning with the date on which the order comes into force.

The Public Expenditure and Receipts Act 1968 (c. 14)

21In Schedule 3 to the Public Expenditure and Receipts Act 1968, in column 1, in paragraph 1(b) for the words "The Friendly, Societies Act 1896 (c.25) section 97 " there shall be substituted the words

The Friendly Societies Act 1974 (c. 46) section 106 and Schedule 5, paragraph 8and the words " The Industrial Assurance and Friendly Societies Act 1948 (c.39) Schedule 1, paragraph 7" shall be omitted.

The Friendly and Industrial and Provident Societies Act 1968 (c. 55)

22In section 17(2) of the Friendly and Industrial and Provident Societies Act 1968, for the words from " an actuary " to the end of the subsection there shall be substituted the words

a qualified actuary within the meaning of the Friendly Societies Act 1974..

The Income and Corporation Taxes Act 1970 (c. 10)

23In section 337 of the Income and Corporation Taxes Act 1970—

(a)in subsection (2) for the words " section 8(1)(b) or (d) or (dd) of the Friendly Societies Act 1896 " there shall be substituted the words

any of paragraphs (2), (4) and (5) of Schedule 1 to the Friendly Societies Act 1974,

and for the words " section 8(1)(a) of the Friendly Societies Act 1896" there shall be substituted the words

paragraph (1) of the said Schedule 1;

(b)in subsection (5)(b), for the words " 1896 " there shall be substituted the words

1974

and for the words " that Act or provision as it applies" there shall be substituted the words

the corresponding enactment or provision for the time being in force.

Schedule 10Transitory Provisions and Savings

1In so far as any regulation, order, application, nomination or reference made, registration effected, acknowledgement issued, notice, report or other document given or sent or other thing done, under or by virtue of an enactment repealed by this Act could have been made, effected, issued, given, sent or done under or by virtue of the corresponding provision of this Act, it shall not be invalidated by the repeal effected by section 116(4) of this Act but shall have effect as if made, effected, issued, given, sent or done under or by virtue of that corresponding provision.

2Without prejudice to section 116(1) of, and Schedule 9 to, this Act, where any enactment or document refers, either expressly or by implication, to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

3Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

4A conviction of an offence under an enactment repealed by this Act shall be treated for the purposes of this Act as a conviction of an offence under the corresponding provision of this Act.

5If the rules of a registered society in force at the commencement of this Act were in force on 1st January 1909 and provide for the admission as members of persons from the minimum age authorised by the Friendly Societies Act 1896. the rules shall be construed as providing for the admission as members of persons from birth.

6(1)Any endowment policy issued before 1st January 1924 which would have been in force on that date if the Industrial Assurance and Friendly Societies Act 1929 had been in operation on and from the date on which the policy was issued shall be deemed for the purposes of section 75 of this Act to have been in force on 1st January 1924 and, in the case of a policy of the description mentioned in paragraph 2 of Schedule 6 to this Act, to have been issued in accordance with section 1 of the said Act of 1929, and as respects any endowment policy in force on, or issued since, 1st January 1924 and before 10th May 1929, the said Act of 1929 shall be deemed to have been in operation on and from the date on which the policy was issued. In this sub-paragraph " endowment policy " and " policy " have the same meanings respectively as in section 75 of this Act.

(2)This paragraph in its application to collecting societies shall be construed as one with the Industrial Assurance Acts 1923 to 1968.

7If, immediately before the passing of this Act—

(a)the Friendly Societies Act 1896 applied to any society or branch by virtue only of subsection (1) of section 101 of that Act, or

(b)any provision of the rules of a friendly society or branch was valid by virtue only of subsection (2) of that section,

then, on and after the commencement of this Act, this Act shall apply to that society or branch or, as the case may require, that provision of the rules of the friendly society or branch shall continue to be valid, notwithstanding any provision of this Act to the contrary.

8The repeal by this Act of section 2(1) of the Friendly Societies Act 1896 shall not affect the construction of any reference in any enactment passed before that Act to the barrister appointed to certify the rules of savings banks.

9The repeal by this Act of the Friendly Societies Act 1896 shall not affect the operation of section 132(5) of the Building Societies Act 1962 (which preserved the power to make regulations under that Act for certain purposes and certain regulations thereunder).

10The repeal by this Act of sections 103 and 104 of the Friendly Societies Act 1896 shall not extend to those sections as they apply by virtue of section 45(3) of the Industrial Assurance Act 1923 or section 108 of the Companies Act 1967.

11Until such time as a form for the purposes is prescribed by regulations under section 109 of this Act, for the purpose of each of the acknowledgements specified in Parts I and II of Schedule 2 to the Friendly Societies Act 1896 the appropriate form set out in those Parts of that Schedule shall be used.

