Friendly and Industrial and Provident Societies Act 1968

11 Amendments relating to annual returns of societies

(1) The annual return which a society is required to send to the registrar by section 27(1) of the Act of 1896 or to the appropriate registrar by section 39(1) of the Act of 1965 (as the case may be) shall be a return relating to the affairs of the society, and accordingly—

(a) for the words from "of the receipts" in section 27(1) of the Act of 1896 to the end of the subsection, and

(b) for the words from "of the income" to "audited" in section 39(1) of the Act of 1965,

there shall be substituted the words " relating to its affairs for the period required by this section to be included in the return "; and in section 27(2)(b) of the Act of 1896 for the words "out to" there shall be substituted the words " up for the period beginning with the date of registration of the society or branch under this Act or with the first day of January of the year preceding the year in which the return is required to be sent, whichever is the later, and ending with ".

(2) The annual return sent by a society under either of the provisions mentioned in the preceding subsection—

(a) shall contain the revenue account or accounts of the society prepared in accordance with section 3(2) of this Act in respect of the year of account to which the return relates, and a balance sheet as at the end of that year, and

(b) shall not contain any accounts other than the revenue account or accounts for that year unless those other accounts have been examined by the auditors of the society under section 9 of this Act.

(3) The power of the chief registrar under section 98(3) of the Act of 1896 or under section 72(1) of the Act of 1965 (as the case may be) to determine the form of an annual return and the particulars to be contained in such a return shall be without prejudice to the provisions of the last preceding subsection.

(4) A society which is required to send an annual return to the registrar by section 27(1) of the Act of 1896 shall send together with that return a copy of the report of the auditors on the accounts and balance sheet contained in the return, and accordingly, in section 27(3) of the Act of 1896, for the words "any special report of the auditors" there shall be substituted the words " the report of the auditors on the accounts and balance sheet contained in the return ".

(5) Every society shall provide, together with—

(a) every copy of its last annual return supplied on demand to a member or person interested in the funds of the society, in accordance with the requirements of section 39(a) of the Act of 1896 or section 39(5) of the Act of 1965 (as the case may be), and

(b) every balance sheet or other document so supplied in accordance with the requirements of section 39(b) of the Act of 1896,

a copy of the report of the auditors on the accounts and balance sheet contained in the return or on that balance sheet or document so supplied, as the case may require.

(6) The annual return sent to the registrar under section 27 of the Act of 1896 by a society to which section 28 of that Act applies shall include a statement specifying either—

(a) in the case of a society on which no exemption from the provisions of section 28 of that Act has been conferred either under subsection (5) of that section or under section 16(3) of this Act, the date of the last report under that section on the condition of the society or the dates respectively of the last reports under that section on the assets and liabilities of the society in respect of particular businesses conducted by the society, and a place where a copy of that report or copies of those reports (as the case may be) may be inspected; or

(b) in the case of a society on which a complete exemption from the provisions of that section has been conferred under subsection (5) of that section, the reason for that exemption; or

(c) in the case of a society on which a partial exemption from the provisions of that section has been conferred under section 16(3) of this Act—

(i) the date of the last report or the dates respectively of the last reports under that section on the assets and liabilities of the society in respect of any business or businesses conducted by the society, and a place where a copy of that report or copies of those reports (as the case may be) may be inspected; and

(ii) the reason for that partial exemption.

(7) The preceding provisions of this section shall not have effect in any case where the annual return or the balance sheet or other document relating to the affairs of a society (as the case may be) relates to a year of account beginning before 1st January 1969.

(8) Section 21(2)(a) and (c) of the Act of 1896 and section 39(2)(a) and (b) of the Act of 1965 shall cease to have effect.