Miscellaneous
Community benefit societies: power to restrict use of assets9
1
The Department may by regulations make provision for enabling any community benefit society, or any community benefit society of a prescribed kind, to ensure that—
a
assets of the society of a prescribed kind,
b
assets of the society specified by it in accordance with the regulations, or
c
all of the society's assets,
cannot be used or dealt with except in a case mentioned in paragraph (2).
2
The cases are—
a
where the use or dealing is, directly or indirectly, for a purpose that is for the benefit of the community and is of a prescribed kind or, if no kinds of purpose are prescribed under this sub-paragraph, for any purpose that is for the benefit of the community; or
b
where the circumstances are such as may be prescribed.
3
Where under the regulations a society has ensured as mentioned in paragraph (1) as respects any of its assets, the assets concerned shall be “dedicated assets” for the purposes of this Article.
4
Regulations under this Article may, in particular—
a
provide for the procedure by which a society may ensure as mentioned in paragraph (1);
b
provide for such of a society's registered rules as are of a prescribed kind to be unalterable, or for them to be alterable only in prescribed circumstances or in circumstances specified in rules of a prescribed kind;
c
provide that, in any circumstances prescribed under paragraph (2)(b), dedicated assets shall be dealt with in a prescribed way;
d
make provision for ensuring that any society, company or other person to whom any dedicated assets are transferred in prescribed circumstances cannot use or deal with those assets except in a case mentioned in paragraph (2);
e
provide for members of a society who lose property rights as a result of the society's ensuring as mentioned in paragraph (1) to be compensated for that loss (whether by payment of a prescribed amount or of an amount determined in a prescribed way or otherwise), subject to such exceptions as may be prescribed;
f
provide for the enforcement of provisions designed to ensure as mentioned in paragraph (1);
g
make provision for the carrying out of investigations by persons appointed by a prescribed person;
h
confer power on a prescribed person to require persons of a prescribed description to provide him with information in order to enable or assist him to perform any of his functions under the regulations;
i
provide for restrictions on the use and disclosure of information obtained by any person in the performance of any function under the regulations.
5
Regulations under this Article may—
a
impose criminal liability;
b
confer functions on a prescribed person;
c
confer jurisdiction on any court;
d
authorise a prescribed person to make rules, binding on persons of a prescribed description, for the purpose of enabling or assisting him to perform any of his functions under the regulations;
e
make provision as to the making, publication and enforcement of such rules;
f
provide for a prescribed person to charge fees sufficient to meet the costs of performing any of his functions under the regulations;
g
modify, exclude or apply (with or without modifications) any statutory provision or rule of law;
h
contain such incidental, consequential and supplemental provision as the Department considers appropriate.
6
Regulations under this Article may not create any new criminal offence punishable with imprisonment for more than seven years.
7
No regulations may be made under this Article unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.
8
In this Article—
“community benefit society” means a society registered (or deemed to be registered) under the principal Act which fulfils the condition in section 1(2)(b) of that Act;
“prescribed” means prescribed by regulations under this Article;
“registered rules” has the same meaning as in the principal Act.