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FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - LONG TITLE An Act to consolidate with amendments the Friendly Societies Acts (Northern Ireland) 1896 to 1958. [17th December 1970] Registration of societies and branchesSocieties which may be registered. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 1 1.(1) Subject to subsections (2) and (3) and also to section 3, the following societies may be registered under this Act, that is to say, (a)societies (in this Act called "friendly societies") for the purpose of providing by voluntary subscriptions of the members, with or without the aid of donations, for any of the purposes specified in Schedule 1; (b)societies (in this Act called "cattle insurance societies") for the purpose of insurance to any amount against loss of cattle, sheep, lambs, swine, horses, and other animals by death from disease or otherwise; (c)societies (in this Act called "benevolent societies") for any benevolent or charitable purpose; (d)societies (in this Act called "working men's clubs") for purposes of social intercourse, mutual helpfulness, mental and moral improvement and rational recreation; (e)societies (in this Act called "old people's home societies") for the purpose of providing homes for members and others at any age after fifty; (f)societies (in this Act called "specially authorised societies") for any purpose which the Ministry of Commerce (in this Act referred to as "the Ministry") may authorise as a purpose to which the provisions of this Act, or such of them as are specified in the authority, ought to be extended. (2) A society may not be registered under this Act unless (a)the rules of the society contain provisions in respect of the several matters mentioned in Part I of Schedule 2 applicable to all societies and, in the case of a friendly society or cattle insurance society, also contain provisions in respect of the several matters mentioned in Part II of that Schedule applicable to those societies; and (b)the place which under the society's rules is to be the society's registered office is situate in Northern Ireland; and (c)it consists of at least seven persons. [(3) A friendly society or branch thereof may not be registered under this Act (a)if it contracts with any person for the assurance under tax exempt life or endowment business of more than #104 a year by way of annuity or more than #500 by way of gross sum; or (b)if it contracts with any person for the assurance of an annuity or of a gross sum in excess of the limits in section 64. (3A) In the case of a registered friendly society or branch whose rules make no provision for it to carry on life or endowment business consisting of the assurance of gross sums exceeding [#2,000] or of the granting of annuities of annual amounts exceeding [#416], subsection (3)(a) shall have effect with the substitution of references to [#416] and [#2,000] respectively for the references to #104 and #500.] (4) Where any provisions of this Act are specified in an authority given under paragraph (f) of subsection (1), those provisions only shall extend to a society which has been registered as a specially authorised society by virtue of that authority. [(5) In this section "life or endowment business" and "tax exempt life or endowment business" have the meanings assigned to them by subsections (2) and (3) respectively of section 337 of the Income and Corporation Taxes Act 1970; and subsection (2) of section 55 shall apply in relation to the limits in subsection (3) (including where applicable those limits as modified by subsection (3A)) as it applies in relation to the limits in section 55.] FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 2 Application for registration of societies. 2.(1) An application to register a society under this Act shall be signed by seven members and the secretary of the society and shall be sent to the registrar together with two printed copies of the rules of the society and a list of the names of the secretary and of every trustee or other officer intended to be authorised to sue and be sued on behalf of the society. (2) A society shall not be registered under a name identical with that under which any other existing society is registered, or so nearly resembling that name as to be likely, or in any name likely, in the opinion of the registrar, to deceive the members of the public as to its nature or its identity or in any name which in his opinion is otherwise undesirable. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 3 Special provisions as to dividing societies and branches and societies and branches assuring annuities. 3.(1) A society or branch shall not be disentitled to registration by reason of any rule for, or practice of, dividing any part of the funds thereof, if the rules of the society or branch contain distinct provision for meeting all claims upon the society or branch existing at the time of the division before any such division takes place. (2) Subsection (1) shall not apply to a benevolent society or a working men's club or to a branch thereof. (3) A society or branch assuring a certain annuity shall not be entitled to registration unless the tables of contribution for the assurance, certified by a qualified actuary, are sent to the registrar with the application for registration. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 4 Application for registration where society has branches. 4.(1) Where a society has branches, the application for registration shall be accompanied by a list of all the branches together with an application under section 5 for the registration of each branch whose registered office is to be situate in Northern Ireland. (2) A registered society which establishes a new branch shall send to the registrar under the hand of the secretary of the society notice of the establishment of the new branch and, if the registered office of the new branch is to be situate in Northern Ireland, the notice shall be accompanied by an application under section 5 for the registration of the new branch. (3) A branch of a registered society, other than of a specially authorised society, may be registered under this Act but shall not be so registered for any purpose which is not a purpose specified in the rules of the society of which it is a branch. (4) A branch shall not be registered under this Act unless (a)the rules of the branch contain provisions in respect of the several matters mentioned in Part I of Schedule 2 applicable to all branches and, if a branch of a friendly society or cattle insurance society, also contain provisions in respect of the several matters mentioned in Part II of that Schedule applicable to such a branch; and (b)the place which under the rules of the branch is to be the registered office of the branch is situate in Northern Ireland. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 5 Application for registration of a branch. 5. An application for registration of a branch shall be signed by three members of the branch, the secretary of the branch and the secretary of the society and shall be accompanied by (a)two printed copies of the rules of the branch; (b)notice of the place where its registered office (to which all communications and notices may be addressed) is to be situate; and (c)if the branch is to have trustees or officers authorised to sue and be sued on its behalf other than the trustees or officers authorised to sue and be sued on behalf of the society, a list of the names of all such trustees or officers. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 6 Registration of branches as societies. 6.(1) A body which has been registered as a branch of a society shall not be registered as a society except on production to the registrar of a certificate, under the hand of the chief secretary or other principal officer of the society of which it was a branch, that the body has wholly seceded or has been expelled from the society. (2) If the chief secretary or principal officer of a society (a)refuses to grant a certificate under this section, or (b)fails to do so within three months from the receipt of a request in writing made on behalf of the body in question, Name of seceding or expelled branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 7 7. A body which, having been a branch of a registered society, has wholly seceded or been expelled from that society, shall not thereafter use the name of that society or any name implying that it is a branch thereof, or the number by which it was designated as such a branch and any officer or member of that body who uses such a name or number shall be guilty of an offence and liable on summary conviction to a fine not exceeding #10. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 8 Registration of societies and branches. 8.(1) On being satisfied that a society or branch has complied with the provisions of this Act as to registration, the registrar shall register the society or branch and issue to that society or branch an acknowledgment of registration which, in the case of a society, shall specify the designation thereof according to the classification in section 1. (2) An acknowledgment under subsection (1) shall be conclusive evidence that the society or branch therein mentioned is duly registered under this Act, unless it is proved that the registration of the society or, in the case of a branch, the society of which it is a branch, has been suspended or cancelled. (3) An appeal shall lie to the High Court from a refusal to register a society or branch and, if a refusal to register a society or branch is overruled on appeal, the registrar shall register the society or branch and issue an acknowledgment of registration under subsection (1) to the society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 9 Existing societies and branches. 9.(1) Any society or branch which at the date immediately before the passing of this Act was registered or deemed to be registered under the Friendly Societies Act 1896 (in this Act referred to as "the Act of 1896"), being a society or branch whose registered office was at that date situate in Northern Ireland, shall be deemed to be registered under this Act; and (a)any acknowledgment of registry of that society or branch issued by virtue of section 11 or 12(2) of the Act of 1896 shall be deemed to be an acknowledgment of the registration under this Act of that society or branch and, by virtue of section 10 of this Act, of the rules of the society or branch in force at the date of the acknowledgment; (b)any acknowledgment of registry of an amendment of the rules of the society or branch issued by virtue of section 13 of the Act of 1896 shall be deemed to be an acknowledgment of the registration of that amendment under this Act; (c)any change in the name of the society duly made before the passing of this Act in accordance with section 69 of the Act of 1896 as in force at the time of the change, and any change in the situation of the registered office of the society or branch of which notice was duly given before that date under section 24 of that Act shall be deemed for the purposes of this Act to be a duly registered amendment of the rules of the society or branch. (2) The Ministry may amend any authority given to a specially authorised society under paragraph (5) of section 8 of the Act of 1896 and, until an amendment under this subsection alters the references to provisions of that Act in any such authority, the authority shall have effect as if references to the corresponding provisions of this Act were substituted for the references to the provisions of the Act of 1896. Acknowledgment of registration of rules. