Modifications etc. (not altering text)
C1Sch. 15: power to modify conferred (16.1.2009) by Building Societies (Funding) and Mutual Societies (Transfers) Act 2007 (c. 26), ss. 3, 6(2); S.I. 2009/36, art. 2
Textual Amendments
F1Words in Sch. 15 Pt. 2 heading substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(5) (with Sch. 12)
5(1)An application by a friendly society for confirmation by the [F2appropriate authority]—U.K.
(a)of an amalgamation under section 85 above,
(b)of a transfer of engagements of a friendly society under section 86 above, or
(c)of the conversion of a friendly society into a company under section 91 above,
shall be made in such manner as [F3the [F2appropriate authority] may direct].
(2)An application for confirmation of an amalgamation shall be made jointly by the friendly societies concerned.
[F4(3)The [F5appropriate authority] may, on the application or with the consent of a friendly society, direct in relation to any provision of regulations made for the purposes of sub-paragraph (1) above that the provisions shall not apply to the society, or shall apply to it with such modifications as may be specified in the direction.
F4(4)A direction under sub-paragraph (3) above may be subject to conditions.
F4(5)A direction under sub-paragraph (3) above may be revoked by the [F6appropriate authority] at any time; and the [F6appropriate authority] may at any time vary any such direction on the application or with the consent of the society to which it applies.
[F7(5A)The PRA must send the FCA a copy of any direction, variation or revocation it makes under this paragraph.]
F4(6)Where the [F8appropriate authority]—
(a)makes a direction under subsection (3) above, or
(b)revokes or varies such a direction,
[F9the FCA must] cause the direction, variation or revocation to be entered on a register kept by it for the purposes of this subsection.
F4(7)The register kept for the purposes of subsection (6) above shall be available for inspection on reasonable notice by members of the public.
F4(8)The [F10[F11FCA] shall keep] a copy of—
(a)any direction made F12... under subsection (3) above, and
(b)any revocation or variation of any such direction,
F13. . . in the public file of the society to which it relates.]
Textual Amendments
F2Words in Sch. 15 para. 5(1) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(a) (with Sch. 12)
F3Words in Sch. 15 para. 5(1) substituted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 128(e)(ii) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F4Sch. 15 para. 5(3)-(8) inserted (1.8.1996) by S.I. 1996/1188, art. 8
F5Words in Sch. 15 para. 5(3) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(a) (with Sch. 12)
F6Words in Sch. 15 para. 5(5) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(a) (with Sch. 12)
F7Sch. 15 para. 5(5A) inserted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(b) (with Sch. 12)
F8Words in Sch. 15 para. 5(6) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(c)(i) (with Sch. 12)
F9Words in Sch. 15 para. 5(6) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(c)(ii) (with Sch. 12)
F10Words in Sch. 15 para. 5(8) substituted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 128(g)(i) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F11Word in Sch. 15 para. 5(8) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(d)(i) (with Sch. 12)
F12Words in Sch. 15 para. 5(8) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(6)(d)(ii) (with Sch. 12)
F13Words in Sch. 15 para. 5(8) repealed (1.12.2001) by S.I. 2001/2617, arts. 2, 13(2), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
6(1)Where a friendly society applies for confirmation of an amalgamation, transfer or conversion, it shall publish a notice of the application—U.K.
(a)in one or more of the London Gazette, the Edinburgh Gazette or the Belfast Gazette, as the Commission directs, and,
(b)if it so directs, in one or more newspapers.
[F14(1A)Where an application for confirmation of a transfer is made by a friendly society to which section 37(2) or (3) above applies and F15. . .-
F16. . .as regards any policy included in the proposed transfer, [F17an EEA State] other than the United Kingdom is the State in which the risk or commitment is situated; F16. . .
F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ..the society shall also; if the [F19appropriate authority] so directs publish the notice in two national newspapers in that State.]
