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SCHEDULES

SCHEDULE 10Application of Companies Winding Up Legislation to Incorporated Friendly Societies

Part IIIModified Application of Insolvency (Northern Ireland) Order 1989

Penal provisions

63Articles 180 and 181 of the Order (restriction on re-use of name) do not apply.

64(1)Articles 182 and 183 (prosecution of delinquent officers) of the Order do not apply in relation to offences committed by members of an incorporated friendly society acting in that capacity.

(2)Articles 182(4) and 183(1) and (2) of the Order do not apply.

(3)The references in paragraph (3) and (5) of Article 183 of the Order to the Department shall have effect as references to the Commission; and the reference in paragraph (3) to Article 182 of the Order shall have effect as a reference to that Article as supplemented by paragraph 65 below.

65(1)Where a report is made to the prosecuting authority (within the meaning of Article 182) under Article 182(5) of the Order, in relation to an officer of an incorporated friendly society, he may, if he thinks fit, refer the matter to the Commission for further enquiry.

(2)On such a reference to it the Commission shall exercise its power under section 65(1) above to appoint one or more investigators to investigate and report on the matter.

(3)An answer given by a person to a question put to him in exercise of the powers conferred by section 65 above on a person so appointed may be used in evidence against the person giving it.