12Nothing in section 66 or section 67 of this Act shall affect the total amount payable by a registered society or branch in pursuance of a nomination which was before 5th September 1965 delivered at or sent to the registered office of the society of branch or made in a book kept at that office, and in the case of any such nomination, the said amount shall continue to be limited to £100, or, where section 5(1) of the Friendly Societies Act 1955 applied in relation to the nomination, £200.

13Nothing in this Act shall prejudice any insurance effected before the passing of this Act in exercise of the powers conferred on registered friendly societies and branches, before the coming into force of section 1 of the Industrial Assurance and Friendly Societies Act 1948, by section 8(1)(b) of the Friendly Societies Act 1896 or section 1 of the Industrial Assurance and Friendly Societies Act 1929.

14Nothing in this Act shall affect the continued operation, in relation to registered societies and branches, of the following provisions (which relate to the making, within limited periods, of amendments in the rules of registered societies and branches consequential on the provisions of certain enactments) namely—

(a)section 15(2) of the Industrial Assurance and Friendly Societies Act 1948 ; and

(b)section 12 of the Friendly and Industrial and Provident Societies Act 1968.

Schedule 11Enactments Repealed

ChapterShort TitleExtent of Repeal
59 & 60 Vict. c. 25.The Friendly Societies Act 1896.

The whole Act except section 22 and except sections 62 and 64 to 67 as they apply to industrial assurance companies.

In section 22, subsection (1) and in subsection (3) the words " society or ".

61 & 62 Vict. c. 15.The Societies' Borrowing Powers Act 1898.The whole Act.
8 Edw.7.c.32.The Friendly Societies Act 1908.The whole Act.
5 & 6 Geo. 5. c. 93.The War Loan (Supplemental Provisions) Act 1915.In section 8, in subsection (1) the words " of any registered friendly society or any branch thereof, or" and the words " society " and " or branch " in each place where they subsequently occur; in subsections (2) and (3) the words " society " and " or branch ".
13 & 14 Geo. 5. c. 8.The Industrial Assurance Act 1923.

In section 4(2), the words " A collecting society or ".

In section 36, in subsection (2) the words from " and section seventy-one" to the end of the subsection.

14 & 15 Geo. 5. c. 11.The Friendly Societies Act 1924.The whole Act.
19 & 20 Geo. 5. c. 28.The Industrial Assurance and Friendly Societies Act 1929.

In section 1, in subsection (1) the words " registered friendly societies and", the words " member or " and the words " society or ", in subsection (2) , the words " a collecting society or" and the words " society or ", and subsection (3) .

In section 3, in subsection (1), the words from " and if any " to the end, in subsection (3), the words " a collecting society or" and the words from " and no " to the end, and subsection (4).

In section 5, in subsection (1), the words from " and this Act", where last occurring, to the end and in subsection (3) the words " to the Friendly Societies Act 1896 and", the words " collecting societies and" and the words from " and in its " to the end.

3 & 4 Geo. 6. c. 19.The Societies (Miscellaneous Provisions) Act 1940.Sections 8 to 10 and 12.
11&12Geo.6. c. 39.The Industrial Assurance and Friendly Societies Act 1948.

In section 1, the words " the Friendly Societies Act 1896 ", the words " the Act of 1896 " and paragraph (a).

In section 2, in subsection (1), the words " registered friendly societies and ", the words " to the member (in the case of such a society) or " and the words " (in the case of such a company)"; and in subsection (2) the words " society or ".

Section 3.

In section 4, the words " 1896 ".

In section 6, in subsection (1) the words "A society (whether registered or unregistered)" and in subsection (2), the words " both as it applies to societies and ".

Section 15.

In section 16, subsection (1), in subsection (2), the proviso, in subsection (4) the words "Any society not being a registered society and" and subsection (5).

Section 17. Section 18(1). Section 19.

In section 25, in subsection (2), the words from " and this Act" to the end, and in subsection (4) the words from " and in its application " to the end.

In Schedule 1, in paragraph 1 the words " registered friendly society or in paragraph 2 the words " society or " in each place where they occur; in paragraph 3 the words " society or" in the first two places where they occur and in the last place where they occur before sub-paragraph (a); paragraph 5; in paragraph 6 the words " society or " in the first place where they occur; paragraphs 7 to 9.

In Schedule 2, the entries relating to the Friendly Societies Act 1896.

Schedule 4.

4 & 5 Eliz. 2. c. 19.The Friendly Societies Act 1955.

Sections 1 and 2.

In section 3, subsections (1),

(4) and (5). Section 4.