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 10 10. An acknowledgment of the registration of a society or branch under section 8 shall also constitute an acknowledgment, and be conclusive evidence, of the registration of the rules of the society or branch in force at the date of the registration of the society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 11 Amendment of rules of society or branch. 11.(1) Subject to subsection (2), any amendment of the rules of a registered society or branch shall not be valid until the amendment has been registered under this Act and for this purpose two copies of the amendment, signed by three members and the secretary of the society or branch, as the case may be, shall be sent to the registrar. (2) Subsection (1) shall not apply to a change in the situation of the registered office of the society or branch or in the name of a society; but (a)notice of any change in the situation of the registered office of the society or branch shall be sent to the registrar and, in the case of a change of the registered office of a branch, shall be sent to the registrar through an officer appointed in that behalf by the society of which the branch forms part; and (b)a registered society may change its name by an amendment of its rules and in no other manner but no amendment of the rules of a registered society which purports to change the name of the society shall be registered under section 12 unless the change has the approval in writing of the registrar; and (c)where a notice is duly sent under paragraph (a), or where a change in the name of a registered society is made in accordance with paragraph (b), the change in the situation of the registered office of the society or branch or, as the case may be, the change in the society's name shall be registered by the registrar as an amendment of the rules of the society or of the branch, as the case may be. (3) A change in the name of a society shall not affect any right or obligation of the society or of any member thereof, and any pending legal proceedings may be continued by or against the trustees of the society, or any other officer who may sue or be sued on behalf of the society, notwithstanding its new name. (4) Notwithstanding anything in the rules of any registered society or branch, the committee of the society or branch may, by resolution passed during the appropriate period after the passing of this Act, make such amendments of the rules as may be consequential on the provisions of this Act. (5) For the purposes of subsection (4), the appropriate period after the passing of this Act, in relation to any registered society or branch, shall be whichever is the longer of the following two periods, that is to say (a)a period of one year beginning with the date of the passing of this Act, and (b)a period beginning with the date of the passing of this Act and ending with the date on which an amendment of the rules of that society or branch is first registered after that date under section 12. (6) Notwithstanding anything in section 12, after the end of one year beginning with the date of the passing of this Act, the registrar shall not be required to register any amendment of the rules of a society or branch unless such consequential amendments of the rules of that society or branch as are mentioned in subsection (4) either have been made before the application for registration of that amendment or are to be effected by that amendment. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 12 Registration of amendments of rules. 12. On being satisfied that any amendment of the registered rules of a society or branch is not contrary to the provisions of this Act, the registrar shall, subject to section 11(6), register the amendment and issue to the society or branch, in respect of that amendment, an acknowledgment of registration in the prescribed form which shall be conclusive evidence that the amendment is duly registered. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 13 Appeals from refusal to register amendment of rule. 13.(1) An appeal shall lie to the High Court from a refusal to register an amendment of a rule of a registered society or branch. (2) If a refusal to register an amendment of a rule is overruled on appeal, the registrar shall register the amendment and give an acknowledgment of registration under section 12 to the society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 14 Duty to supply copies of rules. 14. Every registered society or branch shall deliver to any person on demand, on payment of a sum not exceeding [50p] (or such larger sum as may from time to time be prescribed by the registrar), a copy of the rules of the society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 15 Rules of certain registered societies to bind members at law. 15.(1)The rules of (a)a registered cattle insurance society or branch, and (b)such specially authorised societies as the Ministry may allow to take the benefit of this section, (2) All sums of money payable by a member to a society or branch falling within subsection (1) shall be deemed to be a debt due from the member to the society or branch and shall be recoverable as such in the county court for the division in which the member resides. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 16 Special provisions which may be included in rules. 16.(1) The rules of a registered society or branch may provide for the reinsurance, to such extent as may from time to time be approved by a qualified actuary, of risks of any class against which persons are, or are to be, insured by that society or branch. (2) The rules of a registered society which is a specially authorised society complying with the provisions of subsection (3) may provide that it may receive deposits and borrow money at interest from its members or from other persons. (3) A specially authorised society complies with the provisions of this subsection if it has for its object the creation of funds to be lent out to the members of the society or for their benefit, and has in its rules provisions (a)that no part of its funds shall be divided by way of profit, bonus, dividend or otherwise among its members; and (b)that all money lent to members shall be applied to such purpose as the society or its committee may approve. Trustees of registered societies and branches. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 17 17.(1) Every registered society and branch shall have one or more trustees. (2) The trustees shall be appointed at a meeting of the society or branch and by a resolution of a majority of the members present and entitled to vote at that meeting. (3) The society or branch shall send to the registrar a copy of every resolution appointing a trustee, signed by the trustee so appointed and by the secretary of the society or branch. (4) In the case of the appointment of a trustee of a branch, the copy of the resolution referred to in subsection (3) shall be sent to the registrar through an officer appointed in that behalf by the society of which the branch forms part. (5) The same person may not be secretary or treasurer of a registered society or branch and also a trustee of that society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 18 Minors not to hold office. 18. A person under the age of eighteen shall not be a member of the committee, or a trustee, manager or treasurer, of a registered society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 19 Proof of appointment of officers and trustees. 19. If any such list as is referred to in section 2(1) is signed by the secretary of the society or if any such list as is referred to in section 5(c) is signed by the secretary of the branch, and (in each case) by every trustee and other officer named in the list, then on the registration of the society or branch the list shall be evidence that the persons named in the list have been duly appointed. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 20 Certain officers to give security. 20.(1) If the rules of a registered society or branch so require, every officer of the society or branch having the receipt or charge of money shall, before taking upon himself the execution of his office, give security in accordance with subsection (2), in such sum as the society or branch directs, conditioned for his rendering a just and true account of all sums of money received and paid by him on account of the society or branch at such times as its rules appoint, or as the society or branch or the trustees or committee thereof require him to do, and for the payment by him of all sums due from him to the society or branch. (2) Where an officer of a registered society or branch is required to give security in accordance with subsection (1), he shall do so either (a)by becoming bound with one sufficient surety at the least in a bond in the form set out in Schedule 3; or (b)by giving the security of a guarantee society. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 21 Duty of officers of registered societies and branches to account. 21.(1) Every officer of a registered society or branch having the receipt or charge of money shall (a)at such times as he is required to do so by the rules of the society or branch, or (b)on demand, or (c)on notice in writing requiring him to do so given or left at his last or usual place of residence, (2) In case of any neglect or refusal to deliver the account or to pay over the sums of money or to deliver the property in accordance with subsection (1), the trustees or authorised officers of the society or branch (a)may sue upon any bond or security given under section 20; or (b)may apply to the county court or to a court of summary jurisdiction and the order of the county court or court of summary jurisdiction shall be final and conclusive. Books of account, etc. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 22 22.(1) Every registered society or branch shall (a)cause to be kept proper books of account with respect to its transactions and its assets and liabilities, and (b)establish and maintain a satisfactory system of control of its books of account, its cash holdings and all its receipts and remittances. (2) For the purposes of paragraph (a) of subsection (1), proper books of account shall not be taken to be kept with respect to the matters mentioned in that paragraph unless there are kept such books as are necessary to give a true and fair view of the state of the affairs of the society or branch and to explain its transactions. (3) Any book of account to be kept by a registered society or branch may be kept either by making entries in bound books or by recording the matters in question in any other manner. (4) Where any such book of account is not kept by making entries in a bound book but by some other means, the society or branch shall take adequate precautions for guarding against falsification and for facilitating its discovery. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 23 General provisions as to accounts and balance sheets. 23.