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Industrial Assurance and Friendly Societies Act 1948

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This is the original version (as it was originally enacted).

FIRST SCHEDULEDeath Certificates in connection with payments referred to in Subsection (2) of Section Two

1A 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.

2On 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.

3Where 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.

4Certificates 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.

6On 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.

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

8The 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.

9In 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.

SECOND SCHEDULEAmendments consequential on sections one to three

Enactment to be amended.Amendment.Provisions of this Act on which amendment is consequential.
The Friendly Societies Act, 1896 (59 & 60 Vict. c. 25):—Section eight, subsection (1), paragraph (b).

After " on the death of a member " add

or of the husband or wife of a member, or (subject to the provisions of section two of the Industrial Assurance and Friendly Societies Act, 1948) of a parent or grandparent of a member.

Section two. Section three.

For ''or for the funeral expenses " substitute

or (subject to the provisions of section one of the Industrial Assurance and Friendly Societies Act, 1948) for the funeral expenses.

Section one.
Section eight, subsection (1).

After paragraph (d) insert the following paragraph—

" (dd) insuring money to be paid to the member on the duration for a specified period of the life of the member or 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 expiration of that period ; or ".

Section three.
The Industrial Assurance Act, 1923 (13 & 14 Geo. 5. c. 8) :—Section three

At the beginning add

Subject to the provisions of sections one and two of the Industrial Assurance and Friendly Societies Act, 1948.

Section one. Section two.
Section twenty, subsection (1).

At the expiration of one year from the day appointed for the coining into operation of section twenty-two of the National Insurance Act, 1946, substitute for paragraph (b) the following paragraph—

(b) where the policy assures a payment of money on the death of a parent or grandparent and is effected in exercise of the power conferred by subsection (1) of section two of the Industrial Assurance and Friendly Societies Act, 1948; or.

Section one. Section two.

The Industrial Assur-ance and Friendly Societies Act, 1929 (19 & 20 Geo. 5. c. 28) :—

Section one, sub-subsection (1).

At the beginning add

Subject to the provisions of sections one and two of the Industrial Assurance and Friendly Socie-ties Act, 1948.

Section one. Section two.

THIRD SCHEDULEMatters to be set out in Premium Receipt Books

The matters to be set out in premium receipt books under section twelve of this Act are the following, that is to say—

(a)As to the following provisions of the Act of 1923, either those provisions (as amended by this Act in the case of a provision which is amended thereby), or, as to any of them as to which the Commissioner consents to the substitution of a statement which in his opinion sufficiently sets forth the effect thereof, such a statement—

Subsection (4) of section 20.Provisions as to proposals for policies.
Section 22Return of policies and premium receipt books after inspection.
Section 23Notice before forfeiture.
Section 24Provisions as to forfeited policies.
Section 27Payment of claims.
Section 32Disputes.
Section 41Notices.

(b)As to the following provisions of this Act and of regulations, either those provisions, or, as to any of them as to which the Commissioner consents to the substitution of a statement which in his opinion sufficiently sets forth the effect thereof, such a statement—

Subsections (2), (4) and (5) of section 2.Insurances on life of parent or grandparent: limit on amount, and prohibition of assignment or charge.
Section 8 and regulations made for the purposes thereof.Premium receipt books.
Section 9Restriction of liability on policies on ground of health.
Subsections (1) and (2) of section 10 (in the case of collecting societies only).Obligations as to delivery of policies, and of copies of rules and amendments thereof.

(c)As to the following provisions of the Act of 1896 and of this Act, a statement which in the opinion of the Commissioner sufficiently sets forth the effect thereof—

Subsections (1) and (2) of section 6 of this Act and section 62 of the Act of 1896 taken together.Payments on deaths of children under ten years of age.
The First Schedule to this Act.Death certificates in connection with payments referred to in section 2 (2) of this Act.

FOURTH SCHEDULEWomen's Auxiliary Services

1Member of Queen Alexandra's Royal Naval Nursing Service 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 Imperial Military Nursing Service or any reserve thereof.

5Member of the Territorial Army Nursing Service or any reserve thereof.

6Member of the Auxiliary Territorial Service.

7Woman employed with the Royal Army Medical Corps or the Army Dental Corps with relative rank as an officer.

8Member of Princess Mary's Royal Air Force Nursing Service or any reserve thereof.

9Member of the Women's Auxiliary Air Force.

10Woman employed with the Medical Branch or the Dental Branch of the Royal Air Force with relative rank as an officer.

11Member of the Voluntary Aid Detachments employed under the Admiralty, Army Council or Air Council.

FIFTH SCHEDULESubstituted Enactments relating to sums paid without Probate or Letters of Administration

1For section fifty-nine of the Act of 1896 there shall be substituted the following section :—

59Before any sum is paid under this Act without probate or letters of administration on the death of any person entitled to make a nomination under this Act, the committee of the registered society or branch may require a statutory declaration by the claimant, or by one of the claimants, that the principal value of the estate of the deceased, including the sum in question, does not after deduction of debts and funeral expenses exceed one hundred pounds.