(2)The notice shall—
(a)state that any interested party has the right to make representations to the [F19appropriate authority] with respect to the application;
(b)specify a date determined by the [F19appropriate authority] before which any written representations or notice of a person’s intention to make oral representation must be received by the [F19appropriate authority]; and
(c)specify a date determined by the [F19appropriate authority] as the day on which it intends to hear any oral representations.
(3)Where a friendly society participating in a transfer is required under section 88 above to furnish an actuary’s report, the society shall publish a notice in the manner required by sub-paragraph (1) above—
(a)stating that such a report has been obtained;
[F20(b)stating–
(i)the addresses of the offices of the society, and
(ii)where the society is directed in accordance with sub–paragraph (1A) above to publish a notice of the application in two national newspapers in a State other than the United Kingdom, the address of such place in that State as the [F19appropriate authority] directs,
at which copies of the report shall be available for inspection for a period of not less than 21 days beginning with the date of the first publication of the notice; and]
containing such particulars of any other matter relating to the report which the [F19appropriate authority] requires in the case of the transfer in question;
and such a society may include the notice required by this sub-paragraph in the notice required by sub-paragraph (1) above.
Textual Amendments
F14Sch. 15 para.6(1A) inserted (1.9.1994) by S.I. 1994/1984, reg. 25, Sch. 4 para. 1(1)
F15Word in Sch. 15 Pt. II para. 6(1A) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F16Words in Sch. 15 Pt. II para. 6(1A)(a) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F17Words in Sch. 15 Pt. II para. 6 substituted (1.1.1998) by S.I. 1997/2849, reg. 3
F18Sch. 15 Pt. II para. 6(1A)(b) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch
F19Words in Sch. 15 para. 6 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(7) (with Sch. 12)
F20Sch. 15 para. 6(3)(b) substituted (1.9.1994) by S.I. 1994/1984, reg. 25, Sch. 4 para. 1(2)
7U.K.After the date specified in the notice in pursuance of paragraph 6(2)(b) above, the [F21appropriate authority] shall—
(a)determine the time and place at which oral representations may be made;
(b)give notice of that determination to the friendly society applying for confirmation and to any persons who have give notice of their intention to make oral representations; and
(c)send copies of any written representations received by the [F21appropriate authority] to that society;
and the [F21appropriate authority] shall allow that society an opportunity to comment on the written representations (whether at a hearing or in writing) before the expiration of such period as the [F21appropriate authority] specifies in a notice to the society.
Textual Amendments
F21Words in Sch. 15 para. 7 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(7) (with Sch. 12)
Textual Amendments
F22Words in Sch. 15 para. 8 cross-heading substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(8) (with Sch. 12)
8(1)Where an application is duly made for confirmation by the [F23appropriate authority] of an amalgamation, transfer of engagements or conversion, the [F23appropriate authority] shall confirm the amalgamation, transfer or conversion unless it is precluded from doing so by any of the following provisions of this Schedule.U.K.
(2)If it appears to the [F23appropriate authority], in relation to any amalgamation or transfer of engagements, that there is a substantial risk that the successor society or the person taking the transfer will not be able lawfully to carry out the engagements to be transferred to it under section 85(4) or 86(5) above, the [F23appropriate authority]—
(a)shall not confirm the amalgamation or transfer; and
(b)where it has confirmed the amalgamation or transfer, shall F24. . . withdraw its confirmation;
but it may not withdraw its confirmation on or after the transfer date for the amalgamation or transfer.
(3)For the purposes of sub-paragraph (2) above, the [F23appropriate authority] may have regard to any requirements of the law of a country or territory outside the United Kingdom which appear to the [F23appropriate authority] to be relevant.
Textual Amendments
F23Words in Sch. 15 paras. 8-10 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(9) (with Sch. 12)
F24Words in Sch. 15 para. 8(2)(b) repealed (1.12.2001) by S.I. 2001/2617, arts. 2, 13(2), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
9(1)Subject to sub-paragraph (3) below, the [F23appropriate authority] shall not confirm an amalgamation or transfer if it considers that—U.K.