(1) Every revenue account of a registered society or branch shall give a true and fair view (a)if it deals with the affairs of the society or branch as a whole, of the income and expenditure of the society or branch for the period to which the account relates; and (b)if it deals with a particular business conducted by the society or branch, of the income and expenditure of the society or branch in respect of that business for the period to which the account relates. (2) Every registered society and branch shall, in respect of each year of account, cause to be prepared either (a)a revenue account which deals with the affairs of the society or branch as a whole for that year; or (b)two or more revenue accounts for that year which deal separately with the particular businesses conducted by the society or branch. (3) In a case falling within subsection (2)(b), without prejudice to the application of subsection (1)(b) to each revenue account dealing with a particular business conducted by a society or branch, the revenue accounts in question, when considered together, shall give a true and fair view of the income and expenditure of the society or branch as a whole for the year of account to which they relate. (4) Subject to subsection (5), every balance sheet of a registered society or branch shall give a true and fair view, as at the date of the balance sheet, of the state of the affairs of the society or branch. (5) Subsection (4) does not apply in the case of (a)a registered friendly society or a branch thereof, or (b)a specially authorised society which, by virtue of a direction in the authority for registering that society, is required to carry out a valuation under section 34, (6) A registered society or branch shall not publish any revenue account or balance sheet unless (a)it has been previously audited by the auditor or auditors last appointed to audit the accounts and balance sheet of the society or branch; and (b)it incorporates a report by the auditor or auditors stating whether, in their opinion, it complies with subsection (1), subsection (4) or, as the case may require, subsection (5); and (c)it has been signed by the secretary of the society or branch and by two members of the committee thereof acting on behalf of that committee. (7) Without prejudice to subsection (6), a registered society or branch falling within paragraph (a) or paragraph (b) of subsection (5) shall not publish any balance sheet which does not include a statement containing the same particulars as the statement required to be included in the annual return of that society or branch by section 36(5). (8) If in relation to any revenue account or balance sheet of a registered society or branch, a member of the committee thereof fails to take all reasonable steps to secure compliance (a)with subsection (1), subsection (4) or, as the case may require, subsection (5), or (b)in a case falling within subsection (2)(b), with subsection (3), (9) In the case of a society or branch to which this subsection applies, the preceding provisions of this section shall not have effect in relation to (a)any revenue account of that society or branch for a period ending before the last day of the year of account in respect of which the provisions of section 24(1) or (5) (as the case may be) first apply to that society or branch; and (b)any balance sheet of that society or branch relating to its affairs as at a date before that day. (10) Subsection (9) applies in the case of any society or branch which is registered under the Act of 1896 at the date of the passing of this Act, or which is first registered under this Act before 1st January 1971. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 24 Obligation to appoint auditors. 24.(1) Subject to the following provisions of this section, every registered society and branch shall, in each year of account beginning on or after 1st January 1971, appoint a qualified auditor or qualified auditors to audit its accounts and balance sheet for that year. (2) Except in the case of a collecting society, subsection (1) shall not apply to a society or branch if (a)the receipts and payments of that society or branch in respect of the preceding year of account did not, when added together, exceed #5,000; and (b)the number of its members at the end of that year did not exceed 500; and (c)the value of its assets at the end of that year did not, in the aggregate, exceed #5,000. (3) Without prejudice to subsection (2), subsection (1) shall not apply to a registered branch if (a)the conditions specified in paragraphs (a) and (b) of subsection (2) are satisfied in respect of that branch; and (b)at the end of the preceding year of account at least 75 per cent. of its assets had been transferred to the society of which it is a branch or to another registered branch of that society for the purpose of being invested, in accordance with section 39(2), by that society or other branch, and the value of its assets not so transferred did not, in the aggregate, exceed #5,000; and (c)the society or branch to which the assets were transferred is one to which subsection (1) applies in that year of account. (4) A registered society or branch to which, by virtue of subsection (2) or subsection (3), subsection (1) does not apply in respect of any year of account is, in this Act, referred to as an exempt society or, as the case may be, an exempt branch, in respect of that year of account. (5) Regulations made by the registrar with the consent of the Ministry may (a)substitute for any sum or number for the time being specified in subsection (2), or for any sum or percentage for the time being specified in subsection (3), such sum, number or percentage as may be specified in the regulations; and (b)prescribe what receipts and payments of a society shall be taken into account for the purposes of those subsections. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 25 Audit of exempt societies and branches. 25.(1) Subject to any direction given by the registrar under subsection (2), every registered society or branch which is an exempt society or an exempt branch in respect of the current year of account shall, in that year, appoint at its option either (a)a qualified auditor or qualified auditors, or (b)two or more persons who are not qualified auditors, (2) The registrar may give a direction in the case of any particular society or branch which is an exempt society or branch in respect of the current year of account requiring it to appoint a qualified auditor to audit its accounts and balance sheet for that year. (3) The registrar may give a direction in the case of any particular society or branch which was an exempt society or branch in respect of any year of account before that in which the direction is given and did not appoint a qualified auditor or qualified auditors to audit its accounts and balance sheet for that year (a)requiring it to appoint a qualified auditor to audit those accounts and that balance sheet, and (b)in a case where that society or branch has sent to him its annual return for that year before the date of the direction, requiring it, after its accounts and balance sheet have been audited by a qualified auditor, to send to him within three months from receipt of the direction a further annual return complying with the requirements of this Act (other than that requirement as to the time of sending). FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 26 Re-appointment and removal of auditors. 26.(1) A qualified auditor appointed to audit the accounts and balance sheet of a registered society or branch for the preceding year of account shall be re-appointed as auditor of the society or branch for the current year of account unless (a) a resolution has been passed at a general meeting of the society or branch appointing somebody instead of him or providing expressly that he shall not be re-appointed; or (b)he has given to the society or branch notice in writing of his unwillingness to be re-appointed; or (c)he is ineligible for appointment as auditor of the society or branch for the current year of account; or (d)he has ceased to act as auditor of the society or branch by reason of death or incapacity. (2) Where notice is given of an intended resolution to appoint at a general meeting some person or persons in place of a retiring auditor and the resolution cannot be proceeded with at the meeting because of the death or incapacity of that person or persons, or because he is or they are ineligible for appointment as auditor or auditors of the society or branch for the current year of account (as the case may be), the retiring auditor shall not be automatically re-appointed by virtue of subsection (1). (3) For the purposes of this section, a person is ineligible for appointment as auditor of a registered society or branch for the current year of account if, but only if, (a)his appointment in relation to the society or branch is prohibited by section 30, or (b)(in the case of a society or branch which is not an exempt society or branch in respect of that year of account) he is not a qualified auditor at the time when the question of his appointment falls to be considered. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 27 Notice of resolutions relating to appointment and removal of auditors. 27.(1) Subject to subsection (4), a resolution at a general meeting of a registered society or branch (a)appointing another person as auditor in place of a retiring qualified auditor, or (b)providing expressly that a retiring auditor shall not be re-appointed, (2) Where notice of the intention to move any such resolution has been given under subsection (1) to a society or branch which is required by its rules to give notice to its members of the meeting at which the resolution is to be moved, the society or branch shall, if it is practical to do so, give them notice of the resolution at the same time and in the same manner as it gives notice of the meeting. (3) Where notice of the intention to move any such resolution has been given to a registered society or branch under subsection (1), and that society or branch does not give notice of the resolution under subsection (2), it shall give notice of the resolution to its members not less than 14 days before the meeting at which the resolution is to be moved either by advertisement in a newspaper having an appropriate circulation or in any other way allowed by the rules of the society or branch. (4) Where (a)for any of the reasons mentioned in section 26(2), an intended resolution to appoint some person or persons in place of a retiring qualified auditor cannot be proceeded with at the meeting, and (b)by the rules of the registered society or branch an auditor can only be appointed by a resolution passed at a general meeting after notice of the intended resolution has been given to the society before the meeting, (5) Any provision in this section which requires notice to be given to the members of a society or branch shall be construed, in the case of a meeting of delegates appointed by members as requiring notice to be given to the delegates so appointed. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 28 Proceedings subsequent to receipt of notice under s.27. 28.