- Latest available (Revised)
- Point in Time (28/04/1993)
- Original (As enacted)
Version Superseded: 01/01/1994
Point in time view as at 28/04/1993.
There are currently no known outstanding effects for the Industrial Assurance and Friendly Societies Act 1948 (Repealed).
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The powers to insure conferred on [F1collecting societies] and on industrial assurance companies by the following enactments in . . . F2 the M1Industrial Assurance Act 1923 and the M2Industrial Assurance and Friendly Societies Act 1929 (in this Act referred to respectively as . . . F2 the Act of 1923 and the Act of 1929) shall cease to be exercisable at the expiration of one year from the day appointed for the coming into operation of section twenty-two of the M3National Insurance Act 1946 that is to say—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(b)section three of the Act of 1923 (which relates to insuring money for funeral expenses); and
(c)section one of the Act of 1929 (which relates to insuring money to be paid on the duration of a life for a specified period, either with or without provision for a payment in the event of a death before the expiration of the period but subject to a limitation of any payment at death to an amount reasonable for funeral expenses):
Provided that—
(a)this section shall apply only to insurances where the funeral expenses in question are those, or the life in question is that, of a person who at the time of the proposal is ordinarily resident in [F4Great Britain or the Isle of Man]; and
(b)nothing in this section shall prejudice any insurance effected in exercise of any of the said powers before the expiration of one year from the day appointed as aforesaid, or any rights or liabilities in respect of any such insurance.
Textual Amendments
F1Words substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 6
F2Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
F3S. 1(a) repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
F4Words substituted by S.I. 1948/2578 (Rev. VIII, p. 927: 1948 I, p. 1617)
Marginal Citations
(1)Amongst the purposes for which . . . F5 industrial assurance companies may insure shall be included insuring money to be paid . . . F5 to the person insured . . . F5 on the death of a parent or grandparent of his:
Provided that this subsection shall apply only where the death in question is that of a person who at the time of the proposal is ordinarily resident in [F6Great Britain or the Isle of Man.]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
(2)Such a . . . F5 company shall not, in effecting an insurance at any time in exercise of the power conferred by the preceding subsection, insure to be paid to any person on the death of any one of his parents or grandparents any sum which (either taken alone or when added to any sum or sums for the time being insured to be paid to that person on that death under any other relevant insurance or insurances taken out by him) exceeds [F8thirty pounds] and, where an insurance has been effected in exercise of that power, shall not—
(a)by virtue of or in connection with that insurance, pay to any person any sum which exceeds [F8thirty pounds] when taken alone, or
(b)by virtue of or in connection with that insurance, pay to the person by whom that insurance was taken out any sum which exceeds [F8thirty pounds] when added to any sum or sums paid to him, on the death on which money was thereby insured to be paid, by virtue of or in connection with any other relevant insurance taken out by him, or
(c)if any payment has been made on that death by virtue of or in connection with that insurance to the person by whom it was taken out and has not been repaid, pay to him on that death, by virtue of or in connection with any other relevant insurance taken out by him, any sum which exceeds [F8thirty pounds] when added to the amount so paid and not repaid, or when added to it and to any sum or sums paid to him on that death by virtue of or in connection with any other relevant insurance or insurances taken out by him:
Provided that there shall be excluded for the purposes of this subsection any sum insured to be paid, or paid,—
(i)by way of bonus other than a guaranteed bonus;
(ii)by way of repayment of premiums; or
(iii)under a free paid-up policy which is in force as such at, or has been applied for or claimed before, the passing of this Act.
(3)The provisions of the First Schedule to this Act shall have effect . . . F7 as to the production of certificates of death in connection with the making of payments relevant for the purposes of the last preceding subsection.
(4)Where under any relevant insurance money is for the time being insured to be paid to the person by whom the insurance was taken out on the death of a parent or grandparent of his, any assignment or charge made by him after the passing of this Act of or on all or any of the rights in respect of the insurance conferred on him by the policy or by any provision of the Industrial Assurance Acts 1923 to 1929, or of this Act, and any agreement so made by him to assign or charge all or any of those rights, shall (except in the case of a charge or agreement to charge for the purpose only of securing sums paid for keeping on foot or restoring the insurance) be void, and on any bankruptcy of his [F9where the receiving order or the award of sequestration of his estate was made after the passing of this Act] none of those rights shall pass to any trustee or other person acting on behalf of his creditors.
(5)In this section and in the said Schedule the expression “relevant insurance” means an insurance effected by any registered friendly society or industrial assurance company in exercise either of the power conferred by subsection (1) of this section or of any power conferred by section three of the Act of 1923 or section one of the Act of 1929 [F10or by any registered friendly society in exercise of any power conferred by paragraph 2(d) of Schedule 1 of the M4Friendly Societies Act 1974 or paragraph 2 of Schedule 6 to that Act] and references to a payment on a person’s death include references to a payment for his funeral expenses.
