Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

57 Provisions supplementary to the three preceding sections

(1) An industrial assurance company, and a collecting society, shall as soon after the commencement of this Act as facilities therefor can be obtained publish by advertisement in one or more newspapers in general circulation in every county where the company or society carries on business a statement approved by the Commissioner as sufficiently notifying the rights to make applications conferred by section fifty-four of this Act:

Provided that such a company or society shall not be under obligation to publish as aforesaid in any county if arrangements are made between the Commissioner and such companies and societies generally for the general publication by newspaper advertisement of such a statement, and such a statement is in accordance with those arrangements published during such period from the commencement of this Act as the Commissioner may allow in manner approved by him as satisfying the purposes of this subsection as respects that county.

(2) A notice under section twenty-three of the Industrial Assurance Act, 1923, served after the expiration of six months from the commencement of this Act as to a policy on which one year's premiums or more have been paid shall be of no effect unless, in addition to the matters required by that section to be stated, it contains a statement in such form as may be prescribed by regulations under this section of the effect of subsection (4) of section fifty-four of this Act.

(3) Subject to the provisions of the last preceding section a policy reinstated under section fifty-four or fifty-five of this Act after a forfeiture shall have effect, and be deemed always to have had effect, as if the forfeiture had not taken place:

Provided that nothing in this subsection shall be construed as authorising a company or society again to forfeit such a policy by reason of any non-payment of a relevant premium that occurred before the forfeiture.

(4) Regulations may be made by the Commissioner with the consent of the Treasury, by statutory instrument—

(a) as to procedure in connection with the making of applications under this Part of this Act, with the fixing, extending, terminating and shortening of periods of protection, and with appeals, including provision as to information to be furnished and the manner of verification thereof;

(b) for fixing limits of time for appeals ;

(c) as to the form and manner in which decisions of companies or societies, and of the Commissioner on appeals, are to be expressed and notified;

(d) for requiring notice to be given of the termination or shortening of periods of protection and shortly before such periods are about to end, and for extending such periods in cases in which there is default in giving such notice;

(e) for preventing forfeiture of a policy at a time when a right to make an application or appeal which would be prejudiced thereby is subsisting, or when such an application or appeal has been made and is pending;

(f) for enabling relief (including relief by way of reinstatement of a policy after forfeiture) to be granted in cases in which there has been failure to make an application or appeal within due time and there were good reasons for the failure;

(g) for other purposes for which provision is required for giving full effect to the preceding provisions of this Part of this Act.

(5) An industrial assurance company or a registered friendly society which contravenes or fails to comply with provisions of regulations under this section shall be guilty of an offence under the Industrial Assurance Act, 1923 (in the case of such a company or of such a society being a collecting society), or under the Friendly Societies Act, 1896 (in the case of such a society not being a collecting society).

(6) The Statutory Instruments Act, 1946, shall apply to a statutory instrument containing regulations under this section in like manner as if it had been made by a Minister of the Crown.

(7) No regulations under this section shall be mad unless a draft thereof has been approved by resolution of each House of Parliament:

Provided that regulations may be made under this section within three months from the date of the passing of this Act without a draft thereof having been approved as aforesaid, but regulations so made shall be laid before Parliament after being made and shall cease to have effect on the expiration of a period of twenty-eight days from the date on which they were made unless at some time before the expiration of that period they have been approved by a resolution of each House of Parliament, without prejudice however to anything previously done thereunder or to the making of new regulations.

In reckoning any such period of twenty-eight days no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.