(1) On receipt by a registered society or branch of notice given under section 27(1), the society or branch shall forthwith send a copy of the notice to the retiring auditor. (2) On receipt of a copy of such a notice, the retiring auditor may at any time before the date of the general meeting make representations in writing to the society or branch (not exceeding a reasonable length) with respect to the intended resolution, and, without prejudice to the preceding provision, the retiring auditor may (a)notify the society or branch that he intends to make such representations; and (b)request that notice of his intention, or of any such representations made by him and received by the society or branch before notice of the intended resolution is given to its members, shall be given to members of the society or branch. (3) Subject to subsection (4), a society or branch which receives representations or a notification of intended representations under subsection (2) before the date when notice of the intended resolution is required by subsection (2) or (as the case may be) subsection (3) of section 27 to be given to its members shall (a)in any notice of the resolution given to its members, state that it has received those representations or that notification (as the case may be), (b)in any such notice, state that any member may receive on demand made before the date of the general meeting a copy of any representations which have been or may be received by the society or branch before that date, and (c)send a copy of any representation received by the society or branch before the date of the meeting to any member on demand made before that date; (4) Copies of any such representations need not be sent out, and the representations need not be read out at the meeting, if, on the application either of the society or branch or of any other person, the High Court is satisfied that the rights conferred by this section are being abused to secure needless publicity for defamatory matter; and the Court may order the costs of the society or branch on an application under this section to be paid, in whole or in part, by the auditor, notwithstanding that he is not a party to the application. (5) Any provision in this section which requires notice to be given to the members of a society or branch or confers any right upon a member (as the case may be) shall be construed, in the case of a meeting of delegates appointed by members, as requiring a notice to be given to the delegates so appointed or as conferring the right upon a delegate (as the case may be). FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 29 Qualified auditors. 29.(1) Subject to subsection (2), no person shall be a qualified auditor for the purposes of this Act unless he is either a member of one or more of the following bodies, that is to say, (a)the Institute of Chartered Accountants in Ireland; (b)the Institute of Chartered Accountants in England and Wales; (c)the Institute of Chartered Accountants of Scotland; (d)the Association of Certified and Corporate Accountants; (e)any other body of accountants [established in the United Kingdom and for the time being recognised for the purposes of section 155(1)(a) of the Companies Act (Northern Ireland) 1960 by the Ministry] [ for the time being listed in Article 26(1)(a)of the Companies (Northern Ireland) Order 1978], (2) Subject to subsection (3), for the purposes of any provision (except subsections (2) and (3) of section 25) of this Act a person who is not a qualified auditor under subsection (1) of this section shall nevertheless be a qualified auditor in relation to any particular registered society or branch if (a)he is at the passing of this Act an approved auditor appointed by the Ministry under section 30 of the Act of 1896, and (b)he audited the accounts and balance sheet of that society or branch for the year of account immediately preceding the year of account comprising that date and for every year of account since the first-mentioned year until the current year of account. (3) The registrar may at any time direct that a person who is a qualified auditor in relation to a particular society or branch or particular societies or branches by virtue of subsection (2) shall cease to be so qualified from the date of that direction. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 30 Restrictions on appointment of auditors. 30.(1) None of the following persons may be appointed as auditor of a registered society or branch, that is to say, (a)an officer or servant of the society or branch; or (b)a person who is a partner of, or in the employment of, or who employs, an officer or servant of the society or branch; or (c)a body corporate. (2) Nothing in this section shall prevent the appointment as auditor of a registered society or branch of a Scottish firm if none of the partners of the firm is ineligible for appointment as auditor of the society or branch by virtue of subsection (1). (3) Any appointment made by a registered society or branch in contravention of this section shall not be an effective appointment for the purposes of this Act. (4) References in subsection (1) to an officer or servant shall be construed as not including an auditor. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 31 Auditors' report. 31.(1) The auditors of a registered society or branch shall make a report to the society or branch on the accounts examined by them and on the revenue account or accounts and the balance sheet of the society or branch for the year of account in respect of which they are appointed. (2) The report shall state whether the revenue account or accounts and the balance sheet for that year comply with the requirements of this Act and whether, in the opinion of the auditors (a)the revenue account or accounts give a true and fair view, in accordance with section 23, of the income and expenditure of the society or branch as a whole for that year of account and, in the case of each such account which deals with a particular business conducted by the society or branch, a true and fair view in accordance with that section of the income and expenditure of the society or branch in respect of that business for that year; and (b)the balance sheet gives a true and fair view, in accordance with that section, either of the assets and current liabilities of the society or branch and the resulting balances of its funds or of the state of the affairs of the society or branch (as the case may require) as at the end of that year of account. (3) Without prejudice to subsection (2), where the report of the auditors relates to any accounts other than the revenue account or accounts for the year of account in respect of which they are appointed, that report shall state whether those accounts give a true and fair view of any matter to which they relate. (4) It shall be the duty of the auditors of a registered society or branch, in preparing their report under this section, to carry out such investigations as will enable them to form an opinion as to the following matters, that is to say, (a)whether the society or branch has kept proper books of account in accordance with the requirements of section 22(1)(a); and (b)whether the society or branch has maintained a satisfactory system of control over its transactions in accordance with the requirements of section 22(1)(b); and (c)whether the revenue account or accounts, the other accounts, if any, to which the report relates, and the balance sheet are in agreement with the books of account of the society or branch; (5) If the auditors fail to obtain all the information and explanations which, to the best of their knowledge and belief, are necessary for the purposes of their audit, they shall state that fact in their report. (6) The foregoing provisions of this section shall not have effect so as to impose any duties or confer any rights upon auditors in respect of any year of account of a society or branch beginning before 1st January 1971. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 32 Auditors' right of access to books and to attend and be heard at meetings. 32.(1) Every auditor of a registered society or branch (a)shall have a right of access at all times to the books, deeds and accounts of the society or branch and to all other documents relating to its affairs; and (b)shall be entitled to require from the officers of the society or branch such information and explanations as he thinks necessary for the performance of the duties of the auditors. (2) The auditors of a registered society or branch shall be entitled (a)to attend any general meeting of the society or branch, and to receive all notices of, and other communications relating to, any general meeting which any member of the society or branch is entitled to receive; and (b)to be heard at any meeting which they attend on any part of the business of the meeting which concerns them as auditors. (3) The foregoing provisions of this section shall not have effect so as to impose any duties or confer any rights upon auditors in respect of any year of account of a society or branch beginning before 1st January 1971. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 33 Remuneration of qualified auditors. 33.(1) The registrar may, with the consent of the Ministry, prescribe the maximum rates of remuneration to be paid by all registered societies and branches, or such registered societies and branches as may be specified, for the audit of their accounts and balance sheets by qualified auditors. (2) Where the maximum rate of remuneration which may be paid by a registered society or branch for the audit of its accounts and balance sheet has been prescribed under subsection (1), no auditor shall, in respect of his services to that society or branch, ask for, receive, or be entitled to receive, remuneration in excess of the rate so prescribed. Valuations. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 34 34.(1) Subject to the following provisions of this section, every registered society and branch, once at least in every five years, shall (a)cause its assets and liabilities to be valued by a qualified actuary appointed by the society or branch; and (b)send to the registrar a report on the condition of the society or branch. (2) The Ministry may prescribe the maximum rates of remuneration to be paid by societies or branches for the services of a qualified actuary for the purposes of any such valuation as is referred to in subsection (1). (3) When a valuation is made under subsection (1), the report sent to the registrar under paragraph (b) of that subsection (a)shall be signed by the actuary who made the valuation and shall state his address; and (b)shall contain an abstract to be made by the actuary of the results of his valuation, together with a statement containing such information with respect to the benefits assured and the contributions receivable by the society or branch, and of its funds and effects, debts and credits, as the registrar may require. (4) Subsection (1) shall not apply (a)to a benevolent society, working men's club, old people's home society, cattle insurance society or to a branch thereof; or (b)to a specially authorised society unless it is so directed in the authority for registering that society. (5) The registrar may dispense with the provisions of subsection (1) in respect of societies or branches to whose purposes, or to the nature of whose operations, he may deem those provisions inapplicable. (6) The registrar may dispense with the provisions of subsection (1) in respect of any particular business conducted by a registered society or branch if, in his opinion, those provisions are inapplicable to that business because of the nature of the business or the manner in which it is conducted, and in relation to any such society or branch on which a partial exemption is conferred under this subsection, subsection (1) shall have effect (subject to any regulations made or direction given under section 35) as if (a)it required that society or branch once at least in every five years to cause its assets and liabilities in respect of any business other than the business to which the partial exemption relates to be valued under this section; and (b)the report required to be sent to the registrar under subsection (1) were a report on the assets and liabilities so valued. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 35 Regulations and directions of registrar relating to valuations. 35.