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- Point in Time (04/05/2006)
- Original (As enacted)
Version Superseded: 01/04/2013
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There are currently no known outstanding effects for the Friendly Societies Act 1974, Section 91.
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[F1(1)Subject to the following provisions of this section, the Authority may by notice in writing cancel the registration of a society—
(a)at the request of the society, if the Authority thinks fit; or
(b)if the Authority is satisfied that—
(i)an acknowledgement of registration has been obtained by fraud or mistake;
(ii)the society exists for an unlawful purpose;
(iii)the society has wilfully and after notice from the Authority violated any provision of this Act;
(iv)the society has ceased to exist; or
(v)in the case of a society to which section 37(2) or (3) of the 1992 Act applies, the principal place of business of the society is outside the British Islands.
(1A)The request mentioned in subsection (1)(a) must be evidenced in such way as the Authority may direct.]
(2)Subject to the following provisions of this section, in any case falling within [F2any of sub-paragraphs (i) to (iv) of subsection (1)(b) above in which the Authority might cancel the registration of a society, it may by notice in writing],—
(a)suspend the registration of the society for a term not exceeding three months; and
(b)from time to time renew any such suspension for the like period.
(3)Subject to subsection (4) below, not less than two months’ previous notice in writing specifying briefly the ground of the proposed cancellation or suspension shall be given to a society by the [F3Authority before the society’s] registration is cancelled or suspended.
(4)Subsection (3) above shall not apply where the registration of a society is cancelled at its own request or under section 82(5), section 84(3) or section 85(4) above [F4or under any provision of the 1992 Act]; and if before the expiry of the period of notice under subsection (3) above a society duly lodges an appeal under section 92 below, the society’s registration shall not be cancelled before the date of determination or abandonment of the appeal.
(5)Where before the expiry of the period of notice under subsection (3) above of the proposed cancellation of a society’s registration the society duly lodges an appeal against the proposed cancellation under section 92 below, the [F5Authority may by notice in writing] suspend the society’s registration from the expiry of that period until the date of the determination or abandonment of the appeal.
(6)Where the registration of a society has been cancelled or suspended, notice shall forthwith be published in the Gazette and in some newspaper in general circulation in the neighbourhood of the society’s registered office.
(7)Where the registration of a society has been cancelled under subsection (1) above or suspended under subsection (2) or subsection (5) above, then, as the case may require,—
(a)from the time of the cancellation, or
(b)from the time of the suspension until the period of that suspension and any renewal of it under subsection (2)(b) above ends (whether on the expiry of that period or on a successful appeal under section 92 below against such a renewal),
the society shall not be entitled to any of the privileges of this Act as a registered society, but without prejudice to any liability actually incurred by the society (which liability may be enforced against it as if the cancellation or suspension had not taken place).
Textual Amendments
F1S. 91(1)(1A) substituted for s. 91(1) (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 35(a) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F2Words in s. 91(2) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 35(b) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F3Words in s. 91(3) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 35(c) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F4Words in s. 91(4) inserted (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 95, Sch. 16 para. 37 (with ss. 7(5) and 93(4)); S.I. 1993/16, art. 2, Sch. 3.
F5Words in s. 91(5) substituted (17.8.2001 for certain purposes, otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 35(d) (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
Modifications etc. (not altering text)
C1Ss. 87,91 applied by Financial Services Act 1986 (c. 60, SIF 69), ss. 140, 211(1), Sch. 11 para. 26(2)(3)
C2S. 91(1)(2) extended (1.2.1993 for the purpose of application of Financial Services Act 1986 to incorporated friendly societies and 1.1.1994 for all other purposes) by 1986 c. 60, Sch. 11 para. 26(2) as substituted (1.2.1993) by 1992 c. 40, s. 98, Sch. 18, Pt. II para. 16 (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2 Sch. 4; S.I. 1993/2213, art. 2, Sch. 5.
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