2For subsection (2) of section ten of the Provident Nominations and Small Intestacies Act, 1883, there shall be substituted the following subsection :—

(2)The directors may, before paying any sum under this Act without probate or letters of administration on the death of any person entitled to make a nomination under this Act or the Acts hereby amended, require a statutory declaration by the claimant, or by one of the claimants, that the principal value of the estate of the deceased, including the sum in question, does not after deduction of debts and funeral expenses exceed one hundred pounds.

3For subsection (1) of the section substituted by section six of the Industrial and Provident Societies (Amendment) Act, 1913, for section twenty-eight of the Industrial and Provident Societies Act, 1893, there shall be substituted the following subsection :—

(1)The committee of a registered society may, before transferring any property or paying any money under section twenty-five, twenty-six or twenty-seven of this Act without probate or letters of administration on the death of any member, require a statutory declaration by the claimant or one of the claimants that the principal value of the estate of the deceased member, including the property or money in question, does not after deduction of debts and funeral expenses exceed one hundred pounds.

SIXTH SCHEDULERepeals

Part IEnactments repealed from day appointed under s.19(4)(b)

Session and Chapter.Short Title.Extent of Repeal.
23 & 24 Vict. c. 137.The National Debt Commissioners (Investments) Act, i860.The whole Act so far as it relates to friendly societies.
40 & 41 Vict. c. 13.The Customs, Inland Revenue and Savings Banks Act, 1877.Section sixteen and subsection (3) of section seventeen.
45 & 46 Vict. c. 72.The Revenue, Friendly Societies and National Debt Act, 1882.Section twenty-one.
50 & 51 Vict. c. 16.The National Debt and Local Loans Act, 1887.Section five.
59 & 60 Vict. c. 25.The Friendly Societies Act, 1896.In section fifty-two, subsection (4) (so far as it relates to sections of the Trustee Savings Bank Act, 1863, other than sections twenty-six and twenty-seven thereof) and subsections (5), (7) and (8).
3 Edw. 7. c. 46The Revenue Act, 1903 ...Section sixteen, so far as it relates to drafts of a friendly society.
19 & 20 Geo. 5. c. 27.The Savings Banks Act, 1929.Section seventeen so far as it relates to friendly societies.

Part IIEnactments repealed from the passing of this Act or other date specified in this Part

Session and Chapter.Short Title.Extent of Repeal.
46 & 47 Vict. c. 47.The Provident Nominations and Small Intestacies Act, 1883.In section ten, in subsection (1), the words " or standing to the credit of any person in any society at his death", and the words " or otherwise ", where they occur for the second time.
56 & 57 Vict. c 39.The Industrial and Provident Societies Act, 1893.In section forty-nine, in subsection (2), the words " with the consent of the Treasury ".
59 & 60 Vict. c. 25.The Friendly Societies Act, 1896.

In section thirty, in subsection (1), the words " but the employment of those auditors and valuers shall not be compulsory".

Section forty-three.

In section forty-four, in subsection (1), paragraph (c).

In section fifty-two, subsections (1) to (3), subsection (4) (so far as it relates to sections twenty-six and twenty-seven of the Trustees Savings Banks Act, 1863), and subsections (6) and (9).

In section fifty-eight, in subsection (1), the words from " subject " to the end of the subsection. .

In section sixty-three, the words " to the parent of the child, or to the personal representative of the parent, and ", and the words " by the parent or his personal representative ".

In section sixty-eight, in subsection (3), the words " with the consent of the Treasury ".

13 & 14 Geo. 5. c. 8.The Industrial Assurance Act, 1923.

In section four, in subsection (2), the words from " except to the person " to " that person, nor", and the proviso.

Section nine.

As from the expiration of one year from the day appointed for the coming into operation of section twenty - two of the National Insurance Act, 1946, section twenty-one.

Section twenty-eight.

In section thirty-two, in subsection (1), the words " and the consent of the Treasury to his dealing therewith had been given ".

In the First Schedule, the references to sections nine and twenty-eight.

As from the expiration of one year from the day so appointed, the Third Schedule.

19 & 20 Geo. 5. c. 28.The Industrial Assurance and Friendly Societies Act, 1929.As from the expiration of one year from the day so appointed, in section three, in subsection (3), the words " every policy to which this section applies and" and the words " policy or ", and, in subsection (4), the words " policy or " and the words "or if any policy is issued in contravention of the said provisions ".
19 & 20 Geo. 5. c. 29.The Government Annuities Act, 1929.In section fifty-two, in subsection (2), the word "and" at the end of paragraph (g) and paragraph (h).

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