(1) The registrar may by regulations provide that in relation to any registered society or branch of a class specified in the regulations, section 34 shall have effect as if for the period of five years specified in subsection (1) of that section there were substituted a period of three years. (2) The registrar may by regulations provide that in relation to any registered society or branch of a class specified in the regulations, section 34 shall have effect as if it required the society or branch (a)to cause its assets and liabilities in respect of any business of a class so specified to be valued under that section and to send to the registrar a report of those assets and liabilities at least once in every three years; and (b)to cause its assets and liabilities in respect of any other business (other than business to which a partial exemption under section 34(6) relates) to be so valued and to send to the registrar a report on those assets and liabilities at least once in every five years. (3) The registrar may by regulations provide that every society or branch of a class specified in the regulations which is first registered after the passing of this Act shall cause its assets and liabilities to be valued for the first time under section 34 as at a date so specified. (4) Without prejudice to the preceding provisions of this section, if in the opinion of the registrar it is expedient in the interests of the members of any particular registered society or branch to do so, he may direct that, in relation to that society or branch, section 34 shall have effect (a)as if for the period of five years specified in subsection (1) of that section there were specified a period of three years; or (b)as if it required that society or branch (i)to cause its assets and liabilities in respect of any particular business specified in the direction to be valued under that section and to send to the registrar a report on those assets and liabilities at least once in every three years; and (ii)to cause its assets and liabilities in respect of any other business (other than business to which a partial exemption under subsection (6) of that section relates) to be so valued and to send to the registrar a report on those assets and liabilities at least once in every five years. (5) The registrar may at any time revoke a direction given by him under subsection (4). FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 36 Annual return. 36.(1) Every registered society and branch shall once in every year, not later than 31st May, send to the registrar a return (in this Act called an "annual return") relating to its affairs for the year of account preceding that in which the return is required to be sent. (2) In the case of a branch, the annual return shall be sent to the registrar through an officer appointed in that behalf by the society of which the branch forms part. (3) Every annual return of a registered society or branch (a)shall be made up for the year of account to which the return relates; and (b)shall contain the revenue account or accounts of the society or branch prepared in accordance with section 23(2) in respect of the year of account to which the return relates and a balance sheet as at the end of that year; and (c)shall not contain any accounts other than the revenue account or accounts for that year unless those other accounts have been examined by the auditors of the society or branch under section 31. (4) A registered society or branch shall, together with every annual return, send a copy of the report of the auditors on the accounts and balance sheet contained in the return. (5) Every annual return sent to the registrar by a registered society or branch to which section 34 applies shall include a statement specifying either (a)in the case of a society or branch on which no exemption from the provisions of section 34 has been conferred, either under subsection (5) or subsection (6) of that section, the date of the last report under that section on the condition of the society or branch or the dates respectively of the last reports under that section on the assets and liabilities of the society or branch in respect of particular businesses conducted by it, and a place where a copy of that report or copies of those reports (as the case may be) may be inspected; or (b)in the case of a society or branch on which a complete exemption from the provisions of section 34 has been conferred under subsection (5) of that section, the reason for that exemption; or (c)in the case of a society or branch on which a partial exemption from the provisions of section 34 has been conferred under subsection (6) of that section, the reason for that partial exemption and the date of the last report, or the dates respectively of the last reports, under that section on the assets and liabilities of the society or branch in respect of any business or businesses conducted by it, and a place where a copy of that report or copies of those reports (as the case may be) may be inspected. (6) The foregoing provisions of this section shall not have effect where the annual return relates to a year of account beginning before 1st January 1971. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 37 Copies of annual return to be supplied on demand. 37.(1) On the application of a member or person interested in its funds a registered society or branch shall supply to him free of charge either (a)a copy of the last annual return of the society or branch; or (b)a balance sheet or other document duly audited containing the same particulars relating to the affairs of the society or branch as are contained in the annual return. (2) Together with every copy of an annual return supplied in accordance with paragraph (a) of subsection (1) and together with every balance sheet or other document supplied in accordance with paragraph (b) of that subsection, a registered society or branch shall provide a copy of the report of the auditors on the accounts and balance sheet contained in the return or on the balance sheet or document supplied, as the case may require. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 38 Copies of balance sheet and valuation to be displayed. 38. Every registered society and branch shall keep always hung up in a conspicuous place at the registered office of the society or branch (a)a copy of the last annual balance sheet together with the report of the auditors thereon; and (b)a copy of the last report under section 34 on the condition of the society or branch or, where a report or reports are required under that section in respect of a particular business or particular businesses conducted by the society or branch, a copy of the last report under that section in respect of that business or in respect of each of those businesses, as the case may require. Investment of funds. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 39 39.(1) Subject to subsection (4), the trustees of a registered society or branch may, with the consent of the commmittee or of a majority of the members present and entitled to vote in general meeting, invest the funds of the society or branch or any part thereof to any amount in any of the following ways, that is to say, (a)in any investment in which trustees are for the time being by law authorised to invest trust funds; or (b)in the National Savings Bank or in any savings bank certified under the Trustee Savings Banks Act 1863, the Trustee Savings Banks Act 1954 or the Trustee Savings Banks Act 1969; or (c)in the public funds of the United Kingdom or Northern Ireland; or (d)in the purchase of land, or in the erection or alteration of offices or other buildings thereon; or (e)upon any other security expressly directed by the rules of the society or branch, other than personal security except as is in this Act authorised with respect to loans. (2) A friendly society or branch may, in accordance with its rules, set up and administer a fund for the purchase, on behalf of members contributing thereto, of defence bonds, national savings certificates, Ulster savings certificates or such other securities of the Government of the United Kingdom or the Government of Northern Ireland as the Ministry may prescribe. (3) Any such society or branch may, in amending its rules for the purpose of subsection (2), make provision for enabling persons to become members of the society or branch for the purpose only of contributing to the said fund and without being entitled to any rights as members other than as contributors to the said fund. (4) The rules of a society with branches and of any branch thereof may provide for the investment of funds of the society or of that branch by the trustees of any branch, or by the trustees of the society, and the consent required for any such investment shall be the consent of the committee, or of such a majority of the members as is mentioned in subsection (1), of the society or branch by whom the funds are invested. (5) Nothing in this section shall be construed as imposing any obligation on the Director of Savings or on the trustees of a trustee savings bank with respect to the receipt by him or them of any funds of a registered society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 40 Loans to assured members. 40.(1) A registered society and, subject to the rules of the society of which it is a branch, a registered branch may advance to a member of at least one full year's standing any sum not exceeding one-half of the amount of an assurance on his life, on the written security of himself and two satisfactory sureties for repayment. (2) The amount so advanced, with all interest thereon, may be deducted from the sum assured, without prejudice in the meantime to the operation of the security. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 41 Loans out of separate loan fund. 41. A registered society may, out of any separate loan fund to be formed by contributions or deposits from its members, make loans to members on their personal security, with or without sureties as may be provided by the rules, subject to the following restrictions, that is to say, (a)a loan shall not at any time be made out of money contributed for the other purposes of the society; (b)a member shall not be capable of holding any interest in the loan fund exceeding #200; (c)the society shall not make any loan to a member on personal security beyond the amount fixed by the rules, or make any loan which, together with any money owing by a member to the society, exceeds #50; and (d)the society shall not hold at any one time on deposit from its members any money beyond the amount fixed by the rules, and the amount so fixed shall not exceed two-thirds of the total sums owing to the society by the members who have borrowed from the loan fund. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 42 Loans of surplus funds to registered society or branch of different description. 42.(1) Subject to the provisions of this section and of section 43, a registered society or branch (other than a benevolent society or branch thereof) may, if its rules so provide, make advances by way of loan to a registered society or registered branch of a society which is not of the same description and may take such part in the government and control of the society or branch to which any such advance is made or agreed to be made as may be provided by the rules of that society or branch. (2) An advance shall not be made by a society or branch by virtue of this section unless the value of its assets showed a surplus over the amount of its liabilities according to the last valuation under section 34 or, in the case of a society or branch of which the assets and liabilities are not valued under that section, according to its last annual return under section 36; and (a)no advance shall be so made to an amount greater, with any amounts outstanding in respect of previous advances so made, than the amount for the time being unapplied of that surplus; (b)for any purpose other than the purposes of paragraph (a), in determining the amount so unapplied there shall be deducted any amounts outstanding in respect of advances so made after the date to which the valuation or return relates. (3) An advance under this section may be interest free. (4) For the purposes of this section a society or branch shall be deemed to be of the same description as another society or branch if, but only if, they are both registered by virtue of the same paragraph of section 1(1) and, where each of them is a specially authorised society, they are both established for the same purpose or purposes. