Industrial Assurance and Friendly Societies Act 1948 (Repealed)

Amendments as to procedure and administration E+W+S

8 Premium receipt books. E+W+S

(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 [F1 Commission], 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

F1 Word 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)

C1 S. 8(2) amended by Decimal Currency Act 1969 (c. 19), s. 7(5)

9 Liability on policies not to be restricted on grounds of health if proposer’s knowledge and belief is properly disclosed. E+W+S

(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.

10 Obligations as to delivery of policies and of copies of rules and amendments thereof. E+W+S

(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) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 . . .

(2) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F2 S. 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

F3 Ss. 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)

C2 S. 10(1) extended by S.I. 1977/1144, reg. 3(4)

F4 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F4 S. 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.

12 Matters to be set out in premium receipt books, and to be published. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 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 [F7 and a collecting society shall cause to be set out, in every premium receipt book provided by them after the coming into operation of the M1 Friendly 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 Ss. 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

F6 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 11

F7 Words added by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 11

F8 Words repealed by Companies Act 1967 (c. 81), Sch. 7

Marginal Citations

M1 1974 c. 46

13 Returns as to industrial assurances. E+W+S

(1) A collecting society . . . F9 shall, as respects each year as respects which they are required by the [F10 Commission] in the prescribed manner so to do, send to [F10 it] within such period as may be prescribed a return giving prescribed particulars as to policies of industrial assurance issued by the society . . . F9 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 . . . F9 , or as to any class thereof, or as to a particular society . . . F9 , and the regulations may prescribe different particulars to be given in the case of different societies . . . F9 or classes thereof.

F11 (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, . . . F9 .

Textual Amendments

F9 Words repealed by Insurance Companies Act 1980 (c. 25, SIF 67), Sch. 5

F10 Words 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.

F11 S. 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.

14 F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F12 Ss. 14, 20 repealed by Friendly and Industrial and Provident Societies Act 1968 (c. 55), Sch. 2

15 F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F13 Ss. 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

16 Provisions as to offences. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(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:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(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.

F16 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Textual Amendments

F14 Ss. 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

F15 S. 16(2) proviso repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F16 S. 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.