(a)some information material to the members’ decision (including any decision on an affected members’ resolution under section 86 above) about the amalgamation or transfer was not made available to all the members eligible to vote;
(b)the vote on any resolution approving the amalgamation or transfer does not represent the views of the members eligible to vote; or
(c)some relevant requirement of this Act or the rules of any friendly society participating in the amalgamation or transfer was not fulfilled or not fulfilled as regards that society.
(2)Subject to sub-paragraph (3) below, the [F23appropriate authority] shall not confirm the conversion of a society if it considers that—
(a)some information material to the members’ decision about the conversion was not made available to all the members eligible to vote;
(b)the vote on any resolution approving the conversion does not represent the views of the members eligible to vote;
F25(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)some relevant requirement of this Act or the rules of the society was not fulfilled.
(3)The [F23appropriate authority] shall not be precluded from confirming an amalgamation, transfer or conversion by virtue only of the non-fulfilment of some relevant requirement of this Act or the rules of a friendly society if it appears to the [F23appropriate authority] that it could not have been material to the members’ decision about the amalgamation, transfer or conversion and the [F23appropriate authority] gives a direction that the failure is to be disregarded for the purposes of this paragraph.
Textual Amendments
F23Words in Sch. 15 paras. 8-10 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(9) (with Sch. 12)
F25Sch. 15 para. 9(2)(c) repealed (1.12.2001) by S.I. 2001/2617, arts. 2, 13(2), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
10(1)Where the [F23appropriate authority] would be precluded—U.K.
(a)from confirming an amalgamation or transfer by reason of any of the defects specified in paragraph 9(1) above, or
(b)from confirming a conversion by reason of any of the defects specified in paragraph 9(2) above, [F26or
(c)from confirming a conversion by reason of paragraph 11 below,]
it may give to any friendly society participating in the amalgamation or transfer or, as the case may be, to the society proposing to convert a direction under sub-paragraph (2) below.
(2)A direction under this sub-paragraph is a direction requiring a friendly society—
(a)to take such steps to remedy the defect or defects, including the calling of a further meeting, [F27or (as the case may be) to remove the risk referred to in paragraph 11 below,] as are specified in the direction; and
(b)to furnish the [F23appropriate authority] with evidence that those steps have been taken;
and if the [F23appropriate authority] is satisfied that the steps have been taken and the defect or defects has or have been substantially remedied, [F28or (as the case may be) that the risk has been removed,] the [F23appropriate authority] shall confirm the amalgamation, transfer or conversion.
Textual Amendments
F23Words in Sch. 15 paras. 8-10 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(9) (with Sch. 12)
F26Sch. 15 para. 10(1)(c) and the word “or” immediately preceding inserted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 128(k) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F27Words in Sch. 15 para. 10(2)(a) inserted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 128(l)(i) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F28Words in Sch. 15 para. 10(2) inserted (17.8.2001 or specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 128(l)(ii) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
Textual Amendments
F29Cross-heading repealed (1.12.2001) by S.I. 2001/2617, arts. 2, 13(2), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
[F3011U.K.The [F31appropriate authority] shall not confirm an amalgamation, transfer of engagements or conversion unless it is satisfied that there is no substantial risk that the successor society, the proposed transferee, or the company into which the society is converted, will not have—
(a)such permission (if any) under [F32Part 4A] of the Financial Services and Markets Act 2000, or
(b)such permission (if any) under paragraph 15 of Schedule 3 to that Act (as a result of qualifying for authorisation under paragraph 12 of that Schedule),
as will enable it to carry on the business which it will have as a result of the amalgamation, transfer or conversion without contravening section 19 of that Act (the general prohibition).]
Textual Amendments
F30Sch. 15 para. 11 substituted (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 128(n) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F31Words in Sch. 15 para. 11 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(10)(a) (with Sch. 12)
F32Words in Sch. 15 para. 11 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(10)(b) (with Sch. 12)
[F3311A.(1)The PRA must consult the FCA before confirming an amalgamation, transfer of engagements or a conversion.U.K.
