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- Point in Time (16/10/1992)
- Original (As enacted)
Version Superseded: 01/02/1993
Point in time view as at 16/10/1992. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Friendly Societies Act 1974, Section 98.
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(1)It shall be an offence under this Act if—
(a)a registered society or branch or an officer or member thereof fails to give any notice, send any return or document, or do or allow to be done anything which the society, branch, officer or member is by this Act required to give, send, do or allow to be done; or
(b)a registered society or branch or an officer or member thereof wilfully neglects or refuses to do any act or to furnish any information required for the purposes of this Act by the Chief or an assistant registrar or by any other person authorised under this Act, or does anything forbidden by this Act; or
(c)a registered society or branch or an officer or member thereof makes a return or wilfully furnishes information in any respect false or insufficient, being a return or information required for the purposes of this Act; or
(d)an officer or member of a body which, having been a branch of a society, has wholly seceded or been expelled from that society, thereafter uses the name of that society or any name implying that the body is a branch of that society or the number by which that body was designated as such a branch; or
(e)where a dispute is referred under this Act to the Chief or an assistant registrar, or a complaint is made under section 83 above to the Chief Registrar, a person refuses to attend or to produce any documents, or to give evidence before the Chief or assistant registrar; or
(f)a society or branch, whether registered or unregistered, pays money on the death of a child under ten years of age otherwise than as is provided by this Act; or
(g)a parent or personal representative of the parent claiming money on the death of a child produces a certificate of the death other than as is in this Act provided to the society or branch from which the money is claimed, or produces a false certificate or one fraudulently obtained, or in any way attempts to defeat the provisions of this Act with respect to payments upon the death of children.
(2)Nothing in subsection (1) above shall apply to any act, omission or contravention which constitutes an offence by virtue of any provision of this Act other than that subsection or to any act, omission or contravention which by virtue of any such provision constitutes an offence under the M1Industrial Assurance Act 1923.
(3)A society or branch and any officer or member of a society or branch or other person guilty of an offence under this Act, other than an offence for which some other penalty is expressly provided by this Act, shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale].
(4)If an officer of a friendly society or any other person aids or abets in the amalgamation or transfer of engagements or in the dissolution of a friendly society otherwise than as provided in this Act, he shall be liable on summary conviction to a fine not exceeding [F1level 4 on the standard scale].
(5)Where a registered society or branch is guilty of an offence under this Act, every officer of the society or branch who is bound by the rules thereof to fulfil any duty whereof the offence is a breach, or if there is no such officer then every member of the committee other than a member who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall be liable to the same penalty as if he had committed the offence.
(6)Every default under this Act which constitutes an offence shall, if it continues, constitute a new offence in every week during which the default continues.
(7)Subject to subsection (8) below, notwithstanding any limitation on the time for the taking of proceedings contained in any enactment, summary proceedings for offences under this Act which are instituted by the Chief Registrar or any assistant registrar or by the procurator fiscal may be commenced at any time within one year of the first discovery thereof by the registrar, but not in any case after more than three years from the commission of the offence.
(8)Subsection (7) above shall not apply where the society or branch by or in respect of which, or the person by or in respect of whom, the offence is alleged to have been committed is a collecting society or an officer of such a society (for which cases corresponding provision is made by section 39(5) of the M2Industrial Assurance Act 1923).
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