Friendly Societies Act 1974

Miscellaneous U.K.

F1 104 Fees. U.K.

(1 ) The Treasury may make regulations determining a scale of fees to be paid for matters to be transacted or for the inspection of documents under this Act [F2 or the Friendly Societies (Long Term Insurance Business) Regulations 1987].

(2) The Treasury may by order provide that on the registration of, or of any amendment of the rules of, a society of any description specified in paragraphs (a) to (e) of section 7(1) above, fees may be charged in accordance with a scale determined by the Treasury under subsection (1) above, but, except in so far as an order so provides, no fees shall be payable on the registration of, or of any amendment of the rules of, any such society.

(3) The power to make an order under subsection (2) above includes power to vary or revoke such an order by a further order so made.

(4) Any power to make an order under this section shall be exercisable by statutory instrument, and a statutory instrument made in the exercise of any such power shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) All fees received by the Chief or an assistant registrar under or by virtue of this Act shall be paid into the Consolidated Fund.

Subordinate Legislation Made

P1 S. 104: s. 104 for previous exercises of power see Index of Government Orders.

P2 s. 104(1) power exercised by SI 1991/519.

Textual Amendments

F1 S. 104A substituted for s. 104 (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 45 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F2 Words inserted by S.I. 1987/2132, reg. 60(2)

[104A F3 Fees for inspection or copying of documents. U.K.

Before the Authority allows any person to inspect any document held by it in connection with this Act, or provides any person with a copy of any such document (or part of such document), it may charge that person a reasonable fee.]

Textual Amendments

F3 S. 104A substituted for S. 104 (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 13(1), Sch. 3 Pt. I para. 45 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

105 Exemptions from stamp duty. U.K.

Stamp duty shall not be chargeable upon any of the following documents, that is to say—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(b) a policy of insurance or appointment or revocation of appointment of an agent or other document required or authorised by this Act or by the rules of a registered society or branch.

Textual Amendments

F4 S. 105(a) repealed by Finance Act 1985 (c. 54, SIF 63:1), s. 98(6), Sch. 27 Pt. IX (2)

F5 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F5 S. 106 ceased to have effect (1.2.1993) by virtue of Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 45 (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3 and repealed (28.4.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5) and 93(4)); S.I. 1993/1186, art. 2, Sch. 3appendix.

107 Provision as to information supplied for purposes of national insurance and social security. U.K.

(1) Subject to any exceptions or conditions prescribed by regulations of the Secretary of State, the Secretary of State shall at the request of any person claiming benefit from a registered friendly society or branch provide the society or branch for the purposes of the claim with a copy or abstract of any medical certificate relating to that person and supplied by him to the Secretary of State for purposes of the enactment relating to F6 . . . social security.

(2) Where the Secretary of State furnishes a registered friendly society or branch, in connection with a claim for benefit from the society or branch, with information relating to a claim or award under those enactments, the expenses incurred in connection therewith by the Secretary of State or any other Government Department shall be treated as expenses in carrying those enactments into effect.

[F7 (2A) In the application of this section to Northern Ireland, references to the Secretary of State shall be construed as references to the Department of Health and Social Services for Northern Ireland.]

(3) Until the amendments of section 9 of the M1 Friendly Societies Act 1955 made by section 100(2)(a) of and paragraph 17 of Schedule 27 to the M2 Social Security Act 1973 come into force the foregoing provisions of this section shall have effect as set out in Schedule 7 to this Act.

Textual Amendments

F6 Words in s. 107(1) repealed (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.1 (with ss. 7(5) and 93(4)); S.I. 1993/2213, art. 2, Sch. 6. appendix.

F7 S. 107(2A) inserted (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para.46 (with ss. 7(5) and 93(4)); S.I. 1993/3226, art. 2, Sch. 2.

Marginal Citations

M1 1955 c. 19 (4 & 5 Eliz. 2.

M2 1973 c. 38.

108 Protection for members of registered societies joining the forces. U.K.

Anyprovision in the rules of a registered society or branch which purports to deprive persons of membership of the society or branch or of any interest therein by reason of their service in any of the naval, military or air forces of the Crown . . . shall be of no effect, and no person shall be fined for failure to attend any meeting of the society or branch or otherwise to comply with the rules thereof if the failure was due to his or her service as mentioned in this subsection.

109 Regulations. U.K.

(1) The Treasury may make regulations with respect to—

(a) registration and procedure under this Act, including, subject to sections 41(1) and 43(6) of this Act, the forms to be used for any purpose under this Act;

(b) the seal to be used [F8 by the Authority for the registration of any society or document (including any amendment to any document) under this Act, the Industrial and Provident Societies Act 1965, the Building Societies Act 1986, or the Friendly Societies Act 1992, or otherwise for sealing any document for the purposes of this Act or any of those Acts];

(c) the duties and functions of the [F9 Authority under this Act]; and

(d) the inspection of documents kept by the [F10 Authority] under this Act;

and generally for carrying this Act into effect.

(2) Any power of the Treasury, [F11 or the Secretary of State] to make regulations under this Act shall be exercisable by statutory instrument and a statutory instrument made in the exercise of any such power, other than an instrument containing only regulations under section [F12 9 or]42 above, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F13 (3) The Statutory Instruments Act 1946 shall apply to any power of the Chief Registrar under this Act to make regulations by statutory instrument as if he were a Minister of the Crown]

Textual Amendments

F8 Words in s. 109(1)(b) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8,, 13(1), Sch. 3 Pt. I para. 46(a)(i) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F9 Words in s. 109(1)(c) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 46(a)(ii) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F10 Word in s. 109(1)(d) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 46(a)(iii) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F11 Words in s. 109(2) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 46(b)(i) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F12 Words in s. 109(2) repealed (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1)(2), Sch. 3 Pt. I para. 46(b)(ii), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F13 S. 109(3) repealed (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1)(2), Sch. 3 Pt. I para. 46(c), Sch. 4 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

110 Evidence and deposit of documents. U.K.

[F14 (1) Any document bearing the seal or stamp of the Authority shall be received in evidence without further proof.

F14 (2) Any document purporting to have been signed by a person authorised to do so on behalf of the Authority, and every document purporting to be signed by any inspector or public valuer under this Act, shall, in the absence of any evidence to the contrary, be received in evidence without proof of the signature.

F14 (2A) In subsections (1) and (2), “document” means any document issued, received or created by the Authority (or, as the case may be, by any inspector or public valuer under this Act) for the purposes of or in connection with this Act.]

(3) All documents required by this Act to be sent to the [F15 Authority] shall be deposited with the rules of the societies to which the documents respectively relate and shall be registered or recorded by the [F15 Authority], with such observations thereon, if any, as [F16 it considers appropriate].

Textual Amendments

F14 S. 110(1)-(2A) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 47(a) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F15 Words in s. 110(3) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 47(b)(i) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)

F16 Words in s. 110(3) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 47(b)(ii) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)