(2)The PRA must notify the FCA if it makes any such confirmation.]
Textual Amendments
F33Sch. 15 para. 11A inserted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(11) (with Sch. 12)
12U.K.The [F34appropriate authority] shall not confirm a transfer unless it is satisfied—
(a)that all the engagements included in the transfer may be transferred under section 86 above to the transferee;
(b)that the transfer is in the interests of the members of each friendly society participating in the transfer; and
(c)where the transfer is not of all the engagements of the transferor, that the purposes of each friendly society participating in the transfer will, after the transfer, continue to include the carrying on of one or more activities falling within Schedule 2 to this Act.
Textual Amendments
F34Words in Sch. 15 para. 12 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(12) (with Sch. 12)
[F3513U.K.
(1)The [F36appropriate authority] shall not confirm a transfer in any case where the transferee is required by section 87 above to furnish the [F36appropriate authority] with a report unless it is satisfied (after taking the proposed transfer into account) either that the transferee will possess the margin of solvency required by rules made by the [F37appropriate authority under Part 9A] of the Financial Services and Markets Act 2000 or, where no margin of solvency is required by such rules, that the value of the transferee’s assets will exceed its liabilities.
(2)The [F36appropriate authority] shall not confirm a transfer of any engagements the fulfilment of which will constitute effecting or carrying out contracts of insurance in the United Kingdom unless it is satisfied (after taking the proposed transfer into account) either that the transferee will possess the margin of solvency required by rules made by the [F37appropriate authority under Part 9A] of the Financial Services and Markets Act 2000 or, where no margin of solvency is required by such rules, that the value of the transferee’s assets will exceed its liabilities.
(3)This paragraph does not apply to any transfer of engagements to which paragraph 15 or 15A below applies.
(4)The reference in sub-paragraph (2) to effecting or carrying out contracts of insurance must be read with—
(a)section 22 of the Financial Services and Markets Act 2000;
(b)any relevant order under that section; and
(c)Schedule 2 to that Act.]
Textual Amendments
F35Sch. 13 para. 15 substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 206(1)
F36Words in Sch. 15 para. 13 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(13)(a) (with Sch. 12)
F37Words in Sch. 15 para. 13 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(13)(b) (with Sch. 12)
[F3814U.K.The Commission shall not confirm a transfer of any engagements the fulfilment of which will constitute the carrying on in the United Kingdom of insurance business unless it is satisfied—
(a)that the proposed transferee will be able to fulfil the engagements without authorisation under Part I of the Insurance Companies Act 1982 or section 32 of this Act; or
(b)that there is no substantial risk that the proposed transferee will not have such authorisation as will permit it to fulfil them.]
Textual Amendments
F38Sch. 15 para. 14 omitted (17.8.2001 for specified purposes and otherwiseprosp.) by virtue of S.I. 2001/2617, arts. 2(a), 8(1), 13(1), Sch. 3 para. 128(r) (with art. 13(3), Sch. 5) and is repealed (prosp.) by S.I. 2001/3538, art. 2(1)
Textual Amendments
F38Sch. 15 para. 14 omitted (17.8.2001 for specified purposes and otherwiseprosp.) by virtue of S.I. 2001/2617, arts. 2(a), 8(1), 13(1), Sch. 3 para. 128(r) (with art. 13(3), Sch. 5) and is repealed (prosp.) by S.I. 2001/3538, art. 2(1)
[F3915(1)This paragraph applies to any transfer of engagements (other than contracts of reinsurance) where–U.K.
(a)the effecting of the engagements constituted the carrying on of general business;
(b)the transferor is a friendly society to which section 37(3) above applies; and
(c)the transferee is–
(i)a friendly society to which section 37(2) or (3) above applies;
[F40(ii)a UK firm which has an EEA right deriving from any of the insurance directives;]
[F41(iii)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to the Financial Services and Markets Act 2000;]
F42(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F43(v)an insurance company whose head office is in Switzerland, which has permission under [F44Part 4A] of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, which permission is not limited to reinsurance business;]
(vi)an insurance company whose margin of solvency is required to be supervised in accordance with Article 25 or 26 of the first general insurance Directive.
