- Latest available (Revised)
- Point in Time (31/12/1993)
- Original (As enacted)
Version Superseded: 01/01/1994
Point in time view as at 31/12/1993.
There are currently no known outstanding effects for the Friendly Societies Act 1974, Cross Heading: General provisions.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In this Act, unless a contrary intention appears,—
“amendment of rule” includes a new rule and a resolution rescinding a rule;
“annual return” shall be construed in accordance with section 43 above;
“branch” means any number of the members of a society, under the control of a central body, having a separate fund administered by themselves or by a committee or officers appointed by themselves, and bound to contribute to a fund under the control of a central body;
“the central registration area” has the meaning assigned to it by section 4(2) above;
“collecting society” has the same meaning as in the M1Industrial Assurance Act 1923 [F1or the Industrial Assurance (Northern Ireland) Order 1979];
[F2“Commission” means the Friendly Societies Commission;]
“committee” means the committee of management or other directing body of a society or branch;
“the Companies Acts” means the [F3Companies Act 1985 [F1or, in Northern Ireland, the Companies (Northern Ireland) Order 1986]]and any earlier enactment for the like purposes which has been repealed;
“exempt society” and “exempt branch” shall be construed in accordance with section 31(4) above;
“Gazette”, in relation to a registered society or branch, means—
the London Gazette if the registered office of the society or branch is situated in the central registration area;
the Edinburgh Gazette if the registered office of the society or branch is situated in Scotland;
[F4(c)the Belfast Gazette if the registered office of the society or branch is in Northern Ireland]
“land” includes any interest in land and, in Scotland, heritable subjects of whatever description;
“meeting” includes, where the rules of a society or branch so allow, a meeting of delegates appointed by members;
“officer” includes any trustee, treasurer, secretary, or member of the committee of management of a society or branch or any person appointed by the society or branch to sue and be sued on its behalf;
“persons claiming through a member” includes the nominees of the member where nomination is allowed;
“property” extends to all property, whether real or personal, including books and papers and (in Scotland) to all heritable and moveable estate;
“proposal”, in relation to an insurance, includes an application for an insurance;
“qualified actuary” has the meaning assigned to it by section 9(3) above;
“registered”, in relation to a society or branch, means registered under this Act or any other enactment (whether similar in extent to this Act or not) which at any time before the commencement of this Act made provision for registration similar to that made by this Act;
“signed”, in relation to a body corporate means sealed; and
[F2“the 1992 Act” means the Friendly Societies Act 1992]
“Treasury regulations” means any regulations made and approved by the Treasury and in force under this Act.
(2)Any reference in this Act to a particular type of society shall be construed in accordance with section 7(1) above.
(3)Any reference in this Act to the registrar for a registration area shall be construed—
(a)in relation to the central registration area as a reference to the central office; and
(b)in relation to Scotland as a reference to the assistant registrar for Scotland;
and any reference in this Act to the registrar, in relation to a society or branch, is a reference to the registrar for the registration area in which the registered office of the society or branch is for the time being, or is to be.
(4)In this Act “year of account” in relation to a registered society or branch, means, with respect to the year in which it is first registered, the period beginning with the date of registration and ending with 31st December of that year and, in any other case, a period of twelve months ending with 31st December; and
(a)“the current year of account”, in relation to the appointment of an auditor or auditors, means the year of account in which the question of that appointment arises; and
(b)“the preceding year of account” means the year of account immediately preceding the current year of account.
(5)In the application of this Act to Scotland “heritable security” means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt, and of being recorded in the Register of Sasines.
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Act.
Textual Amendments
F1Words in s. 111(1) added and inserted (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 48(a)(c) (with ss. 7(5) and 93(4)); S.I. 1993/3226, art. 2, Sch. 2.
F2Definitions in s. 111(1) inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 48(b)(e) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.
F3Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
F4Paragraph (c) in the definition of "Gazette" in s. 111(1) inserted (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 48(d) (with ss. 7(5) and 93(4)); S.I. 1993/3226, art. 2, Sch. 2.
