Friendly Societies Act 1992 (c. 40)

Part IV U.K. Authorisation of Friendly Societies’ Business

Supplementary U.K.

42 Contracts effected in contravention of section 31(1). U.K.

(1) Where a contract of insurance or for non-insurance benefits is entered into between a friendly society and a member in contravention of section 31(1) above the member may, subject to subsection (2) below, elect—

(a) to enforce the contract; or

(b) to recover any money paid by him under the contract, together with compensation for any loss sustained by him as a result of having parted with it;

and the compensation so recoverable shall be such as the parties may agree or as any court of competent jurisdiction may, on the application of either party, determine.

(2) Any such court may allow money paid by a member under a contract to which subsection (1) applies to be retained by the friendly society if it is satisfied—

(a) that the society reasonably believed that its entering into the contract did not constitute a contravention of section 31(1) above; and

(b) that it is just and equitable for the money to be retained.

(3) A member who recovers the money paid under a contract to which subsection (1) above applies—

(a) shall not be entitled to any benefits under the contract; and

(b) shall repay any money and return any other property received by him under the contract;

and, where any property so received has passed to a third party, the reference in this subsection to that property shall be construed as a reference to its value at the time at which it was received by the member.

(4) A contravention of subsection (1) of section 31 above shall not make a contract of insurance or contract for non-insurance benefits illegal or invalid to any greater extent than is provided in this section; and a contravention of that subsection in respect of a contract of insurance shall not affect the validity of any reinsurance contract entered into in respect of that contract.

Commencement Information

I1 S. 42 wholly in force; s. 42 not in force at Royal Assent see s. 126(2); s. 42 in force for certain purposes at 13.1.1993 by S.I. 1993/16, art. 2, Sch. 1; s. 42 in force for all remaining purposes at 13.9.1993 by S.I. 1993/2213, art. 2(1), Sch. 2

43 Interpretation of Part IV. U.K.

In this Part of this Act—

• “authorisation” and related expressions shall be construed in accordance with section 32(9) above;

• “class”, in relation to insurance business, means a class specified in Schedule 2 to this Act;

• “contract for non-insurance benefits” means a contract effected in the course of carrying on any non-insurance business;

• “friendly society”, in relation to a registered friendly society with branches, means the central body and the branches of the society;

• “industrial assurance business” has the meaning given in section 1(2) of the M1 Industrial Assurance Act 1923 or Article 3(1) of the M2 Industrial Assurance (Northern Ireland) Order 1979;

• “the 1987 Regulations” means the M3 Friendly Societies (Long Term Insurance Business) Regulations 1987.

Commencement Information

I2 S. 43 wholly in force; s. 43 not in force at Royal Assent see s. 126(2); s. 43 in force for certain purposes at 13.1.1993 by S.I. 1993/16, art. 2, Sch. 1; s. 43. in force for all remaining purposes at 13.9.1993 by S.I. 1993/2213, art. 2(1), Sch. 2

Marginal Citations

M1 1923 c.8.

M2 S.I. 1979/1514 (N.I.13).

M3 S.I.1987/2132.