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 43 Power of friendly society to invest in housing association. 43.(1) Without prejudice to section 39, if the rules of a registered friendly society or branch thereof expressly so direct, the trustees thereof may, with the consent of the committee or of a majority of the members present and entitled to vote in general meeting, invest the funds of the society or branch or any part thereof, in subscribing up to any amount permitted by this section for any of the share or loan capital of a housing association, other than shares or debentures not fully paid up at the time of issue. (2) The power to make investments conferred by this section is subject to the same restrictions as are imposed by section 42(2) on the power to make advances conferred by that section. (3) For the purposes of subsection (2) of section 42 any amounts for the time being invested by virtue of this section shall be taken into account in the same way as amounts outstanding in respect of advances made by virtue of that section, but so that, except in the case of investments made after the date to which the valuation or return relates, the amounts invested shall be taken to be amounts equal to the value of the investments according to the valuation or return referred to in subsection (2) of that section. (4) For the purposes of this section "housing association" means a housing association within the meaning of [Part VII of the Housing (Northern Ireland) Order 1981] or a housing association (other than a development corporation) within the meaning of the Housing Act 1957 or the Housing (Scotland) Act 1966. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 44 Charitable subscriptions and contributions to other registered societies. 44.(1) A registered society or branch may subscribe out of its funds to any hospital, infirmary, charitable or provident institution, any annual or other sum which may be necessary to secure to members of the society or branch and their families the benefits of the hospital, infirmary or other institution. (2) In accordance with its rules, a registered society or branch may contribute to the funds and take part by delegates or otherwise in the government of any other registered society or registered branch of a society without becoming a branch under this Act of that other society or branch. (3) A registered society or branch shall not withdraw from contributing to the funds of a medical society, that is to say, a society for the purpose of relief in sickness by providing medical attendance and medicine, except on three months' notice to the medical society and on payment of all contributions accrued or accruing due to the date of the expiry of the notice. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 45 Holding of land. 45. A registered society or branch may, if its rules so provide, hold, purchase or take on lease in the names of the trustees of the society or branch any land, and may dispose of or mortgage any such land and erect, alter or pull down buildings on it, and (a)no purchaser, assignee, mortgagee or tenant shall be bound to inquire as to the authority for any disposal or mortgage by the trustees; and (b)the receipt of the trustees shall be a discharge for all sums of money arising from, or in connection with, any such disposal or mortgage. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 46 Vesting of property in trustees. 46.(1) All property belonging to a registered society whether acquired before or after the society is registered, shall vest in the trustees for the time being of the society, for the use and benefit of the society and the members thereof and all persons claiming through the members according to the rules of the society. (2) The property of a registered branch of a society shall vest wholly or partly in the trustees for the time being of that branch, or of any other branch of which that branch forms part (or, if the rules of the society so provide, in the trustees for the time being of the society), for the use and benefit either of the members of any such branch and persons claiming through those members or of the members of the society generally and persons claiming through them according to the rules of the society. (3) Notwithstanding anything in subsections (1) and (2), the trustees of a registered society or branch shall not be liable to make good any deficiencies in the funds of the society or branch, but each trustee shall be liable only for sums of money actually received by him on account of the society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 47 Legal proceedings concerning property. 47. In all legal proceedings whatsoever concerning any property vested in the trustees of a registered society or branch, the property may be stated to be the property of the trustees in their proper names as trustees for the society or branch without further description. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 48 Discharge of certain mortgages. 48.(1) Where, in the case of any mortgage to a registered society or branch of any property, a receipt in full for all moneys secured thereby on that property is endorsed on or annexed to the mortgage, being a receipt (a)signed by the trustees of the society or branch and countersigned by the secretary thereof; and (b)in the form set out in Schedule 4 or in any other form specified in the rules of the society or branch or any schedule thereto, (2) If the mortgage is registered in accordance with the Registration of Deeds Acts, the registrar under those Acts shall (a)on production of the receipt mentioned in subsection (1) make a note in the Abstract Book against the entry relating to the mortgage that the mortgage is satisfied; and (b)grant a certificate, either on the mortgage or separately, that the mortgage is satisfied. (3) The certificate granted under subsection (2)(b) shall (a)be received in all courts and proceedings without further proof; and (b)have the effect of clearing the register of the mortgage. (4) In this section "mortgage" includes a further charge and "mortgagor", in relation to a mortgage, means the person for the time being entitled to the equity of redemption. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 49 Devolution of property on death, resignation or removal of trustee. 49. On the death, resignation or removal of a trustee of a registered society or branch, all property (whether real or personal) vested in him as such a trustee shall, without conveyance or assignment, vest subject to the same trusts in the succeeding trustees of that society or branch, either solely or together with any surviving or continuing trustees; and until the appointment of succeeding trustees that property shall so vest in the surviving or continuing trustees only or in the personal representatives of the last surviving or continuing trustee. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 50 Priority on death, bankruptcy, etc., of officer. 50.(1) This section applies in the following cases, that is to say, (a)on the death or bankruptcy of any officer of a registered society or branch who has in his possession, by virtue of his office, any money or property belonging to the society or branch; and (b)if any execution, attachment, or other process is issued, or action raised against any such officer or against his property. (2) Where this section applies then, upon demand in writing of the trustees of the society or branch, or of any two of them, or of any person authorised by the society or branch or by the committee thereof to make the demand, the executors or administrators or trustees or assignees in bankruptcy or the other person executing the process shall pay the money and deliver over the property to the trustees of the society or branch in preference to any other debt or claim against the estate of the officer. (3) In this section the expression "bankruptcy" includes a petition for arrangement with creditors. Membership of persons under age of eighteen. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 51 51.(1) The rules of a registered society or branch may provide for the admission as a member of any person under the age of eighteen. (2) Any member under the age of eighteen may, if he is over the age of sixteen by himself, and if he is under the age of sixteen by his parent or guardian, execute all instruments and give all acquittances necessary to be executed or given under the rules. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 52 Members' subscriptions not generally recoverable at law. 52. Except as provided by section 15, the subscription of a person who is or has been a member of a registered society or branch shall not be recoverable at law. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 53 Inspection of books by members. 53.(1) Subject to subsection (2), a member or person having an interest in the funds of a registered society or branch may inspect the books at all reasonable hours at the registered office of the society or branch or at any place where the books are kept. (2) Unless he is an officer of the society or branch or is specially authorised by resolution of the society or branch to do so, a member or person having an interest in the funds of a registered society or branch shall not have the right to inspect the loan account of any other member without the written consent of that member. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 54 Accumulation of member's surplus contributions. 54. The rules of a registered society or branch may provide for accumulating at interest, for the use of any member, any surplus of his contributions to the funds of the society or branch which may remain after providing for any assurance in respect of which they are paid and for the withdrawal of the accumulations. Maximum benefits. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 55 55.