F5S. 111(6) repealed (1.1.1994) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt. I (with ss. 7(5) and 93(4)); S.I. 1993/3226, art. 2, Sch. 2appendix.
Marginal Citations
(1)In this Act, unless a contrary intention appears,—
“amendment of rule” includes a new rule and a resolution rescinding a rule;
“annual return” shall be construed in accordance with section 43 above;
“branch” means any number of the members of a society, under the control of a central body, having a separate fund administered by themselves or by a committee or officers appointed by themselves, and bound to contribute to a fund under the control of a central body;
“the central registration area” has the meaning assigned to it by section 4(2) above;
“collecting society” has the same meaning as in the M4Industrial Assurance Act 1923 [F6or the Industrial Assurance (Northern Ireland) Order 1979];
[F7“Commission” means the Friendly Societies Commission;]
“committee” means the committee of management or other directing body of a society or branch;
“the Companies Acts” means the [F8Companies Act 1985 [F6or, in Northern Ireland, the Companies (Northern Ireland) Order 1986]]and any earlier enactment for the like purposes which has been repealed;
“exempt society” and “exempt branch” shall be construed in accordance with section 31(4) above;
“Gazette”, in relation to a registered society or branch, means—
the London Gazette if the registered office of the society or branch is situated in the central registration area;
the Edinburgh Gazette if the registered office of the society or branch is situated in Scotland;
[F9(c)the Belfast Gazette if the registered office of the society or branch is in Northern Ireland]
“land” includes any interest in land and, in Scotland, heritable subjects of whatever description;
“meeting” includes, where the rules of a society or branch so allow, a meeting of delegates appointed by members;
“officer” includes any trustee, treasurer, secretary, or member of the committee of management of a society or branch or any person appointed by the society or branch to sue and be sued on its behalf;
“persons claiming through a member” includes the nominees of the member where nomination is allowed;
“property” extends to all property, whether real or personal, including books and papers and (in Scotland) to all heritable and moveable estate;
“proposal”, in relation to an insurance, includes an application for an insurance;
“qualified actuary” has the meaning assigned to it by section 9(3) above;
“registered”, in relation to a society or branch, means registered under this Act or any other enactment (whether similar in extent to this Act or not) which at any time before the commencement of this Act made provision for registration similar to that made by this Act;
“signed”, in relation to a body corporate means sealed; and
[F7“the 1992 Act” means the Friendly Societies Act 1992]
“Treasury regulations” means any regulations made and approved by the Treasury and in force under this Act.
(2)Any reference in this Act to a particular type of society shall be construed in accordance with section 7(1) above.
(3)Any reference in this Act to the registrar for a registration area shall be construed—
(a)in relation to the central registration area as a reference to the central office; and
(b)in relation to Scotland as a reference to the assistant registrar for Scotland;
and any reference in this Act to the registrar, in relation to a society or branch, is a reference to the registrar for the registration area in which the registered office of the society or branch is for the time being, or is to be.
(4)In this Act “year of account” in relation to a registered society or branch, means, with respect to the year in which it is first registered, the period beginning with the date of registration and ending with 31st December of that year and, in any other case, a period of twelve months ending with 31st December; and
(a)“the current year of account”, in relation to the appointment of an auditor or auditors, means the year of account in which the question of that appointment arises; and
(b)“the preceding year of account” means the year of account immediately preceding the current year of account.
(5)In the application of this Act to Scotland “heritable security” means any security capable of being constituted over any interest in land by disposition or assignation of that interest in security of any debt, and of being recorded in the Register of Sasines.
F10[(6)Without prejudice to section 115 below, references in this Act to a registered society or branch shall not include a society or branch registered in Northern Ireland.]
(7)Except in so far as the context otherwise requires, any reference in this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment, including this Act.
Textual Amendments
F6Words in s. 111(1) added and inserted (prosp.) by Friendly Societies Act 1992 (c. 40), ss. 95, 126(2), Sch. 16 para. 48(a)(c) (with ss. 7(5) and 93(4)).