(2)The [F45appropriate authority] shall not confirm the transfer unless–
F46(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)it is F47. . . satisfied that every policy included in the transfer evidences a contract which was entered into before the date of the application;
(c)the relevant authority certifies that the transferee possesses the necessary margin of solvency after taking the proposed transfer into account; and
(d)where the establishment from which the policies are to be transferred is situated in [F48an EEA State] other than the United Kingdom, the [F45appropriate authority] is satisfied–
(i)that the supervisory authority in that [F48EEA State] has been consulted about the proposed transfer; and
(ii)either that the authority has responded or that the period of three months beginning with the consultation has elapsed.
(3)Where, as regards any policy F49. . . which is included in the proposed transfer, the risk is situated in a [F48an EEA State] other than the United Kingdom, the [F45appropriate authority] shall not confirm the transfer unless it is satisfied–
(a)that the supervisory authority in that [F48an EEA State] has been notified of the proposed transfer;
(b)either that the authority has consented to the transfer or that the authority has not refused its consent to the transfer within the period of three months beginning with the notification.
F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
F51(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
[F52(6)In this paragraph “the relevant authority" means—
(a)if the transferee falls within paragraph (1)(c)(iii), its home state regulator;
(b)if the transferee falls within paragraph (1)(c)(v), the supervisory authority in Switzerland;
(c)if the transferee falls within paragraph (1)(c)(vi), the [F45appropriate authority] or other supervisory body responsible for the supervision;
(d) in any other case, the [F45 appropriate authority].]]
Textual Amendments
F39Sch. 15 para. 15 substituted (1.9.1994) by S.I. 1994/1984 reg. 25, Sch. 4 para. 3
F40Sch. 15 para. 15(1)(c)(ii) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 207(2)(a)
F41Sch. 15 para. 15(1)(c)(iii) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 207(2)(b)
F42Sch. 15 para. 15(1)(c)(iv) repealed (1.12.2001) by virtue of S.I. 2001/3649, arts. 1, 207(2)(c)
F43Sch. 15 para. 15(1)(c)(v) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 207(2)(d)
F44Words in Sch. 15 para. 15(1)(v) substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(14)(a) (with Sch. 12)
F45Words in Sch. 15 para. 15 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(14)(b) (with Sch. 12)
F46Sch. 15 para. 15(2)(a) repealed (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13, Sch. 3 para. 128(t)(i); Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F47Word in Sch. 15 para. 15(2)(b) repealed (17.8.2001 for specified purposes and otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8(1), 13, Sch. 3 para. 128(t)(ii); Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F48Words in Sch. 15 Pt. II para. 15 substituted (1.1.1998) by S.I. 1997/2849, reg. 3
F49Words in Sch. 15 para. 15(3) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F50Sch. 15 para. 15(4) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F51Sch. 15 para. 15(5) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F52Sch. 15 para. 15(6) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 207(3)
[F5315A(1)This paragraph applies to any transfer of engagements (other than contracts of reinsurance) where–U.K.
(a)the effecting of the engagements constituted the carrying on of long term business;
(b)the transferor is a friendly society to which section 37(3) above applies; and
(c)the transferee is–
(i)a friendly society to which section 37(2) or (3) above applies;
[F54(ii)a UK firm which has an EEA right deriving from any of the insurance directives;]
[F55(iii)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to the Financial Services and Markets Act 2000;]
(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)an insurance company whose margin of solvency is required to be supervised in accordance with [F56Article 55 or 56 of the life assurance consolidation Directive].
(2)The [F57appropriate authority] shall not confirm the transfer unless–
F58(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)the relevant authority certifies that the transferee possesses the necessary margin of solvency after taking the proposed transfer into account; and
(c)where the establishment from which the policies are to be transferred is situated in [F59an EEA State] other than the United Kingdom, the [F57appropriate authority] is satisfied–
(i)that the supervisory authority in that [F59 EEA State] has been consulted about the proposed scheme; and
(ii)either that the authority has responded or that the period of three months beginning with the consultation has elapsed.