(1) A member, or person claiming through a member, of a registered friendly society or branch, shall not be entitled to receive from any one or more such societies or branches (a)more than [#2,000] by way of gross sum under tax exempt life or endowment business, (b)more than [#416] a year by way of annuity under tax exempt life or endowment business, (c)[more than #25,000 by way of gross sum under life or endowment business which is not tax exempt], (d)more than [#2,500] a year by way of annuity under life or endowment business which is not tax exempt, (2) In applying the limits in this section there shall be disregarded any bonus or addition declared upon assurance of a gross sum or annuity [any approved annuities as defined in section 226(13) of the Income and Corporation Taxes Act 1970] [and any policy of insurance or annuity contract, by means of which at the date on which it was issued, or as the case may be, entered into, the minimum benefits of a recognised occupational pension scheme under Part II of the Social Security Act 1973 were secured ] [and any policy of insurance or annuity contract, by means of which the benefits to be provided under an occupational pension scheme as defined in Article 2(2) of the Social Security Pensions (Northern Ireland) Order 1975 are secured.] (3) For the purposes of this section the limits in paragraphs (c) and (d) of subsection (1) shall apply separately in relation to the amounts which may be received (a)by way of group insurance business; and (b)by way of other business. (4) The registrar may by order made with the consent of the Ministry and subject to negative resolution from time to time increase or further increase all or any of the limits in paragraphs (c) and (d) of subsection (1). (5) Subject to subsection (6), the rules of any registered friendly society or branch may within six months from the time when any increase is effected under subsection (4) be amended by resolution of the committee of management so as to permit the society or branch to assure additional amounts within the limits prescribed by virtue of that increase. (6) If, after any increase is effected under subsection (4), any amendment of the rules of a friendly society or branch is made otherwise than under subsection (5), the power of the committee of management thereof under subsection (5) shall determine on the date on which the amendment is registered. (7) A friendly society or branch may require a member, or person claiming through a member, to make and sign a statutory declaration that the total amount to which that member or person is entitled from one or more registered societies or branches (taking together all friendly societies or branches registered either in Northern Ireland or in Great Britain) does not exceed the limits applicable by virtue of this section and any person knowingly making a false or fraudulent statement in any such statutory declaration shall be guilty of an offence and liable to the penalties provided by [Article 10 of the Perjury (Northern Ireland) Order 1979]. (8) In this section, "mortgage protection policy" means a policy of assurance of a gross sum, the whole or the major part of which is applicable solely for the purpose of meeting payments due under a mortgage or charge of land. (9) In this section, the expression [(a)"life or endowment business" has the meaning assigned to it by subsection (2) of section 337 of the Income and Corporation Taxes Act 1970;] (b)"tax exempt life or endowment business" has the meaning assigned to it by subsection (3) of section 337 of the Income and Corporation Taxes Act 1970; (10) In this section, "group insurance business" has the same meaning as in paragraph 11(5) of Schedule 2. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 56 1979 NI 19 56.(1) Subject to the following provisions of this section, a member of a registered society or of a branch thereof who is not under the age of sixteen may, by a written statement signed by him and during his lifetime delivered at or sent to the registered office of the society or branch, or made in a book kept at that office, nominate a person or persons to whom any sum of money payable by the society or branch on the death of that member, shall be paid at his death. (2) Subject to paragraph 9 of Schedule 9, the total amount payable by a society or branch on the death of a member in pursuance of a nomination under this section (whether in favour of one nominee or more) shall not exceed #500. (3) The sum payable on the death of a member by a registered society or branch shall include sums of money contributed to or deposited in the separate loan fund and any sum of money accumulated for the use of the member under the provisions of this Act, together with interest thereon. (4) Any reference in subsections (1) to (3) to a registered society does not include a benevolent society, a working men's club or an old people's home society. (5) A person nominated under this section must not at the date of the nomination be an officer or servant of the society or branch, unless that officer or servant is the husband, wife, father, mother, child, brother, sister, nephew or niece of the nominator. (6) A nomination by a member of a society or branch under subsection (1) may be revoked or varied by a subsequent nomination by him thereunder or by any similar document in the nature of a variation or revocation signed by the nominator and during his lifetime delivered, sent or made as mentioned in subsection (1) but shall not be variable or revocable by the will of the nominator or by any codicil thereto. (7) The marriage of a member of the society or branch shall operate as a revocation of any nomination previously made by that member under this section. (8) A nomination, or a variation or revocation of a nomination, by a written statement signed by a member of a registered branch and during his lifetime delivered at or sent to the registered office of that branch, or made in a book kept at that office, shall be effectual notwithstanding that the money to which the nomination relates, or some part thereof, is not payable by that branch but is payable by the society or some other branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 57 1970 c.10 57.(1) Subject to subsection (2) of section 56, on receiving satisfactory proof of the death of a nominator, the society or branch shall pay to his nominee or nominees the amount due to the deceased or such smaller amount as may have been nominated. (2) The receipt of a nominee over the age of sixteen for any amount paid in accordance with this section shall be valid. (3) Where any sum falls to be paid under subsection (1) to a nominee who is under the age of sixteen, the society or branch may pay that sum to either parent, or to a guardian, of the nominee or to any other person of full age who will undertake to hold it on trust for the nominee or to apply it for his benefit and whom the society or branch may think a fit and proper person for the purpose, and the receipt of that parent, guardian or other person shall be a sufficient discharge to the society or branch for all moneys so paid. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 58 Power of member to nominate person to receive sums payable on his death. 58.(1) If any member of a registered society or branch entitled from the funds thereof to a sum not exceeding #500 (or such higher amount as may be substituted under section 6(1) of the Administration of Estates (Small Payments) Act (Northern Ireland) 1967) dies without having made any nomination thereof then subsisting, the society or branch may, without letters of administration or probate of any will, distribute the sum among such persons as appear to the committee, upon such evidence as it may deem satisfactory, to be entitled by law to receive that sum. (2) If any such member is illegitimate and dies intestate, the society or branch may pay the sum of money mentioned in subsection (1) to or among the persons who, in the opinion of the committee, would be entitled thereto if that member had been legitimate. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 59 Provision for small payments on death. 59.(1) A payment made by a registered society or branch under section 58 shall be valid and effectual against any demand made upon the trustees or the society or branch by any other person, but the personal representatives of the deceased member shall have a remedy for recovery of the money paid under that section against the person who has received that money. (2) Where a society or branch has paid money to a nominee in ignorance of a marriage subsequent to the nomination, the receipt of the nominee shall be a valid discharge to the society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 60 1967 c.5 60.(1) A registered society or branch shall not pay any sum of money upon the death of a member or other person whose death is, or ought to be, entered in any register of deaths, except upon the production (a)of a certificate of that death under the hand of the registrar of deaths or other person having care of the register of deaths in which that death is, or ought to be, entered; or (b)of the grant of representation to the estate of the member or other person. (2) A registered society or branch may in its discretion dispense with the requirements of subsection (1) in any case where the death occurs at sea or by colliery explosion or other accident where the body cannot be found or in the case of a death certified by a coroner to be the subject of a pending inquest or inquiry. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 61 Validity of payments under s.58. 61.(1) Subject to the following provisions of this section, a registered society or branch shall not insure so as to render any sum payable under the insurance on the death of any person at any time before he or she attains the age of ten, otherwise than by way of repayment of the whole or any part of the premiums paid. (2) Subsection (1) does not apply to a sum payable to another person who has an interest in the life of the person on whose death the sum is payable. (3) Subsections (1) and (2) apply to an unregistered society or branch as they apply to a registered society or branch. (4) Subject to the provisions of any [order under Article 52 of the Industrial Assurance (Northern Ireland) Order 1979] (which confers power to extend the application of this section and of certain provisions of that Act originally limited to persons resident in Northern Ireland), subsection (1) applies only in the case of a person who, at the time of the proposal, is ordinarily resident in the United Kingdom or the Isle of Man. (5) Any society or branch which insures in contravention of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding #50. (6) If a parent or personal representative of a parent claiming money on the death of a child produces a certificate of the death other than is in this Act provided to the society or branch from which the money is claimed, or produces a false certificate, or one fraudulently obtained, or in any way attempts to defeat the provisions of this Act with respect to the payment upon the death of children, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding #10. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 62 Prohibition of insuring money to be paid on death of a child under ten. 62.(1) In effecting an insurance for the purpose referred to in paragraph 2(d) of Schedule 1, a registered friendly society or branch thereof shall not 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 #30. (2) Where any such insurance has been effected as is mentioned in subsection (1), then, subject to subsection (3), (a)the society or branch shall not, by virtue of or in connection with that insurance, pay to any person any sum which exceeds #30 when taken alone; and (b)the society or branch shall not, by virtue of or in connection with that insurance, pay to the person by whom that insurance was taken out any sum which exceeds #30 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 or insurances taken out by him; and (c)if any payment has been made on the death in question by virtue of or in connection with that insurance to the person by whom it was taken out and that payment has not been repaid, the society or branch shall not 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 #30 when added to the sum 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. (3) For the purposes of subsection (2), there shall be excluded any sum insured to be paid, or paid, (a)by way of bonus, other than a guaranteed bonus; or (b)by way of repayment of premiums; or (c)under a free paid-up policy which was in force as such on 30th June 1948 or had been applied for or claimed before that date. (4) In this section the expression "relevant insurance" means an insurance effected (whether before or after the passing of this Act) by a registered friendly society or branch or by an industrial assurance company in exercise of any power conferred by (a)section 3 of the Industrial Assurance Act (Northern Ireland) 1924 (which has not been operative in the case of insurances on lives of persons resident in the United Kingdom or the Isle of Man since 1949); (b)section 1 of the Industrial Assurance and Friendly Societies Act (Northern Ireland) 1929 (which has similarly not been operative since 1949); (c)section 2(1) of the Industrial Assurance and Friendly Societies Act (Northern Ireland) 1948 (which after the passing of this Act is confined to industrial assurance companies but is otherwise similar to paragraph 2(d) of Schedule 1 to this Act); ... (d)paragraph 2(d) of Schedule 1. (5) References in this section to a payment on a person's death include references to a payment for his funeral expenses and in this section, in section 63 and in paragraph 2(d) of Schedule 1 the expression "parent" includes a stepfather and a stepmother. