The Industrial and Provident Societies (Northern Ireland) Order 2005

Power to modify statutory provisions relating to industrial and provident societies

10.—(1) If, on any modification of the statutory provisions in force in Northern Ireland relating to companies, it appears to the Department to be expedient to modify the relevant statutory provisions for the purpose of assimilating the law relating to companies and the law relating to industrial and provident societies, the Department may, by order, make such modifications of the relevant statutory provisions as it thinks appropriate for that purpose.

(2) The “relevant statutory provisions” are the provisions of the Industrial and Provident Societies Acts (Northern Ireland) 1969 and 1976 as for the time being in force except the following provisions of the principal Act—

(a) section 1 (societies which may be registered);

(b) section 9(1) (amendments of registered rules);

(c) sections 15 to 17 (cancellation, suspension or refusal of registration of society or rules);

(d) sections 22 to 26 (nominations, provision for intestacy, payment in respect of mentally incapable persons and validity of payments);

(e) sections 59 to 63 (amalgamation, transfer of engagements and conversions);

(f) section 64(b) (dissolution of registered society by instrument);

(g) section 65 (power of registrar to petition for winding up);

(h) section 67 (instrument of dissolution); and

(i) section 68 (restriction on dissolution or cancellation of registration of society).

(3) The power conferred by paragraph (1) includes power to modify the relevant statutory provisions so as to—

(a) confer power to make orders, regulations, rules or other subordinate legislation;

(b) create criminal offences; or

(c) provide for the charging of fees but not any charge in the nature of taxation.

(4) An order under this Article may—

(a) make consequential amendments of or repeals in the provisions listed in paragraph (2); or

(b) make such transitional or saving provisions as appears to the Department to be necessary or expedient.

(5) No order shall be made under this Article unless a draft of it has been laid before and approved by a resolution of the Assembly.

(6) In this Article “modification” includes any additions and, as regards modifications of the statutory provisions relating to companies, any modification effected by any statutory provision coming into operation after the making of this Order.