Statutory Instrument 1993 No. 3226 (C.65)

The Friendly Societies Act 1992 (Commencement No. 7 and Transitional Provisions and Savings) Order 1993

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© Crown Copyright 1993

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1993 No. 3226 (C.65)

FRIENDLY SOCIETIES

The Friendly Societies Act 1992 (Commencement No. 7 and Transitional Provisions and Savings) Order 1993

The Treasury, in exercise of the powers conferred on them by section 126(2) and (3) of the Friendly Societies Act 1992^[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation
    1.—(1)  This Order may be cited as the Friendly Societies Act 1992 (Commencement No. 7 and Transitional Provisions and Savings) Order 1993.

    (2)  In this Order—

"the 1970 Act" means the Friendly Societies Act (Northern Ireland) 1970^[2];


"the 1974 Act" means the Friendly Societies Act 1974^[3];


"the 1979 Order" means the Industrial Assurance (Northern Ireland) Order 1979^[4];


"the 1992 Act" means the Friendly Societies Act 1992;


"collecting society" has the meaning given to that term in article 2(2) of the 1979 Order^[5]; and


"industrial assurance company" has the meaning given to that term in article 2(2) of the 1979 Order^[6].

Days appointed
    2.—(1)  The provisions of the 1992 Act specified in column 1 of Schedule 1 to this Order (which relate to the matters mentioned in column 2 of that Schedule) shall come into force for all remaining purposes on 1st January 1994 and the provisions of the 1992 Act specified in column 1 of Schedule 2 to this Order (which relate to the matters mentioned in column 2 of that Schedule) shall come into force generally on 1st January 1994.

    (2)  Notwithstanding article 2(2) of the Friendly Societies Act 1992 (Commencement No. 6 and Transitional Provisions) Order 1993^[7], section 31 of the 1992 Act shall come into force on 1st January 1995 in relation to the carrying on of any insurance or non— insurance business by a friendly society to which subsection (2) of section 96 of the 1992 Act applies.

Transitional provisions
    3.    In relation to a friendly society, or branch of a friendly society, to which subsection (2) or (3) of section 96 of the 1992 Act applies, in the provisions of the 1992 Act specified in column 1 of Schedule 3 to this Order, for references to provisions of the 1974 Act specified in column 2 of that Schedule there are substituted references to the corresponding provisions of the 1970 Act specified in column 3 of that Schedule.

    4.    A friendly society to which subsection (2) of section 96 of the 1992 Act applies may, notwithstanding the amendments made to section 7(1) of the 1974 Act by paragraph 4 of Schedule 16 to the 1992 Act, and the repeal of Schedule 1 to the 1970 Act by Part II of Schedule 22 to the 1992 Act, continue to provide for any of the purposes specified in Schedule 1 to the 1970 Act which it may undertake under its rules until is has altered its rules to enable it to provide for any purpose falling within Schedule 2 to the 1992 Act or until 1st January 1995, whichever is the earlier.

    5.    In paragraph (2) of article 2 of the 1979 Order, in the definition of "Registrar", for the words "section 96(1) of the Friendly Societies Act (Northern Ireland) 1970" to the end of the definition^[8], there is substituted "article 2A of the Credit Unions (Northern Ireland) Order 1985 to perform in Northern Ireland the powers and duties of the Registrar of Credit Unions"^[9].

    6.    The matters which an industrial assurance company and a collecting society shall cause to be set out in the premium receipt books provided by them for use in respect of policies of industrial assurance under article 22 of the 1979 Order shall remain the matters specified in the Schedule 4 to the 1979 Order relating to the provisions listed in that Schedule prior to the partial repeal of that Schedule^[10] and the amendments made to the provisions listed in it by the 1992 Act^[11] notwithstanding such partial repeal and amendment until any such company or society reprints its premium receipt books or until 1st January 1996, whichever is the earlier.

    7.—(1)  A society, or branch of a society, to which subsection (2) or (3) of section 96 of the 1992 Act applies, shall continue to be subject to sections 23, 34 and 36 of the 1970 Act for the purposes of any revenue accounts or balance sheets due to be prepared, any quinquennial or triennial valuation due to be carried out or any annual return due to be sent in respect of the year of account for 1993, or any previous year or, as the case may be, in respect of any period of five or three years ending on or before 31st December 1993 until the relevant steps have been taken under those sections (with the transitional arrangements set out in paragraph (2) below) notwithstanding the repeal of sections 23, 34 and 36 of the 1970 Act by Schedule 22 to the 1992 Act.

    (2)  For the purpose of performing the relevant steps referred to in paragraph (1) above, in sections 34 and 36 of the 1970 Act, for the word "registrar", wherever occurring, there is substituted "Friendly Societies Commission".

    8.    A society, or branch of a society, to which subsection (2) or (3) of section 96 of the 1992 Act applies, shall continue to be subject to section 31 of the 1970 Act for the purposes of any report due to be made to the society or branch in respect of the year of account for 1993 or any previous year until such report has been made notwithstanding the repeal of section 31 of the 1970 Act made by Schedule 22 to the 1992 Act.

Savings
    9.    A certificate of exemption granted to a collecting society under article 12 of the 1979 Order before 1st January 1994 shall remain in force in relation to any such society until the certificate is revoked by the Friendly Societies Commission notwithstanding the substitution of a new paragraph for paragraph (1) of article 12 of the 1979 Order^[12] .

    10.    Notwithstanding the substitution by paragraph 20(h) of Schedule 19 to the 1992 Act of "Commission" for "Commissioner" in article 42(1)(b) of the 1979 Order, it shall remain an offence under article 42 of the 1979 Order for a collecting society to contravene or fail to comply with any direction by the Commissioner.

Tim Wood

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

22nd December 1993

[1] 1992 c. 40. back

[2] 1970 c. 31 (N.I.). back

[3] 1974 c. 46. back

[4] S.I. 1979/1574 (N.I.13). back

[5] Article 2(2) was amended by paragraph 18(1) of Schedule 19 to the 1992 Act. back

[6] Article 2(2) was amended by paragraph 18(1) of Schedule 19 to the 1992 Act. back

[7] S.I. 1993/2213 (C.43). back

[8] The definition of "Registrar" was amended by paragraph 18(2)(c) of Schedule 19 to the 1992 Act. back

[9] S.I. 1985/1205 (N.I.12). Article 2A was inserted by paragraph 29 of Schedule 21 to the 1992 Act. back

[10] Schedule 4 to the 1979 Order was repealed in part by Part II of Schedule 22 to the 1992 Act. back

[11] New articles were substituted for articles 29 and 36 of the 1979 Order by paragraphs 25 and 27 of Schedule 19 to the 1992 Act and article 9 of the 1979 Order was repealed by Part II of Schedule 22 to the 1992 Act. The repeal of article 9 of the 1979 Order is partly brought into force by article 2 of this Order. back

[12] Article 12(1) was substituted under paragraph 21 of Schedule 19 to the 1992 Act. back

Explanatory Note