Textual Amendments
F5Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
F6Words substituted by S.I. 1948/2578 (Rev. VIII, p. 927: 1948 I, p. 1617)
F7Words repealed by Companies Act 1967 (c. 81), Sch. 7
F8Words substituted by Industrial Assurance and Friendly Societies Act 1948 (Amendment) Act 1958 (c. 27), s. 1(1)
F9Words repealed (E.W.) by Insolvency Act 1985 (c. 65, SIF 66), s. 235, Sch. 10 Pt. III and (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(2), Sch. 8
F10Words inserted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 7
Modifications etc. (not altering text)
C1Unreliable marginal note.
C2S. 2(2) modified by Decimal Currency Act 1969 (c. 19), s. 7(2) and S.I. 1977/1143, Sch. 3 para. 4
C3S. 2(2)amended by S.I. 1977/1144, Sch. 3 para. 6; 1980/1947, Sch. 3 para. 3 and by 1980/1948, Sch. para. 5
Marginal Citations
Textual Amendments
There shall be made in the Acts of . . . F12 1923 and 1929, the amendments, consequential on the provisions of the three preceding sections, which are set out in the Second Schedule to this Act.
Textual Amendments
F12Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
Textual Amendments
F13S. 5 repealed by Finance Act 1966 (c. 18), Sch. 13 Pt. III
Textual Amendments
F14S. 6 repealed (E.W.S.) (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5), 93(4)); S.I. 1993/16, art 2, Sch.3 Appendix.
Textual Amendments
F15S. 7 repealed (E.W.S.) (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3 Appendix.
(1)A collecting society, and an industrial assurance company, shall provide premium receipt books for use in respect of policies of industrial assurance issued by the society or company, and shall cause a receipt for each payment in respect of such a policy or of two or more such policies to be inserted in such a book.
(2)Regulations may be made by the [F16Commission], subject to the approval of the Treasury signified by statutory instrument which shall be subject to annulment in pursuance of resolution of either House of Parliament, with respect to the form of books to be provided as aforesaid and to the use thereof and the insertion of receipts therein, and, without prejudice to the generality of this subsection, regulations made for the purposes thereof may provide for prohibiting or restricting in any prescribed circumstances the use of a single premium receipt book for payments in respect of two or more policies.
Textual Amendments
F16Word in s. 8(2) substituted (E.W.S.) (1.2.1993 for specified purposes and 28.4.1993 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 100, Sch. 19 Pt. I para.13 (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.4; S.I. 1993/1186, art. 2(2), Sch.2.
Modifications etc. (not altering text)
C4S. 8(2) amended by Decimal Currency Act 1969 (c. 19), s. 7(5)
(1)Nothing in any term or condition of an industrial assurance policy issued after the passing of this Act or in the law relating to insurance shall operate to except the society or company from liability under such a policy, or to reduce the liability of the society or company under such a policy, on the ground of any matter relating to the state of health of the person upon whose life the assurance is taken out, other than the ground of the proposer’s having, when making the proposal or thereafter and before the making of the contract, either—
(a)made an untrue statement of his knowledge and belief as regards that matter; or
(b)failed to disclose to the society or company something known or believed by him as regards that matter.
(2)In relation to a policy issued after the passing of this Act, subsection (4) of section twenty of the Act of 1923 (which relates to misstatements contained in certain proposal forms for industrial assurance policies) shall not apply to a misstatement concerning the state of health of the person upon whose life the assurance is to be taken out.
(1)A collecting society shall supply a member, free of charge, with the following, that is to say—
(a)on his insuring with the society, with a printed policy signed by two of the committee of management and by the secretary, or, if the society has been granted a certificate under section ten of the Act of 1923 exempting it from the requirement imposed by this paragraph to supply a policy, with a copy of the rules of the society;
(b)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17. . .
(2)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F17S. 10(1)(b)(c) repealed (E.W.S.) (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3, Appendix.
Words in s. 10(1) repealed (E.W.S.) (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3, Appendix
S. 10(2)(3) repealed (E.W.S.) (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3, Appendix
F18Ss. 10(4), 11(4), 12(1)(4), 17(2), 19(1)—(4), 21, 22, 25(5), Sch. 6 repealed by Companies Act 1967 (c. 81), Sch. 7
Modifications etc. (not altering text)
C5S. 10(1) extended by S.I. 1977/1144, reg. 3(4)
Textual Amendments
F19S. 11 repealed (E.W.S.) (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.3, Appendix.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 an industrial assurance company, shall cause to be set out, in every premium receipt book provided by them after the coming into operation of this subsection for use in respect of policies of industrial assurance, the matters specified in the Third Schedule to this Act relating to the provisions mentioned in that Schedule of the Act of 1896, of the Act of 1923 and of this Act and of regulations made for the purposes of section eight of this Act [F22and a collecting society shall cause to be set out, in every premium receipt book provided by them after the coming into operation of the M5Friendly Societies Act 1974 for use in respect of policies of industrial assurance, the matters specified in that Schedule relating to the provisions mentioned in that Schedule of the Act of 1923, of this Act, of the said Act of 1974 and of regulations made for the purposes of the said section 8].
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 the last preceding subsection shall not come into operation as respects any regulations made under section eight of this Act until the expiration of six months from the date on which the regulations come into operation.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
Textual Amendments
F20Ss. 10(4), 11(4), 12(1)(4), 17(2), 19(1)—(4), 21, 22, 25(5), Sch. 6 repealed by Companies Act 1967 (c. 81), Sch. 7
F21Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 11
F22Words added by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 11
F23Words repealed by Companies Act 1967 (c. 81), Sch. 7
Marginal Citations
(1)A collecting society . . . F24 shall, as respects each year as respects which they are required by the [F25Commission] in the prescribed manner so to do, send to [F25it] within such period as may be prescribed a return giving prescribed particulars as to policies of industrial assurance issued by the society . . . F24 which were in force at the beginning of that year, in force at the end of that year, issued during that year or discontinued or converted to free policies during that year.
(2)A requirement under this section may be made either generally as to all such societies . . . F24 , or as to any class thereof, or as to a particular society . . . F24 , and the regulations may prescribe different particulars to be given in the case of different societies . . . F24 or classes thereof.
F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)In this section the expression “year” means, in relation to a collecting society, a year ending on a thirty-first day of December, . . . F24 .
Textual Amendments
F24Words repealed by Insurance Companies Act 1980 (c. 25, SIF 67), Sch. 5
F25Words in s. 13(1) substituted (E.W.S.) (1.2.1993 for specified purposes and 13.9.1993 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 100, Sch. 19 Pt. I para. 14(a)(b) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.4; S.I. 1993/2213, art. 2, Sch.2.
F26S. 13(3) repealed (E.W.S.) (1.2.1993 for specified purposes and 1.1.1994 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22, Pt.I (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.4 Appendix; S.I. 1993/2213, art. 2, Sch.5 Appendix.
Textual Amendments
Textual Amendments
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
(2)Any collecting society or industrial assurance company which contravenes or fails to comply with any of the provisions of this Act, or of regulations made for the purposes of section eight thereof, shall be guilty of an offence under the Act of 1923:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
(3)Any collector of a collecting society or industrial assurance company, or any other person, who contravenes or fails to comply with any of the provisions of regulations made for the purposes of section eight of this Act affecting such collector or other person shall be guilty of an offence under the Act of 1923.
F31(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
Textual Amendments
F29Ss. 3, 15, 16(1)(5), 17(1), 18(1), Sch.1 paras.5, 7–9, Sch.4 repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
F30S. 16(2) proviso repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
F31S. 16(4) repealed (E.W.S.) (16. 10. 1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch.1.
17(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
Textual Amendments
F32Ss. 3, 15, 16(1)(5), 17(1), 18(1), Sch.1 paras.5, 7–9, Sch.4 repealed by Friendly Societies Act 1974 (c. 46), Sch. 11
(1)Where, in relation to any policy of assurance which has been protected under the M6Industrial Assurance and Friendly Societies (Emergency Protection from Forfeiture) Act 1940, the amount of a free paid-up policy or of a surrender value is required to be ascertained, the provisions of the policy, or of any guarantee given in relation thereto, or of the Industrial Assurance Acts 1923 and 1929, relating to free paid-up policies and surrender values shall have effect subject to such modifications as appear to the [F36Commission] to be necessary having regard to the failure to pay premiums during the period of protection and the variation of the terms of the policy under section 3 of the said Act.
F37[(2)In relation to a policy of assurance effected with a registered society other than a collecting society, the reference in subsection (1) above to the Industrial Assurance Commissioner is a reference to him in his capacity as Chief Registrar of Friendly Societies.]
(3)Section 24(1) of this Act, so far as relating to the Isle of Man and the Channel Islands, shall not apply to subsections (1) and (2) above, but those subsections shall extend to any place to which the repeal of the said Act of 1940 by the M7Statute Law (Repeals) Act 1974 is extended by Order in Council under section 3(2) of that Act.]