F7Definitions in s. 111(1) inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 48(b)(e) (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.
F8Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
F9Paragraph (c) in the definition of "Gazette" in s. 111(1) inserted (prosp.) by Friendly Societies Act 1992 (c. 40), ss. 95, 126(2), Sch. 16 para. 48(d) (with ss. 7(5) and 93(4)).
F10S. 111(6) repealed (prosp.) by Friendly Societies Act 1992 (c. 40), ss. 120(2), 126(2), Sch. 22 Pt.I (with ss. 7(5) and 93(4)).
Marginal Citations
(1)Subject to any express provision of this Act with respect to the Isle of Man, this Act in its application to the Isle of Man shall have effect subject to such adaptations and modifications as Her Majesty may by Order in Council specify.
(2)Any Order in Council under subsection (1) above may be varied or revoked by a subsequent Order in Council so made.
(1)Subject to any express provision of this Act with respect to the Channel Islands, this Act in its application to those Islands shall have effect subject to such adaptations and modifications as Her Majesty may by Order in Council specify.
(2)Any Order in Council under subsection (1) above may be varied or revoked by a subsequent Order in Council so made.
Where any sum of money becomes payable on the death of a person entitled to make a nomination under this Act but domiciled in any of the Channel Islands or the Isle of Man, that sum shall, in default of any such nomination, be paid to the deceased’s legal representative according to the law of the Island in which the deceased was domiciled.
(1)The Treasury may make reciprocal arrangements with the Department of Commerce for Northern Ireland or such other authority as may be specified for the purposes of this subsection by any Measure of the Northern Ireland Assembly with a view to securing that, on and after the commencement of this Act,—
(a)the law applicable in England and Wales, the Channel Islands or the Isle of Man to societies registered at the central office and the law applicable in Scotland to societies registered by the assistant registrar for Scotland may be applied, in such cases and subject to such modifications as may be provided in the arrangements, to societies registered in Northern Ireland; and
(b)the law applicable in Northern Ireland to societies registered there may be applied, in such cases and subject to such modifications as may be provided in the arrangements, to societies registered at the central office or by the assistant registrar for Scotland.
(2)The Treasury may make regulations for giving effect to any arrangements made under subsection (1) above, and such regulations may in particular—
(a)confer rights and obligations (appropriate to registered societies) under this Act on societies registered in Northern Ireland in such circumstances as may be specified in the regulations;
(b)confer functions on the Chief Registrar, the central office and the assistant registrar for Scotland in relation to societies registered in Northern Ireland; and
(c)make such modifications of this Act and the M2Government of Ireland (Companies, Societies, etc.) Order 1922 as appear to the Treasury to be expedient to give effect to the arrangements.
(3)Any reference in this section to societies registered in Northern Ireland is a reference to societies which are registered or deemed to be registered in Northern Ireland under any enactment of the Parliament of Northern Ireland or any Measure of the Northern Ireland Assembly corresponding, in either case, to this Act.
Marginal Citations
M2S.R. & O. 1922 No. 184.
(1)The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments specified in that Schedule.
(2)The transitory provisions in Schedule 10 to this Act shall haveeffect.
(3)The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of section 38 of the M3Interpretation Act 1889 (which relates to the effect of repeals).
(4)Subject to subsection (2) above, the enactments specified in Schedule 11 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Modifications etc. (not altering text)
C1The text of s. 116(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations
(1)This Act may be cited as the Friendly Societies Act 1974.
(2)This section, sections 112, 113 and 115 above and so much of section 109 above as relates to regulations under section 115 shall come into operation on the passing of this Act and the other provisions of this Act shall come into operation on such days as the Treasury may by order made by statutory instrument appoint.
Any reference in this Act to the commencement of this Act is a reference to the day appointed under this subsection.
(3)This Act extends to the Isle of Man and the Channel Islands but does not extend to Northern Ireland.
Modifications etc. (not altering text)
C21.4.1975 appointed under s. 117(2) by S.I. 1975/204 for all provisions not coming into operation on passing of the Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: