Industrial and Provident Societies Act 1965 (repealed)

74 Interpretation—general. E+W+S

[F1 (1)] In this Act, except where the context otherwise requires, the following expressions have the following meanings respectively, that is to say—

• “ M1 Act of 1893”, means the Industrial and Provident Societies Act 1893;

• “amendment”, in relation to the rules of a registered society, includes a new rule, and a resolution rescinding a rule, of the society;

[F2 “the Authority” means the Financial Services Authority;]

• “committee”, in relation to a society, means the committee of management or other directing body of the society;

• “Companies Acts” includes the [F3 Companies Act 1985], any earlier enactment for the like purposes which has been repealed, and any law for the like purposes which is or has been in force in Northern Ireland or any of the Channel Islands;

• “Gazette”, in relation to a registered society, means such one or more of the following as may be appropriate in the circumstances of the case, that is to say—

  (a)

  the London Gazette if the society’s registered office is situated, [F4 or the society carries on business], in England, Wales or the Channel Islands;

  (b)

  the Edinburgh Gazette if the society’s registered office is situated, [F4 or the society carries on business], in Scotland;

  (c)

  the Belfast Gazette if the society’s rules are recorded in Northern Ireland;

• “heritable security” has the same meaning as in the M2 Conveyancing (Scotland) Act 1924 except that it includes a security constituted byex facieabsolute disposition or assignation;

• “land” includes hereditaments and chattels real, and in Scotland, heritable subjects of whatever description;

• “meeting”, in relation to a society, includes, where the rules of that society so allow, a meeting of delegates appointed by members;

• “officer”, in relation to a registered society, includes any treasurer, secretary, member of the committee, manager or servant of the society other than a servant appointed by the society’s committee, but does not include an [F5 auditor appointed by the society in accordance with the requirements of the M3 Friendly and Industrial and Provident Societies Act 1968];

• “persons claiming through a member”, in relation to a registered society, includes the heirs, executors or administrators and assignees of a member and, where nomination is allowed, his nominee;

• “prescribed” means prescribed by regulations under section 71 of this Act;

• “property” includes all real, personal or heritable and moveable estate, including books and papers;

• “registered” in relation to the name or an office of a society means for the time being registered under this Act;

• “registered rules”, in relation to a registered society, means the rules of the society registered or deemed to be registered under this Act as for the time being in force after any amendment thereof so registered;

• “registered society” means, subject to section 76 of this Act, a society registered or deemed to be registered under this Act.

[F6 (2) Any reference in this Act to the seal of the Authority is a reference to the seal provided for in regulations made under section 109(1)(b) of the Friendly Societies Act 1974 (and not to the Authority’s common seal), and any reference to a document sealed by the Authority is a reference to a document sealed with that seal.]

Textual Amendments

F1 S. 74 re-numbered as s. 74(1) (1.12.2001) by S.I. 2001/2617 , arts. 2(b) , 13(1) , Sch. 3 Pt. III para. 237 (with art. 13(3) , Sch. 5 ); S.I. 2001/3538 , art. 2(1)

F2 Definition in s. 74(1) inserted (1.12.2001) by S.I. 2001/2617 , arts. 2(b) , 13(1) , Sch. 3 Pt. III para. 237(a) (with art. 13(3) , Sch. 5 ); S.I. 2001/3538 , art. 2(1)

F3 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F4 Words in paragraphs (a) and (b) in definition in s. 74(1) substituted (1.12.2001) by S.I. 2001/2617 , arts. 2(b) , 13(1) , Sch. 3 Pt. III para. 237(b) (with art. 13(3) , Sch. 5 ); S.I. 2001/3538 , art. 2(1)

F5 Words substituted by Friendly and Industrial and Provident Societies Act 1968 (c. 55) , Sch. 1 para. 11

F6 S. 74(2) inserted (1.12.2001) by S.I. 2001/2617 , arts. 2(b) , 13(1) , Sch. 3 Pt. III para. 237(c) (with art. 13(3) , Sch. 5 ); S.I. 2001/3538 , art. 2(1)

Modifications etc. (not altering text)

C1 Ss. 67, 70, 71, 72–74 applied by Credit Unions Act 1979 (c. 34, SIF 55:3) , s. 31(2)

Marginal Citations

M1 1893 c. 39 .

M2 1924 c. 27 .

M3 1968 c. 55 .