- Statutory Instrument 1999 No. 736
THE FRIENDLY SOCIETIES (GENERAL CHARGE AND FEES) REGULATIONS 1999
© Crown Copyright 1999
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| Made | 9th March 1999 | ||
| Laid before Parliament | 10th March 1999 | ||
| Coming into force | 1st April 1999 |
The Treasury, in exercise of the powers conferred on them by sections 2(2) and (4) and 114(2) of the Friendly Societies Act 1992[1] and section 104(1) of the Friendly Societies Act 1974[2], hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Friendly Societies (General Charge and Fees) Regulations 1999 and shall come into force on 1st April 1999.
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 a 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 1999
3.
- (1) A friendly society which on 1st April 1999 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 1998 as determined in accordance with that Schedule.
(2) Where, after 31st December 1998 and before 1st April 1999, 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 1999, 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 November 1999.
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, the 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 at paragraphs 21 and 23 of Schedule 2 in any case where 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 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 preceding accounting year
7.
The Friendly Societies (General Charge and Fees) Regulations 1998[3] are revoked.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty's Treasury
Date 9th March 1999
1. The sum specified in this Schedule is the sum determined by the formula
| A × B |
-
A = 0.435/100, and
-
B = the specified income for the year ended 31st December 1998 as determined in accordance with paragraphs 2 to 4 below provided that
-
(a) where the resultant sum exceeds £36,000, the sum is £36,000; and
(b) where the resultant sum is less than £300, the sum is £300.
Specified income
2.
In respect of a society to which section 37(2) or (3) of the 1992 Act applies, which is an incorporated friendly society or which carries on reinsurance business and which, for the year ended 31st December 1998, was required under section 69 of the 1992 Act to prepare annual accounts in the form specified in section 70 of the 1992 Act and in the Friendly Societies (Accounts and Related Provisions) Regulations 1994[4] ("the Accounts Regulations"), the value of the specified income for that year is the sum of the amounts entered as income items I.1, I.2a.(b), II.1, II.2.(b) and III.3(b) in the income and expenditure account prepared by the society in accordance with Part I of Schedule 1 to the Accounts Regulations and the specified income for the year ended 31st December 1998 of every registered branch of the society as determined in accordance with paragraph 4 below.
3.
In respect of a society to which section 37(2) or (3) of the 1992 Act does not apply, which is a registered society and which does not carry on reinsurance business and which, for the year ended 31st December 1998, was required under section 69 of the 1992 Act to prepare annual accounts in the form specified in section 70 of the 1992 Act and in the Accounts Regulations, the value of the specified income for that year is the sum of the amounts entered as income items 1.(a), 1.(b)(i) and 1.(c) in the income and expenditure account prepared by the society in accordance with Part 1 of Schedule 7 to the Accounts Regulations and the specified income for the year ended 31st December 1998 of every registered branch of the society as determined in accordance with paragraph 4 below.
4.
In respect of a registered branch which, for the year ended 31st December 1998, was required under section 69 of the 1992 Act to prepare annual accounts in the form specified in section 70 of the 1992 Act and in the Accounts Regulations, the value of the specified income for that year is the sum of the amounts entered as income items 1.(a), 1.(b)(i), and 1.(c) in the income and expenditure account prepared by the branch in accordance with Part 1 of Schedule 7 to the Accounts Regulations or which would be so entered were the branch required to prepare its income and expenditure account in accordance with that part of that Schedule but leaving out of account the amount of any income received from the central body having control of the branch or from another registered branch of the society.
| Nature of application/function | fee payable |
| £ | |
1.
For the incorporation of a friendly society and the registration of the friendly society's rules-
|
900 |
|
(b) where it relates to an existing society |
750 |
|
2.
For the registration of a branch |
200 |
|
3.
For the grant of authorisation under section 32 of the 1992 Act in respect of each class of insurance business and each description of non-insurance business authorised |
1,090 |
|
4.
For the grant of authorisation under section 33 of the 1992 Act |
180 |
5.
For the registration of an annual return or a set of annual accounts (except where the society or branch concerned has by written notice sent to the central office irrevocably elected to pay the fees specified in paragraph 6 of this Schedule)-
|
125 |
|
(ii) where it relates to a branch |
55 |
(b) in the case of an annual return or a set of annual accounts for any subsequent year of account-
|
140 |
|
(ii) where it relates to a branch |
65 |
6.
The fees specified in this paragraph shall be payable where the society or branch concerned has by notice made an election under paragraph 5 of this Schedule:
|
500 |
|
(B) where made by a branch |
160 |
(ii) if the amendment does not substitute an entire set of rules for the existing set of rules
|
250 |
|
(B) where made by a branch |
65 |
(b) for the acknowledgement of registration of a notice of change in the situation of a registered office-
|
40 |
|
(B) of a branch |
40 |
(c) for the acknowledgement issued in respect of a notice of appointment of a trustee or trustees-
|
40 |
|
(B) of a branch |
40 |
|
(d) for the acknowledgement of registration of a change of name of an incorporated friendly society |
175 |
|
(e) for the acknowledgement of registration of an alteration of the memorandum of an incorporated friendly society. |
275 |
7.
For the registration of a special resolution-
|
385 |
|
(b) where the special resolution relates to a conversion |
650 |
|
8.
For the appointment of an inspector or calling of a special meeting by the Chief Registrar |
250 |
|
9.
For the calling of a special meeting by the Commission |
550 |
|
10.
For the appointment of an inspector by the Commission |
220 |
11.
For the registration of an instrument of dissolution or alteration therein-
|
440 |
|
(B) of a branch |
320 |
|
12.
For an award of dissolution where the matter is settled without a hearing or upon one hearing without an adjournment |
55 |
|
13.
For an award of dissolution where more than one hearing is required or where the hearing is adjourned- The same fee as where the matter is settled upon one hearing without adjournment and in addition for every hearing after the first and for every adjournment |
55 |
14.
For a direction for division or appropriation of the assets of a society-
|
20% of that value |
|
(b) where the value of the assets exceeds £1,000 |
£200 with an additional £10 for every £100 or part thereof in excess of £1,000 |
|
15.
For an investigation into the affairs of a society or branch with a view to an award of dissolution thereof |
900 |
|
16.
For a document required to be signed by a Registrar, or to bear the seal of the central office, not chargeable with any other fee, provided that such fee shall not be paid by a society or branch which has not by notice elected as in paragraph 6 of this Schedule |
45 |
|
17.
For the approval of a form of model rules relating to a society registered as a working men's club submitted by a sponsoring association or body |
880 |
|
18.
For the approval of a form of model rules relating to a society registered as a working men's club submitted by a sponsoring association or body where such form of model rules amends an already approved form of model rules and contains a maximum of six amendments |
275 |
|
19.
For the registration of an amendment of rules of a society registered as a working men's club, being a substitution of an entire set of rules for the existing set of rules, where the entire set of rules is in the form of model rules and where the application for registration is made through and endorsed by the association or body which has sponsored the rules contained in the said model |
90 |
|
20.
For the confirmation of an amalgamation or transfer of engagements |
2,180 |
|
21.
For the confirmation of an amalgamation or transfer of engagements where a society which is not a society to which section 37(2) or (3) of the 1992 Act applies has made an application which is accepted by the Commission for a reduction in the fee otherwise payable |
220 |
|
22.
For the approval by the Commission of a statement relating to an amalgamation or a transfer of engagements required to be sent by a society to its members under paragraph 1 of Schedule 15 to the 1992 Act or of a statement relating to a conversion required to be sent by a society to its members under paragraph 3 of that Schedule |
2,180 |
|
23.
For the approval by the Commission of a statement required to be sent by a society to its members as described in paragraph 22 of this Schedule where a society which is not a society to which section 37(2) or (3) of the 1992 Act applies has made an application which is accepted by the Commission for a reduction in the fee otherwise payable |
330 |
|
24.
For the registration of a copy of an instrument of transfer of engagements |
180 |
|
25.
For the registration of a scheme under section 6(5) of the 1992 Act |
120 |
|
26.
For a request to cancel the registration of the society |
50 |
|
27.
For the confirmation of a conversion |
2,180 |
|
28.
For the consent of the Commission that an instrument of dissolution or alteration shall be of effect for the purpose of effecting or facilitating a transfer of engagements to any other friendly society or to a company |
2,180 |
|
29.
For the consent of the Commission for a society to form or acquire control of a body corporate jointly with a person other than another incorporated friendly society |
2,180 |
|
30.
For the consent of the Commission for a society to undertake to fulfil the engagements of another society by a special resolution of the committee of management |
330 |
|
31.
For the grant of a dispensation by the Commission of the requirements of section 47(1) to (6) of the 1992 Act. |
52 |
|
32.
For a direction to a society by notice extending the period (by not more than 3 months) within which the society shall send three copies of the abstract of the actuary's report which it is required to send to the Commission under section 46(3) of the 1992 Act. |
52 |
|
33.
For a direction to a society by notice extending the period (by not more than 6 months) within which the society shall cause to be made and sent to the Commission the abstract of the actuary's report which under section 47(2) of the 1992 Act should be made and sent to the Commission. |
52 |
|
34.
For the extension by the Commission of the period within which, under regulation 57(1) of the Friendly Societies (Insurance Business) Regulations 1994[5], a society is required to deposit three copies of the statement or underwriting account prepared by the society under regulation 55(1), (3) or (5), or 56(1) or (2) of those Regulations. |
52 |
|
35.
For the consent of the Commission for a society to value implicit items in accordance with the provisions of regulations 9 to 11, with respect to long term business, and regulation 11, with respect to general business, of the Friendly Societies (Insurance Business) Regulations 1994. |
210 |
Notes:
[1] 1992 c. 40.back
[5] S.I. 1994/1981, as amended by S.I. 1996/3008, 1997/966, 1997/2849 and 1998/3034.back
