Friendly Societies Act 1992

SCHEDULE 21 Amendments

Section 120. Part I Amendments of Enactments Loan Societies Act 1840 1 The duty of the Chief Registrar to lay before Parliament the documents mentioned in section 27 of the Loan Societies Act 1840 (accounts etc of loan societies) is abolished. National Savings Bank Act 1971 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . National Debt Act 1972 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Solicitors Act 1974 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insurance Companies Act 1982 6 (1) In section 49 of the Insurance Companies Act 1982, (sanction of court for transfer of long term business) at the beginning of subsection (1) there shall be inserted “ Subject to section 49A below ”. (2) After that section there shall be inserted the following section— Transfer of long term business to friendly society. 49A (1) Section 49 above applies, with the following adaptations, to a transfer of business to an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992. (2) In subsection (3)(c) (service of documents), after the words “the Secretary of State" there shall be inserted the words “and on the Friendly Societies Commission". (3) In subsection (5) (persons entitled to be heard on petition), in paragraph (a) after the words “the Secretary of State" there shall be inserted the words “and the Friendly Societies Commission". (4) In subsection (6) (requirement that transferee company be authorised to carry on long term business), for the words “authorised under section 3 or 4 above" there shall be substituted the words “authorised under Part IV of the Friendly Societies Act 1992." Companies Act 1985 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Company Directors Disqualification Act 1986 8 After section 22A of the Company Directors Disqualification Act 1986 (application of Act to building societies) there shall be inserted the following section— Application of Act to incorporated friendly societies. 22B (1) This Act applies to incorporated friendly societies as it applies to companies. (2) References in this Act to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society. (3) In relation to an incorporated friendly society every reference to a shadow director shall be omitted. (4) In the application of Schedule 1 to the members of the committee of management of an incorporated friendly society, references to provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of the Friendly Societies Act 1992. Banking Act 1987 9 In section 84(1) of the Banking Act 1987 (disclosure of information obtained under that Act), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made, after the entry beginning “The Chief Registrar of friendly societies" there shall be inserted the following entry— The Friendly Societies Commission. | Functions under the enactments relating to friendly societies or under the Financial Services Act 1986. Income and Corporation Taxes Act 1988 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Companies Act 1989 11 In section 87 of the Companies Act 1989 (disclosure of information obtained under that Act), in subsection (4), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made after the entry beginning “The Chief Registrar of friendly societies" there shall be inserted the following entry— The Friendly Societies Commission. | Functions under the enactments relating to friendly societies or under the Financial Services Act 1986. Tribunals and Inquiries Act 1992 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trade Union and Labour Relations (Consolidation) Act 1992 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Social Security Contributions and Benefits (Northern Ireland) Act 1992 18 In section 171(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, after “157" there shall be inserted the words “ and regulations made by the Chief Registrar of friendly societies under paragraph 10(2) of Schedule 1 to this Act. ” 19 (1) In Schedule 1 to that Act, in paragraph 10(2)— (a) for the words “Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ Friendly Societies Act 1974 ”; and (b) for the words “Registrar of Friendly Societies for Northern Ireland" there shall be substituted “ Chief Registrar of Friendly Societies ”. (2) In that Schedule, in paragraph 10 for sub-paragraph (3) there shall be substituted the following sub-paragraph— (3) The power conferred by sub-paragraph (2) above on the Chief Registrar of Friendly Societies to make regulations shall be exercisable by statutory instrument, and— (a) the Statutory Instruments Act 1946 shall apply to that power as if the Chief Registrar were a Minister of the Crown, and (b) section 171(3) to (5) above shall apply to those regulations as they apply to regulations made by the Department. Part II Amendments of Northern Ireland Legislation Parliamentary Commissioner Act (Northern Ireland) 1969 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Industrial and Provident Societies Act (Northern Ireland) 1969 21 In section 101(1) of the Industrial and Provident Societies Act (Northern Ireland) Act 1969, in the definition of “registrar", for the words “friendly societies" there shall be substituted “ credit unions ”. Social Security Pensions (Northern Ireland) Order 1975 22 In Article 67(1) of the commref NUM="M845">Social Security Pensions (Northern Ireland) Order 1975 for the words “Registrar of Friendly Societies for Northern Ireland" there shall be substituted “ Chief Registrar of Friendly Societies ”. 23 In Article 67(4) of that Order for the words “Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ Friendly Societies Act 1974 ”. Statutory Rules (Northern Ireland) Order 1979 24 In Article 7(5) of the Statutory Rules (Northern Ireland) Order 1979 for the words “Friendly Societies" there shall be substituted “ Credit Unions ”. 25 In Part I of Schedule 1 to that Order, for the words “The Registrar of Friendly Societies for Northern Ireland" there shall be substituted “ The Registrar of Credit Unions for Northern Ireland ”. Housing (Northern Ireland) Order 1981 26 In Article 114 of the Housing (Northern Ireland) Order 1981, in the definition of “registrar", for the words “of Friendly Societies for Northern Ireland" there shall be substituted “ for the purposes of the Act of 1969 ”. Property (Discharge of Mortgage by Receipt)(Northern Ireland) Order 1983 27 In Article 3(10) of the Property (Discharge of Mortgage by Receipt)(Northern Ireland) Order 1983 for the words “section 48 of the Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ section 57A of the Friendly Societies Act 1974 ”. Credit Unions (Northern Ireland) Order 1985 28 In Article 2(2) of the Credit Unions (Northern Ireland) Order 1985 for the definition of “registrar" there shall be substituted— “registrar” has the meaning assigned to it by Article 2A; . 29 After Article 2 there shall be inserted the following Article— The registrar and assistant registrar 2A (1) The person appointed by the Head of the Department to perform in Northern Ireland the functions of registrar under this Order shall be known as the Registrar of Credit Unions for Northern Ireland (in this Order referred to as “the registrar"). (2) A person appointed by the Department to assist the registrar shall be known as the Assistant Registrar of Credit Unions for Northern Ireland (in this Order referred to as “the assistant registrar"). (3) Anything which is required or authorised to be done by or to the registrar under this Order may be done by or to the assistant registrar. Companies (Northern Ireland) Order 1986 30 (1) In Article 442 of the Companies (Northern Ireland) Order 1986, in paragraph (1), after sub-paragraph (dd) there shall be inserted the following sub-paragraphs— (de) for the purpose of enabling or assisting the Chief Registrar of friendly societies or the Assistant Registrar of friendly societies for Scotland to discharge their functions under the enactments relating to friendly societies; (df) for the purpose of enabling or assisting the Friendly Societies Commission to discharge its functions under the Financial Services Act 1986. (2) In paragraph (3) of that Article, after sub-paragraph (j) there shall be inserted the following sub-paragraph— (jj) the Friendly Societies Commission . Companies (Northern Ireland) Order 1989 31 After Article 2 of the Companies (Northern Ireland) Order 1989 there shall be inserted the following Article— Application of Order to incorporated friendly societies 2A (1) This Order applies to incorporated friendly societies as it applies to companies. (2) References in this Order to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society. (3) In relation to an incorporated friendly society every reference to a shadow director shall be omitted. (4) In the application of Schedule 1 to the members of the committee of management of an incorporated friendly society, references to provisions of the Insolvency Order or the Companies Order include references to the corresponding provisions of the Friendly Societies Act 1992.