In section 5, in subsection (1), paragraph (a), and subsection (2).

Section 8.

In section 9, subsection (3). Section 10.

In section 11, subsection (2) and in subsection (3), paragraph (a).

4 & 5 Eliz. 2. c.54.The Finance Act 1956.In section 26(2), the words " registered friendly society or " and the words " society or ".
6 & 7 Eliz. 2. c. 27.The Industrial Assurance and Friendly Societies Act, 1948 (Amendment) Act 1958.

In section 1, in subsection (1), the words " registered friendly society or ".

In section 3, in subsection (2), the words from " and this Act" to the end and in subsection (3) the words from " and, in its " to the end.

1965 c. 32.The Administration of Estates (Small Payments) Act 1965.

In Schedule 1, in Part I, the entry relating to the Friendly Societies Act 1896.

In Schedule 2, and in Schedule 3, the entry relating to the Friendly Societies Act 1896.

1966 c. 18.The Finance Act 1966.Section 29(4) and (9). In Schedule 8, Part II.
1967 c. 80.The Criminal Justice Act 1967.In Schedule 3, in Part I, the entry relating to section 89 of the Friendly Societies Act 1896.
1968 c. 14.The Public Expenditure and Receipts Act 1968.In Schedule 3, in paragraph 1(b), the words from "The Industrial " to " paragraph 7".
1968 c. 55.The Friendly and Industrial and Provident Societies Act 1968.

In section 3, in subsection (4) the words from " (a) in' to " other society", subsection (6) and in subsection (9) the words " under the Act of 1896 or ", the words " (as the case may be) " and the words " under either of those Acts".

In section 4, in subsection (2) the words " (not being a collecting society)"; subsection (3); in subsection (4) the words " or (3) "; in subsection (7)(b), the words from " of section 27 " to " may be "; and in subsection (8)(a) the words from " or for " to "section " and the words" or percentage ".

In section 7(2)(a) the words " under section 30 of the Act of 1896 or".

In section 9, subsection (8).

In section 11, in subsection (1) the words from " to the registrar " to " 1896 or ", the words "(as the case may be) ", paragraph (a) and the words from " and in section 27(2)(b)" to the end; in subsection (2) the words " either of"; in subsection (3) the words " under section 98(3) of the Act of 1896 or" and the words "(as the case may be)"; subsection (4); in subsection (5), the words " section 39(a) of the Act of 1896 or", the words "(as the case may be) and ", paragraph (b) and the words from "or on that" to the end; and subsections (6) to (8).

In section 12, in subsection (2)(b) the words "under section 13 of the Act of 1896

or"; and in subsection (3) the words " in section 13 of the Act of 1896 or" the words from " after the end " to " the registrar or" and the words " (as the case may be)". Section 16.

In section 17, in subsection (1), the words " in paragraph 2 of Schedule 1 to the Act of 1896 or", the words from " obligations to provide " to " been undertaken or " and the words from " no further obligations " to " may be) ", in subsection (2), the words from " by virtue " to " 1896 or " and subsection (4).

In section 20(1), the words from " and (b) " to the end.

In section 21, in subsection (1), in the definition of " annual return " the words from " in relation to", where those words first occur, to " that Act, and ", in the definition of " Scottish society", the words from " either" to " 1896 or" and the words " (as the case may be)", in the definition of " society " the words from " either" to " 1896 or" and in the definition of " year of account" paragraph (a); in subsection (2), paragraph (a) and the words " to an offence falling within section 89 of the Act of 1896 or " and the words " (as the case may require)".

In section 23, in subsection (2), the words from " this Act and" in the second place where they occur to the words " 1896 to 1968 "; and in subsection (4), paragraph (b) .

In Schedule 1, paragraphs 1 to 8.

Schedule 2.

In Schedule 3, in paragraph 2, sub-paragraphs (a), (b) and (c) , and paragraphs 5 and 6.

1969 c. 19.The Decimal Currency Act 1969.In section 7, subsections (1), (3) and (4).
1969 c. 39.The Age of Majority (Scotland) Act 1969.In Schedule 1 the entry relating to section 36 of the Friendly Societies Act 1896.
1969 c. 46.The Family Law Reform Act 1969.In Schedule 1 the entry relating to section 36 of the Friendly Societies Act 1896.
1970 c. 10.The Income and Corporation Taxes Act 1970.In Schedule 15, paragraph 3(2) and (3).
1971 c. 23.The Courts Act 1971.In Schedule 9, in Part I, the entry relating to the Friendly Societies Act 1896.
1971 c. 66.The Friendly Societies Act 1971.The whole Act except subsections (5) and (6) of section 11 and subsections (4) and (5) of section 15.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources