Friendly Societies Act 1974

111 Interpretation. U.K.

(1) In this Act, unless a contrary intention appears,—

• “amendment of rule” includes a new rule and a resolution rescinding a rule;

• “annual return” shall be construed in accordance with section 43 above;

• F1 ...

• [F2 “the appropriate authority” means—

  (a)

  in relation to a society which is a PRA -authorised person, the PRA; and

  (b)

  in relation to a society which is not a PRA -authorised person, the FCA;]

• “branch” means any number of the members of a society, under the control of a central body, having a separate fund administered by themselves or by a committee or officers appointed by themselves, and bound to contribute to a fund under the control of a central body;

• F3 ...

• F3 ...

• F3 ...

• “committee” means the committee of management or other directing body of a society or branch;

• F4 ...

• “exempt society” and “exempt branch” shall be construed in accordance with section 31(4) above;

• [F2 “the FCA” means the Financial Conduct Authority;]

• “Gazette”, in relation to a registered society or branch, means—

• (a)

  the London Gazette if the registered office of the society or branch is situated in [F5 England and Wales, the Channel Islands or the Isle of Man];

  (b)

  the Edinburgh Gazette if the registered office of the society or branch is situated in Scotland;

  (c)

  [F6 the Belfast Gazette if the registered office of the society or branch is in Northern Ireland]

• “land” includes any interest in land and, in Scotland, heritable subjects of whatever description;

• “meeting” includes, where the rules of a society or branch so allow, a meeting of delegates appointed by members;

• “officer” includes any trustee, treasurer, secretary, or member of the committee of management of a society or branch or any person appointed by the society or branch to sue and be sued on its behalf;

• “persons claiming through a member” includes the nominees of the member where nomination is allowed;

• [F2 “the PRA” means the Prudential Regulation Authority;]

• [F2 “PRA -authorised person” has the meaning in section 2B of the Financial Services and Markets Act 2000;]

• “property” extends to all property, whether real or personal, including books and papers and (in Scotland) to all heritable and moveable estate;

• “proposal”, in relation to an insurance, includes an application for an insurance;

• “qualified actuary” has the meaning assigned to it by section 9(3) above;

• “registered”, in relation to a society or branch, means registered under this Act or any other enactment (whether similar in extent to this Act or not) which at any time before the commencement of this Act made provision for registration similar to that made by this Act;

• “signed”, in relation to a body corporate means sealed; and

• [F7 “ the 1992 Act” means the Friendly Societies Act 1992]

• “Treasury regulations” means any regulations made F8 ... by the Treasury and in force under this Act.

(2) Any reference in this Act to a particular type of society shall be construed in accordance with section 7(1) above.

[F9 (3) Any reference in this Act to the seal of the [F10 FCA] is a reference to the seal provided for in regulations made under section 109(1)(b) (and not to the [F11 FCA ’s] common seal).]

(4) In this Act “year of account” in relation to a registered society or branch, means, with respect to the year in which it is first registered, the period beginning with the date of registration and ending with 31st December of that year and, in any other case, a period of twelve months ending with 31st December; and

(a) “the current year of account”, in relation to the appointment of an auditor or auditors, means the year of account in which the question of that appointment arises; and

(b) “the preceding year of account” means the year of account immediately preceding the current year of account.

(5) In the application of this Act to Scotland “heritable security” means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt, and of being recorded in the Register of Sasines.

F12 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Act.

Textual Amendments

F1 Definition in s. 111(1) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 25(a) (with Sch. 12)

F2 Definitions in s. 111(1) inserted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 25(b) (with Sch. 12)

F3 S. 111(1): definitions of “the central registration area”, “collecting society” and “Commission” repealed (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1)(2), Sch. 3 Pt. I para. 48(a)(ii), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F4 Definition in s. 111(1) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 29(4) (with art. 10)

F5 S. 111(1): words in para. (a) of definition of “Gazette” substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. I para. 48(a)(iii) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F6 Paragraph (c) in the definition of "Gazette" in s. 111(1) inserted (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 48(d) (with ss. 7(5) and 93(4)); S.I. 1993/3226, art. 2, Sch. 2.

F7 Definition in s. 111(1) inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 48(e) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.

F8 S. 111(1): words in definition of “Treasury regulations” repealed (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1)(2), Sch. 3 Pt. I para. 48(a)(iv), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F9 S. 111(3) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. I para. 48(b) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F10 Words in s. 111(3) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 2(1)(a)(2)(w) (with Sch. 12)

F11 Words in s. 111(3) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 5 para. 2(1)(b)(2)(w) (with Sch. 12)

F12 S. 111(6) repealed (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt. I (with ss. 7(5) and 93(4)); S.I. 1993/3226, art. 2, Sch. 2 appendix.