Friendly Societies Act 1974

89 Power of Chief Registrar to require production of documents. E+W+S

(1) The Chief Registrar may at any time, if he thinks there is good reason to do so—

(a) give directions to a registered friendly society requiring the society, at such time and place as may be specified in the directions, to produce such books or papers as may be so specified; or

(b) authorise an officer of the central office, on producing (if required to do so) evidence of his authority, to require a registered friendly society to produce to him forthwith any books or papers which the officer may specify.

(2) Where by virtue of subsection (1) above the Chief Registrar or any officer of the central office has power to require the production of any books or papers from a registered friendly society, the Chief Registrar or officer shall have the like power to require production of those books or papers from any person who appears to the Chief Registrar or officer to be in possession of them; but where any such person claims a lien on books or papers produced by him, the production shall be without prejudice to the lien.

(3) Any power conferred by or by virtue of this section to require a registered friendly society or other person to produce books or papers includes power—

(a) if the books or papers are produced, to take copies of them or extracts from them and to require that person, or any other person who is an officer or former officer of, or is or was at any time employed by, the society in question, to provide an explanation of them;

(b) if the books or papers are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(4) Subject to subsection (5) below, if a requirement to produce books or papers or provide an explanation or make a statement which is imposed by virtue of this section is not complied with, the society or other person on whom the requirement was so imposed shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1 level 5 on the standard scale].

(5) Where a person is charged with an offence under subsection (4) above in respect of a requirement to produce any books or papers, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirement.

(6) A statement made by a person in compliance with a requirement imposed by virtue of this section, including any explanation provided under subsection (3)(a) above, may be used in evidence against him.

(7) The provisions of this section apply in relation to a registered branch of a registered friendly society as they apply in relation to such a society.

Textual Amendments

F1 Words substituted (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G

Modifications etc. (not altering text)

C1 Ss. 88,89 applied with modifications by Financial Services Act 1986 (c. 60, SIF 69), ss. 140, 211(1), Sch. 11 para. 26(2)(3)