Textual Amendments
F35S. 17A inserted by Statute Law (Repeals) Act 1974 (c. 22), s. 2.
F36Word in s. 17A(1) substituted (E.W.S.) (1.2.1993 for specified purposes and 28.4.1993 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 100, Sch. 19 Pt. I para.15 (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.4; S.I. 1993/1186, art. 2, Sch.2.
F37S. 17A(2) repealed (E.W.S.) (28.4.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I (with ss. 7(5), 93(4)); S.I. 1993/1186, art. 2, Sch.3, Appendix.
Marginal Citations
18(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
Textual Amendments
(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
X1(5) It is hereby declared that nothing in section forty-four of the Act of 1896 (which enacts that the trustees of a registered society may invest its funds to any amount in the ways therein mentioned, including investment in the Post Office Savings Bank or in any savings bank certified under the Trustee Savings Banks Act 1863), . . . F42 is to be construed as imposing any obligation on any savings bank authority as respects their or his receiving any such funds, money or capital.
In this subsection the expression “savings bank authority” has the meaning assigned to it by subsection (3) of section ten of the M8Savings Banks Act 1920.
X1(6) This section shall extend to Northern Ireland.
Editorial Information
X1S. 19(5)(6) repealed (E.W.) (S.) by Friendly Societies Act 1974 (c. 46), Sch. 11
Textual Amendments
F41Ss. 10(4), 11(4), 12(1)(4), 17(2), 19(1)—(4), 21, 22, 25(5), Sch. 6 repealed by Companies Act 1967 (c. 81), Sch. 7
F42Words (N.I.) in part repealed by Post Office Savings Bank Act 1954 (c. 62), Sch. and Trustee Savings Banks Act 1954 (c. 63), Sch. 3 and in part spent
Modifications etc. (not altering text)
C6The “Act of 1896” means Friendly Societies Act 1896 (c. 25)
Marginal Citations
Textual Amendments
Textual Amendments
(1)In this Act, except where the context otherwise requires,—
(a)the expression “society” means a society for any of the purposes specified in [F45Schedule 1 to the M9Friendly Societies Act 1974] the expression “registered society” means a society registered under that Act, [F46or the M10Friendly Societies Act 1896] and references to a society or to a registered society or to a registered friendly society include references to a branch of such a society;
(b)the expression “policy” includes any contract of assurance, and for the purposes of this Act the date of the making of any such contract shall be deemed to be the date of the issue of a policy;
(c)the expression “proposal” in relation to an insurance, includes an application for an insurance, and the expression “proposer” shall be construed accordingly; F47. . .
F48(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F49and
(e)the expression “the Commission” means the Friendly Societies Commission.]
(2)In this Act the expression “parent” includes a stepfather and a stepmother.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
Textual Amendments
F45Words substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 13
F46Words inserted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 13 added (in place of s. 23(1)(d)
F47Word in s. 23(1)(c) omitted (E.W.S.) (1.2.1993 for specified purposes and 28.4.1993 for all remaining purposes) and repealed (E.W.S.) (1.1.1994) by virtue of Friendly Societies Act 1992 (c. 40), ss. 100, 120, Sch. 19 Pt. I para. 16(a), Sch. 22 Pt. I (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.4; S.I. 1993/1186, art. 2, Sch.2; S.I. 1993/2213, art. 2(1), Sch.6, Appendix.
F48S. 23(1)(d) repealed (E.W.S.) (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. 300(1), 302, Sch. 1.
F49S. 23(1)(e) and word 'and' preceding it added (E.W.S.) (1.2.1993 for specified purposes and 28.4.1993 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 100, Sch. 19 Pt. I para. 16(b) (with ss. 7(5), 93(4)); S.I. 1993/16, art. 2, Sch.4; S.I. 1993/1186, art. 2, Sch.2.
F50S. 23(3) repealed by Adoption Act 1950 (c. 26), Sch. 4
Marginal Citations
(1)This Act shall extend to Great Britain, the Isle of Man and the Channel Islands.
(2)Except as regards . . . F51 section nineteen thereof, this Act shall not extend to Northern Ireland.
Textual Amendments
F51Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
(1)This Act may be cited as the Industrial Assurance and Friendly Societies Act 1948.
(2)This Act and the Industrial Assurance Acts, 1923 to 1929, may be cited together as the Industrial Assurance Acts, 1923 to 1948, . . . F52
(3)References in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as references to that enactment as amended by or under any other enactment, including this Act.
(4)This Act, in its application to collecting societies and industrial assurance companies, shall be construed as one with the Industrial Insurance Acts, 1923 to 1929, . . . F52
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
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