(3)Where, as regards any policy F60. . . which is included in the proposed transfer, [F59an EEA State] other than the United Kingdom, is the State in which the commitment is situated, the [F57appropriate authority] shall not confirm the transfer unless it is satisfied–
(a)that the supervisory authority in that [F59an EEA State] has been notified of the proposed scheme; and
(b)either that the authority has consented to the scheme or that the authority has not refused its consent to the scheme within the period of three months beginning with the notification.
F61(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
F62(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .
[F63(6)In this paragraph “the relevant authority" means—
(a)if the transferee falls within paragraph (1)(c)(iii), its home state regulator;
(b)if the transferee falls within paragraph (1)(c)(v), the [F57appropriate authority] or other supervisory body responsible for the supervision;
(c)in any other case, the [F57appropriate authority].]]
Textual Amendments
F53Sch. 15 para 15A substituted (1.9.1994) by S.I. 1994/1984, reg. 25, Sch. 4 para. 4
F54Sch. 15 para. 15A(1)(c)(ii) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 208(2)(a)
F55Sch. 15 para. 15A(1)(c)(iii) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 208(2)(b)
F56Words in Sch. 15 para. 15A(1)(c)(v) substituted (11.1.2005) by The Life Assurance Consolidation Directive (Consequential Amendments) Regulations 2004 (S.I. 2004/3379), regs. 1, 3(5)
F57Words in Sch. 15 para. 15A substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(15) (with Sch. 12)
F58Sch. 15 para. 15A(2)(a) repealed (1.12.2001) by S.I. 2001/2617, arts. 2, 13(2), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F59Words in Sch. 15 Pt. II para. 15A substituted (1.1.1998) by 1997/2849, reg. 3
F60Words in Sch. 15 Pt. II para. 15A(3) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F61Sch. 15 Pt. II para. 15A(4) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F62Sch. 15 Pt. II para. 15A(5) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F63Sch. 15 para. 15A(6) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 208(3)
F64[16U.K.The Commission shall not confirm a transfer to a friendly society of engagements the fulfilment of which will constitute the carrying on in the United Kingdom of non-insurance business of any description unless it is satisfied that there is no substantial risk that the society will not be authorised under section 32 above to carry on non-insurance business of that description.]
Textual Amendments
F64Sch. 15 para. 16 omitted (17.8.2001 for specified purposes and otherwiseprosp.) by S.I. 2001/2617, arts. 2(a), 8(1), 13(1), Sch. 3 para. 128(v) (with art. 13(3), Sch. 5) and is repealed (prosp.) by S.I. 2001/2617, arts. 2(b), 13(2), Sch. 4 (with art. 13(3), Sch. 5)
Textual Amendments
F64Sch. 15 para. 16 omitted (17.8.2001 for specified purposes and otherwiseprosp.) by S.I. 2001/2617, arts. 2(a), 8(1), 13(1), Sch. 3 para. 128(v) (with art. 13(3), Sch. 5) and is repealed (prosp.) by S.I. 2001/2617, arts. 2(b), 13(2), Sch. 4 (with art. 13(3), Sch. 5)
Textual Amendments
F65Sch. 15 para. 16A and Cross-heading inserted (1.9.1994) by S.I. 1994/1984, reg. 25, Sch. 4 para. 5
[F6616A(1)This paragraph applies where the [F67appropriate authority] confirms a transfer in accordance with paragraph 15 above and F68. . .–U.K.
F69.. . .as regards any policy included in the transfer, [F70an EEA State] other than the United Kingdom is the [F70EEA State] in which the risk is situated; F69. . .
