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- Point in Time (06/04/2005)
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Version Superseded: 20/07/2005
Point in time view as at 06/04/2005.
There are currently no known outstanding effects for the Friendly Societies Act 1992, SCHEDULE 21.
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Section 120.
1U.K.The duty of the Chief Registrar to lay before Parliament the documents mentioned in section 27 of the M1Loan Societies Act 1840 (accounts etc of loan societies) is abolished.
Marginal Citations
2U.K.In sections 10 (disputes) and 11 (fees on reference of disputes) of the M2National Savings Bank Act 1971 for the word “Registrar", in each place where it occurs, there shall be substituted the word “ adjudicator ”.
Commencement Information
I1Sch. 21 paras. 2-4 wholly in force at 1.1.1993 see s. 126(2) and S.I. 1992/3117, art. 2(iii).
Marginal Citations
3U.K.In section 27 of that Act for the definition beginning “the Registrar" there shall be substituted—
““the adjudicator” means the adjudicator appointed under section 84 of the Friendly Societies Act 1992”.
Commencement Information
I2Sch. 21 paras. 2-4 wholly in force at 1.1.1993 see s. 126(2) and S.I. 1992/3117, art. 2(iii).
4U.K.For section 5 of the M3National Debt Act 1972 there shall be substituted the following section—
(1)If a dispute arises between the Director of Savings and the holder of any stock registered in the register or a person claiming to be entitled to any such stock, the matter in dispute shall be referred in writing to a person (“the adjudicator”) appointed under section 84 of the Friendly Societies Act 1992.
(2)On a reference under the foregoing subsection the adjudicator may proceed ex parte on notice in writing sent by post to the Director of Savings, and may inspect the register and may administer oaths to any witnesses appearing before him, and his award on the matter in dispute shall be final and binding on all parties.”
Commencement Information
I3Sch. 21 paras. 1-4 wholly in force at 1.1.1993 see s. 126(2) and S.I. 1992/3117, art. 2(iii).
Marginal Citations
5(1)Section 23 of the M4Solicitors Act 1974 (preparation of papers for probate etc. by unqualified persons) shall be amended as follows.U.K.
(2)In subsection (2), after paragraph (h) there shall be inserted the following paragraph—
“(i)a jointly controlled body or subsidiary—
(i)whose business, or any part of whose business, consists of acting as trustee or executor; and
(ii)which satisfies those conditions.”
(3)After subsection (2A) there shall be inserted the following subsection—
“(2B)In subsection (2)(i) “jointly controlled body” and “subsidiary” have the meanings given by section 13 of the Friendly Societies Act 1992.”
6(1)In section 49 of the M5Insurance Companies Act 1982, (sanction of court for transfer of long term business) at the beginning of subsection (1) there shall be inserted “ Subject to section 49A below ”.U.K.
(2)After that section there shall be inserted the following section—
(1)Section 49 above applies, with the following adaptations, to a transfer of business to an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992.
(2)In subsection (3)(c) (service of documents), after the words “the Secretary of State" there shall be inserted the words “and on the Friendly Societies Commission".
(3)In subsection (5) (persons entitled to be heard on petition), in paragraph (a) after the words “the Secretary of State" there shall be inserted the words “and the Friendly Societies Commission".
(4)In subsection (6) (requirement that transferee company be authorised to carry on long term business), for the words “authorised under section 3 or 4 above" there shall be substituted the words “authorised under Part IV of the Friendly Societies Act 1992."”
Marginal Citations
F17U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 21 para. 7 repealed (6.4.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), s. 65(1), Sch. 8; S.I. 2004/3322, art. 2(2), Sch. 2
8U.K.After section 22A of the M6Company Directors Disqualification Act 1986 (application of Act to building societies) there shall be inserted the following section—
(1)This Act applies to incorporated friendly societies as it applies to companies.
(2)References in this Act to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society.
(3)In relation to an incorporated friendly society every reference to a shadow director shall be omitted.
(4)In the application of Schedule 1 to the members of the committee of management of an incorporated friendly society, references to provisions of the Insolvency Act or the Companies Act include references to the corresponding provisions of the Friendly Societies Act 1992.”
Marginal Citations
9U.K.In section 84(1) of the M7Banking Act 1987 (disclosure of information obtained under that Act), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made, after the entry beginning “The Chief Registrar of friendly societies" there shall be inserted the following entry—
“The Friendly Societies Commission. | Functions under the enactments relating to friendly societies or under the Financial Services Act 1986.” |
Marginal Citations
F210U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 21 para. 10 repealed (1.12.2001) by S.I. 2001/3629, art. 109, Sch.
11U.K.In section 87 of the M8Companies Act 1989 (disclosure of information obtained under that Act), in subsection (4), in the Table showing the authorities to which, and functions for the purposes of which, disclosure may be made after the entry beginning “The Chief Registrar of friendly societies" there shall be inserted the following entry—
“The Friendly Societies Commission. | Functions under the enactments relating to friendly societies or under the Financial Services Act 1986.” |
F312U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 21 para. 12 repealed (1.1.1994) by S.I. 1993/3084, reg.9
F413U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 21 para. 13 repealed (1.1.1994) by S.I. 1993/3084, reg.9
F514U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 21 para. 14 repealed (1.1.1994) by S.I. 1993/3084, reg.9
F615U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 21 para. 15 repealed (1.1.1994) by S.I. 1993/3084, reg.9
F716U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 21 para. 16 repealed (1.1.1994) by S.I. 1993/3084, reg.9
F817U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 21 para. 17 repealed (1.1.1994) by S.I. 1993/3084, reg.9
18U.K.In section 171(2) of the M9Social Security Contributions and Benefits (Northern Ireland) Act 1992, after “157" there shall be inserted the words “ and regulations made by the Chief Registrar of friendly societies under paragraph 10(2) of Schedule 1 to this Act. ”
19(1)In Schedule 1 to that Act, in paragraph 10(2)—U.K.
