Friendly and Industrial and Provident Societies Act 1968 (repealed)

Miscellaneous and supplementary E+W+S

18 Offences. E+W+S

Any contravention by a society of any provision of this Act and any failure by a society to comply with any provision of this Act or any direction given by the [F1 FCA] under section 4 [F2 or 9C(1)] of this Act shall be an offence under the appropriate registration Act.

Textual Amendments

F1 Word in s. 18 substituted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 4 para. 7 (with Sch. 12)

F2 S. 18 words inserted (1.9.1996) by S.I. 1996/1738, arts. 1, 9(12)

19 Regulations. E+W+S

(1) Any power to make regulations under this Act may be exercised so as to make different provision in relation to different cases or different circumstances to which the power is applicable.

(2) Any power to make regulations under this Act shall be exercisable by statutory instrument, and any statutory instrument containing any regulations made under section 4 or section 10 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 19(3) repealed (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1)(2), Sch. 3 Pt. III para. 259, Sch. 4 (subject to art. 13(3)); S.I. 2001/3538, art. 2(1)

20 Minor and consequential amendments, repeals and transitional provisions. E+W+S

(1) Except as provided by Schedule 3 to this Act—

(a) the enactments specified in Schedule 1 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the preceding provisions of this Act; . . . F4

(2) Schedule 3 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions.

Textual Amendments

F4 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

21 Interpretation. E+W+S

(1) In this Act, except so far as the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• [F5 “accounts" means the profit and loss account required to be prepared by section 226 of the Companies Act 1985 as applied by regulation 3 of the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993; ]

  • “ M1 Act of 1896” means the Friendly Societies Act 1896;

  • “Act of 1965” means the M2 Industrial and Provident Societies Act 1965;

  • “annual return", . . . F6 in relation to a society registered under the Act of 1965, means the annual return which that society is required to send F7 ... by section 39(1) of that Act;

  • F8 . . .;

  • “exempt society” has the meaning assigned to it by section 4(4) of this Act;

  • [F9 “the FCA” means the Financial Conduct Authority;]

  • [F10 “group accounts" means the accounts required to be prepared by section 227 of the Companies Act 1985 as applied by regulation 3 of the Insurance Accounts Directive (Miscellaneous Insurance Undertakings) Regulations 1993.]

  • “industrial and provident society” means a society registered under the Act of 1965;

• F5 [ “qualified auditor" means a person eligible for appointment as an auditor of the society under Part II of the Companies Act 1989 as applied by paragraph 3 of Schedule 9 to those Regulations; ]

  • “registered branch” means a branch registered under the Act of 1896 of a society registered under that Act;

  • “Scottish society” means any body which is . . . F6 a society registered under the Act of 1965 . . . F6 [F11 whose registered office is situated] in Scotland;

  • “society” means any body which is . . . F6 a society registered under the Act of 1965;

  • “subsidiary” has the meaning assigned to it by section 15 of this Act;

  • “year of account”—

    (a)

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

    (b)

    in relation to a society registered under the Act of 1965, means any period required by section 39 of that Act to be included in an annual return of that society.

(2) In this Act “the appropriate registration Act”—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(b)

in relation to a society registered under the Act of 1965 or to a member of the committee of any such society, means the Act of 1965;

and any reference to an offence under the appropriate registration Act is a reference . . . F6 to an offence under section 61 of the Act of 1965 . . . F6

(3) In this Act, “the current year of account”, in relation to the appointment of an auditor or auditors, means the year of account in which the question of that appointment arises, and “the preceding year of account” means the year of account immediately preceding the current year of account.

(4) In this Act, except so far as the context otherwise requires—

(a) references to a society registered and to the registration of a society under the Act of 1896 include respectively references to a registered branch and to the registration under that Act of a branch of a society so registered; and

(b) references to a society registered under the Act of 1965 include references to a society deemed to be so registered by virtue of section 4 of that Act.

Textual Amendments

F5 Definitions inserted (19.12.1993) by S.I. 1993/3245, reg. 7(1), Sch. para. 6(a).

F6 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F7 Words in s. 21(1) omitted (1.4.2013) by virtue of The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 4 para. 8(a) (with Sch. 12)

F8 Definition of

“collecting society”

in s. 21(1) repealed (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1)(2), Sch. 3 Pt. III para. 260(a), Sch. 4 (subject to savings and transitional provisions in art. 13(3)); S.I. 2001/3538, art. 2(1)

F9 Words in s. 21(1) inserted (1.4.2013) by The Financial Services Act 2012 (Mutual Societies) Order 2013 (S.I. 2013/496), art. 1(1), Sch. 4 para. 8(b) (with Sch. 12)

F10 Definition in s. 21(1) substituted (19.12.1993) by S.I. 1993/3245, reg. 7(1), Sch. para. 6(b).

F11 Words in definition of

“Scottish society”

in s. 21(1) inserted (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1), Sch. 3 Pt. III para. 260(b) (subject to savings and transitional provisions in art. 13(3)); S.I. 2001/3538, art. 2(1)

F12 Para. 8 repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F13 S. 21(2)(a) repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

Marginal Citations

M1 1896 c. 25.

M2 1965 c. 12.

22 Channel Islands and Isle of Man. E+W+S

(1) Her Majesty may by Order in Council provide—

(a) that all or any of the provisions of this Act shall extend to any of the Channel Islands, or

(b) that all or any of the provisions of this Act, in so far as those provisions relate to societies registered under the Act of 1896, shall extend to the Isle of Man,

with in either case such exceptions, adaptations and modifications (if any) as may be specified in the Order.

(2) Any Order in Council made under this section may be varied or revoked by a subsequent Order in Council so made.

(3) Any Order in Council revoking an Order in Council made under this section may contain such transitional or other incidental or supplemental provisions as appear to Her Majesty to be necessary or expedient in consequence of the revocation.

23 Short title, citation, construction and extent. E+W+S

(1) This Act may be cited as the Friendly and Industrial and Provident Societies Act 1968.

(2) F14 . . .; . . . F15 and this Act and the Industrial and Provident Societies Acts 1965 and 1967 may be cited together as the Industrial and Provident Societies Acts 1965 to 1968.

(3) References in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.

(4) This Act—

F16 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(c) in its application to societies registered under the Act of 1965, shall be construed as one with that Act.

(5) This Act shall not extend to Northern Ireland.

Textual Amendments

F14 Words in s. 23(2) omitted (1.12.2001) by virtue of S.I. 2001/3647, art. 5, Sch. 3 para. 9 (with art. 6)

F15 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F16 S. 23(4)(a) repealed (1.12.2001) by S.I. 2001/2617, arts. 2(b), 13(1)(2), Sch. 3 Pt. III para. 261, Sch. 4 (subject to savings and transitional provisions in art. 13(3)); S.I. 2001/3538, art. 2(1)

F17 S. 23(4)(b) repealed by Friendly Societies Act 1974 (c. 46), Sch. 11