Citation and Commencement
1. These Regulations may be cited as the Friendly Societies (General Charge and Fees) Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2. In these Regulations—
“the 1974 Act” means the Friendly Societies Act 1974;
“the 1992 Act” means the Friendly Societies Act 1992;
“Accounting year” means the period of 12 months ending with 31st March;
“amalgamation” means an amalgamation under section 85 of the 1992 Act or under section 82 of the 1974 Act;
“the central office” has the meaning given in section 119 of the 1992 Act;
“the Chief Registrar” means the Chief Registrar of Friendly Societies;
“the Commission” means the Friendly Societies Commission;
“conversion” means conversion under section 91 of the 1992 Act or under section 84 of the 1974 Act;
“society” means a society registered under the 1974 Act or a society incorporated under the 1992 Act; and
“transfer of engagements” means a transfer of engagements under section 86 of the 1992 Act or under section 82 of the 1974 Act.
General charge in respect of the accounting year beginning 1st April 2001
3.—(1) A friendly society which on 1st April 2001 is a registered or incorporated society shall pay to the Commission, with respect to the accounting year beginning on that date, a sum determined in accordance with Schedule 1 to these Regulations using the value of the friendly society’s specified income for the year ended 31st December 2000 as determined in accordance with that Schedule.
(2) Where, after 31st December 2000 and before 1st April 2001, a friendly society has transferred its engagements to another friendly society, the transferee friendly society shall, in addition to any other sum payable by it under this regulation, pay, with respect to the accounting year beginning 1st April 2001, any sum which would have been payable by the transferor friendly society had it been subject to paragraph (1) above.
Payment of the general charge
4. Any sums payable under regulation 3 above by a friendly society shall be paid on or before 1st September 2001.
Fees in respect of particular functions of central office, Chief Registrar and Commission
5.—(1) Upon making an application of a nature specified in Schedule 2 to these Regulations, the person who makes that application shall pay the relevant fee specified in that Schedule in respect of the examination of the application by the central office, Chief Registrar or the Commission (as the case may be).
(2) Any sums payable under paragraph (1) above shall be paid, in respect of functions performed by the Chief Registrar or the central office, to the Chief Registrar and in respect of functions performed by the Commission, to the Commission.
(3) The fees specified at paragraphs 20 and 22 in Schedule 2 to these Regulations may be reduced by the Commission to the fees specified in paragraphs 21 and 23 of Schedule 2 in any case where an application is made to the Commission by any of the societies concerned in a proposed amalgamation or transfer of engagements, as the case may be, which is a society to which section 37(2) or (3) of the 1992 Act does not apply, to the effect that such a society would otherwise be deterred from proceeding with such amalgamation or transfer of engagements, if the fee specified at paragraph 20 or 22, as the case may be, were to apply.
(4) Where it is proposed to transfer the engagements of one friendly society to another, and the proposed transferee:
(i)applies to the Commission:
(a)for an extension of its authorisation under section 32 of the 1992 Act in order that, if the Commission confirms the transfer, it will be authorised to fulfil the engagements proposed to be transferred to it; and
(b)for a reduction of the fee specified at paragraph 3 of Schedule 2 to these Regulations;
and
(ii)certifies to the Commission that it does not intend to effect any insurance contracts or contracts for non-insurance benefits (as the case may be) pursuant to the extension of its authorisation;
the fee may be reduced by the Commission to that specified in paragraph 4 of Schedule 2.
Inspection and copying fees
6. Any person wishing to inspect or to be furnished with a copy of any document in the custody of the central office shall, upon making such request to inspect or to be furnished with a copy, as the case may be, pay to the Chief Registrar the relevant fee specified in Schedule 3 to these Regulations.
Revocation of regulations relating to the preceding accounting year
7. The Friendly Societies (General Charge and Fees) Regulations 2000(1) are hereby revoked.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2001