The Tribunals and Inquiries (Friendly Societies) Order 1993

Statutory Instruments

1993 No. 3258

TRIBUNALS AND INQUIRIES

The Tribunals and Inquiries (Friendly Societies) Order 1993

Made

17th December 1993

Laid before Parliament

5th January 1994

Coming into force

1st February 1994

The Lord Chancellor and the Lord Advocate, in exercise of the powers conferred on them by section 13(1) and (4) of the Tribunals and Inquiries Act 1992(1) hereby make the following Order:—

1.  This Order may be cited as the Tribunals and Inquiries (Friendly Societies) Order 1993 and shall come into force on 1st February 1994.

2.  The Tribunals and Inquiries Act (“the 1992 Act”) shall be amended as follows—

(a) in section 7(2), after “18,” there shall be inserted “21A,”;

(b) in section 8(2) after paragraph (b) there shall be inserted the words

“or

(c) regulations under section 60 of the Friendly Societies Act 1992(2) (regulations with respect to appeals under section 58 of that Act),”;

(c) in section 8(3)(b)—

(i) after “1987” there shall be inserted the words “or section 60 of the Friendly Societies Act 1992”; and

(ii) for the words “that section” there shall be substituted the words “either of those sections”.

3.  In Schedule 1 to the 1992 Act—

(a) after paragraph 21, there shall be inserted—

“Friendly Societies

21A.   An appeal tribunal constituted under section 59 of the Friendly Societies Act 1992.”;

(b) after paragraph 33, there shall be inserted—

“National Savings Bank and National Savings Stock Register

33B.   An adjudicator appointed under section 84 of the Friendly Societies Act 1992.”.

4.  This Order does not extend to Northern Ireland.

Mackay of Clashfern, C.

Dated 14th December 1993

Rodger of Earlsferry,

Lord Advocate

Dated 17th December 1993

Explanatory Note

(This note is not part of the Order)

This Order amends and adapts the Tribunals and Inquiries Act 1992 in relation to a tribunal constituted under section 59 and an adjudicator appointed under section 84 of the Friendly Societies Act 1992. The result is that—

(a) they are brought under the supervision of the Council on Tribunals;

(b) consultation is required with the Council on Tribunals before procedural rules or regulations under section 60 of the Friendly Societies Act 1992 (regulations with respect to appeals under section 58 of that Act) are made;

(c) where such regulations are made by the Lord Advocate, the Council must consult the Scottish Committee of the Council.

The Order makes the changes that were intended to be made by paragraphs 12 to 16 of Schedule 2 to the Friendly Societies Act 1992. However, as the Friendly Societies Act 1992 was passed before the Tribunal and Inquiries Act 1992 these provisions proved ineffective and have never been brought into force.

The Order does not extend to Northern Ireland.

(1)

1992 c. 53.

(2)

1992 c. 40.