(a)for the words “Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ Friendly Societies Act 1974 ”; and
(b)for the words “Registrar of Friendly Societies for Northern Ireland" there shall be substituted “ Chief Registrar of Friendly Societies ”.
(2)In that Schedule, in paragraph 10 for sub-paragraph (3) there shall be substituted the following sub-paragraph—
“(3)The power conferred by sub-paragraph (2) above on the Chief Registrar of Friendly Societies to make regulations shall be exercisable by statutory instrument, and—
(a)the Statutory Instruments Act 1946 shall apply to that power as if the Chief Registrar were a Minister of the Crown, and
(b)section 171(3) to (5) above shall apply to those regulations as they apply to regulations made by the Department.”
F920U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 21 Pt. II para. 20 repealed (16.7.1996) by S.I. 1996/1298 (N.I. 8) art. 21(2), Sch. 6
21U.K.In section 101(1) of the M10Industrial and Provident Societies Act (Northern Ireland) Act 1969, in the definition of “registrar", for the words “friendly societies" there shall be substituted “ credit unions ”.
Marginal Citations
[F1022U.K.In Article 67(1) of the commref NUM="M845">Social Security Pensions (Northern Ireland) Order 1975 for the words “Registrar of Friendly Societies for Northern Ireland" there shall be substituted “ Chief Registrar of Friendly Societies ”.]
Textual Amendments
F10By this it is provided that Sch. 21 para. 22 is repealed (N.I.) (7.2.1994) by 1993 c. 49, s. 182(1), Sch. 4; S.R. 1994/17, art. 2
Modifications etc. (not altering text)
C1Sch. 21 para. 22 expressed to be repealed (7.2.1994) by 1993 c. 49, s. 182, Sch. 4
[F1123U.K.In Article 67(4) of that Order for the words “Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ Friendly Societies Act 1974 ”.]
Textual Amendments
F11By this it is provided that Sch. 21 para. 23 is repealed (N.I.) (7.2.1994) by 1993 c. 49, s. 182(1), Sch. 4; S.R. 1994/17, art. 2
Modifications etc. (not altering text)
C2Sch. 21 para. 23 expressed to be repealed (7.2.1994) by 1993 c. 49, s. 182, Sch. 4
24U.K.In Article 7(5) of the M11Statutory Rules (Northern Ireland) Order 1979 for the words “Friendly Societies" there shall be substituted “ Credit Unions ”.
Marginal Citations
25U.K.In Part I of Schedule 1 to that Order, for the words “The Registrar of Friendly Societies for Northern Ireland" there shall be substituted “ The Registrar of Credit Unions for Northern Ireland ”.
26U.K.In Article 114 of the M12Housing (Northern Ireland) Order 1981, in the definition of “registrar", for the words “of Friendly Societies for Northern Ireland" there shall be substituted “ for the purposes of the Act of 1969 ”.
Marginal Citations
27U.K.In Article 3(10) of the M13Property (Discharge of Mortgage by Receipt)(Northern Ireland) Order 1983 for the words “section 48 of the Friendly Societies Act (Northern Ireland) 1970" there shall be substituted “ section 57A of the Friendly Societies Act 1974 ”.
Marginal Citations
28U.K.In Article 2(2) of the M14Credit Unions (Northern Ireland) Order 1985 for the definition of “registrar" there shall be substituted—
““registrar” has the meaning assigned to it by Article 2A;”.
Marginal Citations
29U.K.After Article 2 there shall be inserted the following Article—
(1)The person appointed by the Head of the Department to perform in Northern Ireland the functions of registrar under this Order shall be known as the Registrar of Credit Unions for Northern Ireland (in this Order referred to as “the registrar").
(2)A person appointed by the Department to assist the registrar shall be known as the Assistant Registrar of Credit Unions for Northern Ireland (in this Order referred to as “the assistant registrar").
(3)Anything which is required or authorised to be done by or to the registrar under this Order may be done by or to the assistant registrar.”
30(1)In Article 442 of the M15Companies (Northern Ireland) Order 1986, in paragraph (1), after sub-paragraph (dd) there shall be inserted the following sub-paragraphs—U.K.
“(de)for the purpose of enabling or assisting the Chief Registrar of friendly societies or the Assistant Registrar of friendly societies for Scotland to discharge their functions under the enactments relating to friendly societies;
(df)for the purpose of enabling or assisting the Friendly Societies Commission to discharge its functions under the Financial Services Act 1986.”
(2)In paragraph (3) of that Article, after sub-paragraph (j) there shall be inserted the following sub-paragraph—
“(jj)the Friendly Societies Commission”.
Marginal Citations
31U.K.After Article 2 of the M16Companies (Northern Ireland) Order 1989 there shall be inserted the following Article—
(1)This Order applies to incorporated friendly societies as it applies to companies.
(2)References in this Order to a company, or to a director or an officer of a company include, respectively, references to an incorporated friendly society within the meaning of the Friendly Societies Act 1992 or to a member of the committee of management or officer, within the meaning of that Act, of an incorporated friendly society.
(3)In relation to an incorporated friendly society every reference to a shadow director shall be omitted.
(4)In the application of Schedule 1 to the members of the committee of management of an incorporated friendly society, references to provisions of the Insolvency Order or the Companies Order include references to the corresponding provisions of the Friendly Societies Act 1992.”
Marginal Citations
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