Industrial Assurance and Friendly Societies Act 1948 (Repealed)

Section 2.

FIRST SCHEDULE E+W+S Death Certificates in connection with payments referred to in Subsection (2) of Section Two

1 A . . . F1 industrial assurance company shall not, by virtue of or in connection with any relevant insurance of money to be paid on the death of a parent or grandparent of the person by whom the insurance was taken out, pay to that person on the death any sum not excluded for the purposes of subsection (2) of section two of this Act by the proviso thereto, except upon production of a certificate of the death for the purposes of this Schedule stated therein to be issued to the person to whom the payment is made, unless the death occurred outside Great Britain.

Textual Amendments

F1 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

2 On so making payment of any such sum the . . . F2 company shall cause to be indorsed on the certificate a statement showing—

(a) the name of the . . . F2 company;

(b) the amount of any such sum paid; and

(c) the date of the contract for the insurance;

and on receiving any repayment of a sum so paid by virtue of or in connection with an insurance effected in exercise of the power conferred by subsection (1) of section two of this Act the . . . F2 company shall cause to be indorsed on the certificate a statement showing the repayment.

Textual Amendments

F2 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

3 Where such a society or company is charged with a contravention of subsection (2) of section two of this Act in respect of the payment by the . . . F3 company of a sum which exceeded the limit of [F4 thirty pounds] imposed by paragraph (b) or (c) of that subsection in consequence of the addition as thereby required of another sum paid by another [F5 company or by a registered friendly society], or of two or more other sums so paid, and which would not have exceeded that limit apart from such addition, it shall be a defence for the . . . F3 company charged to prove—

(a) that the sum in respect of which they are charged was paid in accordance with paragraph 1 of this Schedule; and

(b) that the certificate produced disclosed no payment by any other [F5 company or by a registered friendly society] of any sum or sums required by the said paragraph (b) or (c) to be added, or disclosed such payment but only to an amount insufficient to cause the sum in respect of which they are charged to exceed the said limit;

subject however in the case of a certificate which is a duplicate to the provisions of paragraph 6 of this Schedule.

Textual Amendments

F3 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F4 Words substituted by Industrial Assurance and Friendly Societies Act 1948 (Amendment) Act 1958 (c. 27), s. 1(1)

F5 Words substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 14(a)

[F6 4 The provisions of paragraphs 4, 5, 8, 9 and 10 of Schedule 5 to the Friendly Societies Act 1974 shall apply in relation to certificates of death for the purposes of this Schedule and the issue of duplicate thereof.]

Textual Amendments

F6 Sch. 1 para. 4 substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 14(b)

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

5

Textual Amendments

F7 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

6 On production to a . . . F8 company of a duplicate which records a requirement for an indorsement made by them to be repeated [F9 in accordance with regulations under paragraph 5 of Schedule 5 to the M1 Friendly Societies Act 1974, the company] shall cause the duplicate to be indorsed accordingly, and paragraph 3 of this Schedule shall not apply in the case of a certificate which is a duplicate whereon such a requirement is recorded unless the duplicate has been indorsed by the society or company in question.

Textual Amendments

F8 Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F9 Words substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 14(c)

Marginal Citations

M1 1974 c. 46.

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

7—9.

Textual Amendments

F10 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