F71(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F67appropriate authority] shall direct that–
(a)notice of its decision, and of the execution of any instrument giving effect to the transfer, shall be published in the [F70EEA State] F68. . .; and
(b)the notice shall specify the period during which the policy holder may exercise any right to cancel the policy;
and the instrument shall not bind the policy holder if either such a notice is not so published or the policy holder exercises any such right during the period so specified.
(3)The law of the [F70EEA State] F68. . . shall determine–
(a)whether the policy holder has a right to cancel the policy; and
(b)the conditions applicable to any such right.]
Textual Amendments
F66Sch. 15 para. 16A inserted (1.9.1994) by S.I. 1994/1984, reg. 25 Sch. 4 para. 5
F67Words in Sch. 15 para. 16A substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(16) (with Sch. 12)
F68Words in Sch. 15 para. 16A repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F69Words in Sch. 15 para. 16A(1)(a) repealed (1.1.1998) by S.I. 1997/2849, reg. (5), Sch.
F70Words in Sch. 15 para. 16A substituted (1.1.1998) by S.I. 1997/2849, reg. 3
F71Sch. 15 para. 16A(1)(b) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
[F7216B(1)This paragraph applies where the [F73appropriate authority] confirms a transfer in accordance with paragraph 15A above and F74. . .–U.K.
F75. . . .as regards any policy included in the transfer, [F76an EEA State] other than the United Kingdom is the State in which the commitment is situated; F75. . .
F77(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The [F73appropriate authority] shall direct that–
(a)notice of the making of any order, or the execution of any instrument, giving effect to the transfer shall be published in the [F76 EEA State] F74. . . which is the State in which the commitment is situated; and
(b)the notice shall specify the period during which the policy holder may exercise any right to cancel the policy;
and the instrument or order shall not bind the policy holder if either such a notice is not so published or the policy holder exercises any such right during the period so specified.
(3)The law of the [F76 EEA State] F74. . . which is the State in which the commitment is situated shall determine–
(a)whether the policy holder has a right to cancel the policy; and
(b)the conditions applicable to any such right.]
Textual Amendments
F72Sch. 15 para. 16B inserted (1.9.1994) by S.I. 1994/1984, reg. 25 Sch. 4 para. 6
F73Words in Sch. 15 para. 16B substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 9 para. 56(16) (with Sch. 12)
F74Words in Sch. 15 para. 16B repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.
F75Words in Sch. 15 para. 16B(1)(a) repealed (1.1.1998) by S.I. 1997/2849, reg. (5), Sch.
F76Words in Sch. 15 para. 16B substituted (1.1.1998) by S.I. 1997/2849, reg. 3
F77Sch. 15 para. 16B(1)(b) repealed (1.1.1998) by S.I. 19997/2849, reg. 5, Sch.
17U.K.A failure to comply with a relevant requirement of this Act or any rules of a friendly society shall not invalidate any amalgamation, transfer of engagements or conversion; but a society which—
(a)participates in an amalgamation or transfer or converts into a company; and
(b)fails without reasonable excuse to comply with such a requirement;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
[F7818(1)In this Part of this Schedule expressions used which are defined in [F79Schedule 3 to the Financial Services and Markets Act 2000] but are not defined for the purposes of this Part of this Schedule have the same meaning as they have for the purposes of that Act.U.K.
(2)In this Part of this Schedule–
“policy" means a contract (other than a contract of reinsurance) the effecting of which by a friendly society to which section 37(2) or (3) above applies constituted the carrying on of insurance business of any class;
“policy holder" means a member whose contract with such a society is a contract the effecting of which by the society constituted the carrying on of insurance business (other than reinsurance business) of any class;
“relevant requirement", with reference to this Act or the rules of a friendly society, means a requirement of this Part of this Act or of any rules prescribing the procedure to be followed by the society in approving or effecting an amalgamation or transfer of engagements or its conversion into a company.
F80(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F78Sch. 15 para. 18 substituted (1.9.1994) by S.I. 1994/1984, reg. 25, Sch. 4 para. 7
F79Words in Sch. 15 para. 18 substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 209
F80Sch. 15 para. 18(3) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.