Friendly Societies Act 1974

[F1 SCHEDULE 6A U.K. CONVERSION OF REGISTERED SOCIETIES INTO INDUSTRIAL AND PROVIDENT SOCIETIES: SUPPLEMENTARY

Textual Amendments

F1 Sch. 6A inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para.52 (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.

F2 1 U.K. This Schedule has effect in relation to any registered society (“ the society ”) which is registered under the [F3 Co-operative and Community Benefit Societies Act 2014] and, in this Schedule, “ registration ” means registration under that Act.

Textual Amendments

F2 Sch. 6A inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para.52 (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch.3.

F3 Words in Sch. 6A para. 1 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 30(2) (with Sch. 5)

F4 2 (1) On the registration of the society any appointment as trustee of the society or any branch of it shall determine. U.K.

(2) All officers of the society other than its trustees shall upon its registration become officers of the [F5 society registered under the Co-operative and Community Benefit Societies Act 2014 (the “new society”)] holding corresponding offices in that society.

Textual Amendments

F4 Sch. 6A inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para.52 (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.

F5 Words in Sch. 6A para. 2(2) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 30(3) (with Sch. 5)

Prospective

F6 3 U.K. Any agreement made, transaction effected or other thing done by, to or in relation to the society or any branch of it (whether registered or not) which is in force or effective immediately before its registration shall have effect as if made, effected or done by, to or in relation to the [F7 new] society, in all respects, as if the [F7 new] society were the same person as the society or branch and accordingly references to the society or branch—

(a) in any agreement (whether or not in writing) and in any deed, bond or instrument;

(b) in any process or other document issued, prepared or employed for the purposes of any proceeding before any court or other tribunal or authority; and

(c) in any other document whatsoever (other than an enactment) relating to or affecting any property, right or liability of the registered society or branch,

shall be taken as referring to the [F7 new] society.

Textual Amendments

F6 Sch. 6A inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para.52 (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.

F7 Words in Sch. 6A para. 3 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 30(4) (with Sch. 5)

F8 4 (1) Any agreement made by the society or any branch of it which is in force immediately before the society’s registration shall have effect as if— U.K.

(a) for references to members of the society or branch there were substituted references to members of the [F9 new] society;

(b) for references to officers of the society or branch other than its trustees there were substituted references to the corresponding officers of the [F9 new] society; and

(c) for references to the trustees of the registered society or branch there were substituted references to the [F9 new] society.

(2) References in sub-paragraph (1) above to an agreement include references to a deed, bond or other instrument.

(3) It is hereby declared for the avoidance of doubt that—

(a) the effect of section 84A of this Act in relation to any contract of employment with the society or any of its branches in force immediately before the society’s registration is merely to modify the contract by substituting the [F9 new] society as the employer (and not to terminate the contract or vary it in any other way); and

(b) that section is effective to vest the rights and liabilities of the society or branch under any agreement or arrangement for the payment of pensions, allowances or gratuities in the [F9 new] society along with all other rights and liabilities of the society or branch;

and accordingly any period of employment with the society or branch shall count for all purposes as a period of employment with the [F9 new] society.]

Textual Amendments

F8 Sch. 6A inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para.52 (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.

F9 Words in Sch. 6A para. 4 substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 30(4) (with Sch. 5)