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 63 1948 c.22 63.(1) The provisions of Schedule 5 shall have effect with regard to the production of certificates of death in connection with the making of payments relevant for the purposes of section 62. (2) Where under any relevant insurance effected by a registered society or branch 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 of or on all or any of the rights in respect of the insurance conferred on him by the policy, [or by Article 30 (provisions as to forfeited policies), or Article 35 (rights of owners of certain endowment policies), of the Industrial Assurance (Northern Ireland) Order 1979] 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 afoot or restoring the insurance, be void; and on any bankruptcy of his none of those rights shall pass to any trustee or other person acting on behalf of his creditors. (3) In this section "relevant insurance" has the same meaning as in section 62. (4) Any registered society or branch which fails to comply with the provisions of section 62 shall be guilty of an offence under this section unless it is proved that, owing to any false representation on the part of the proposer, the society or branch did not know that the insurance was in contravention of that section. (5) A society or branch which is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding #50. 1979 NI 13 FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 64 64.(1) Subject to section 65, every dispute between (a)a member or person claiming through a member or under the rules of a registered society or branch, and the society or branch or an officer thereof, or (b)any person aggrieved who has ceased to be a member of a registered society or branch, or any person claiming through such an aggrieved person, and the society or branch or an officer thereof, or (c)any registered branch of a society or branch and the society or branch of which it is a registered branch, or (d)an officer of any such registered branch and the society or branch of which it is a registered branch, or (e)any two or more registered branches of any society or branch, or any officers thereof, (2) An application for the enforcement of such a decision as is referred to in subsection (1) may be made to the county court. (3) Where the rules of a registered society or branch direct that disputes shall be referred to justices, the dispute shall be determined by a court of summary jurisdiction or, if the parties thereto consent, by the county court. (4) In this section, the expression "dispute", (a)includes any dispute arising on the question whether a member or person aggrieved is entitled to be, or to continue to be, a member or to be reinstated as a member, but (b)in the case of a person who has ceased to be a member does not (except as provided in paragraph (a)) include any dispute other than one on a question between him and the society or branch, or an officer thereof, which arose whilst he was a member, or arises out of his previous relation as a member to that society or branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 65 Supplementary provisions as to insurances referred to in s.62. 65.(1) The parties to a dispute in a registered society or branch may, by consent (unless the rules of the society or branch expressly forbid it), refer the dispute to the registrar. (2) The registrar to whom a dispute is referred under this section shall hear and determine the dispute and shall have power to order the expenses of determining the dispute to be paid either out of the funds of the society or branch, or by such parties to the dispute as he may think fit; and his determination and order shall have the same effect and be enforceable in the same manner as a decision made in the manner directed by the rules of the society or branch. (3) In this section "dispute" means a dispute falling within section 64. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 66 Decision of disputes generally. 66.(1) Section 22 of the Arbitration Act (Northern Ireland) 1937 shall not apply to any dispute falling within section 64 and, notwithstanding anything in any other enactment, the court or the registrar, or any arbitrator or umpire to whom such a dispute is referred under the rules of a registered society or branch, shall not be compelled to state a case on any question of law arising in the dispute but may, at the request of either party, state such a case for the opinion of the Court of Appeal. (2) For the purposes of the hearing or determination of a dispute under section 64 or 65 and without prejudice to any powers exercisable by virtue of the Arbitration Act (Northern Ireland) 1937 (a)the registrar may administer oaths and require the attendance of all parties concerned and of witnesses and the production of all books and documents relating to the matter in question, and any person refusing to attend, or to produce any documents, or to give evidence, before the registrar shall be guilty of an offence and liable on summary conviction to a fine not exceeding #10; (b)the registrar or a court of summary jurisdiction may grant to either party such discovery as to documents and otherwise or such inspection of documents being, in the case of discovery to be made on behalf of the society or branch, discovery by such officer of the society or branch as the registrar or court may determine, as might have been granted by the High Court under section 21(1) of and Schedule 2 to the said Act of 1937. (3) Anything which under this section or section 64 or 65 is required or authorised to be done by, to or before the registrar may be done by, to or before such person as he may, with the approval of the Minister, appoint for the purpose and subsections (1) and (2) shall apply to such a person in like manner as they apply to the registrar. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 67 Statement of case and other provisions regarding determination of disputes. 67.(1) Where no decision is made on a dispute within 40 days after application to the registered society or branch in question for a reference under its rules then, subject to subsection (2), any person, society or branch such as is mentioned in paragraphs (a) to (e) of section 64(1) who is a party to the dispute may apply to the county court or to a court of summary jurisdiction, and the court to which application is so made may hear and determine the matter under dispute. (2) In the case of a society with branches, the period of 40 days referred to in subsection (1) shall not begin to run until application has been made in succession to all the bodies entitled to determine the dispute under the rules of the society or branch, but the rules of the society or branch shall not require a greater delay than three months between each successive determination of a dispute by the bodies entitled under the rules to determine the dispute. (3) In this section, "dispute" means a dispute falling within section 64. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 68 1937 c.8 68.(1) Where a registered society or branch (in this section referred to as "the lender") has made or agreed to make advances under section 42 to another society or branch (in this section referred to as "the borrower") and the lender is by reason thereof empowered by the rules of the borrower to take part in the government or control of the borrower, then, subject to subsection (2), sections 64 to 67 shall apply in relation to the determination of any dispute between the lender and the borrower, being a dispute relating to any such advance or agreement or to the rights of the lender or an officer thereof under the rules of the borrower, as if the borrower were a branch of the lender. (2) Where sections 64 to 67 apply by virtue of subsection (1), (a)references in those sections to the rules of the society or branch are references to the rules of the borrower; and (b)section 64(1) shall not prevent the bringing of legal proceedings for the determination of any such dispute as is referred to in subsection (1) unless, before the commencement of the proceedings, application has been made for a reference under the rules of the borrower, and any such proceedings may be brought in a county court, whether or not the court would apart from this provision have jurisdiction to entertain them; and (c)any application under section 67(1) must be made to the county court and not to a court of summary jurisdiction. Reference of disputes to court otherwise than under rules. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 69 69. Stamp duty shall not be chargeable upon any of the following documents, that is to say Para.(a) rep. by 1971 c.27 (NI) s.9 sch.3 Pt.I (b)a letter or power of attorney granted by any person to a trustee for the transfer of any money of a registered society or branch which is invested in his name in the public funds of the United Kingdom or Northern Ireland; Para.(c) rep. by 1971 c.27 (NI) s.9 sch.3 Pt.I (d)a policy of insurance or appointment or revocation of appointment of an agent or other document required or authorised by this Act or by the rules of a registered society or branch. Disputes arising out of loans of surplus funds to societies of different description. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 70 70.(1) Any two or more registered societies may, by special resolution of each of them, become amalgamated together as one society, with or without any dissolution or division of the funds of those societies or any of them. (2) A registered society may, by special resolution, transfer its engagements to any other registered society which, by special resolution or in such other manner as may be authorised by its rules, undertakes to fulfil those engagements. (3) Before a registered society becomes amalgamated with, or transfers its engagements to, another friendly society in pursuance of subsection (1) or subsection (2), or transfers its engagements to a company in pursuance of section 72, information relating to the terms of the proposed amalgamation or transfer shall be given to the members of the society (a)by sending to each member of the society, not less than 14 days before the date of the general meeting at which the resolution for the amalgamation or transfer is to be proposed, a notice in terms approved for the purpose by the registrar; or (b)if the registrar so allows in the case of all or any of the members of the society, by placing an advertisement, in terms approved for the purpose by him, in such newspaper or newspapers, and at such time or times, as he may specify. (4) Where, in accordance with section 75, there is sent to the registrar a copy of a special resolution passed at a meeting of a registered friendly society (a)for the purpose referred to in subsection (1) or subsection (2), or (b)for the purpose of transferring the engagements of the friendly society to a company in pursuance of section 72, (5) A registered society consisting wholly of members under the age of twenty-one and a registered society or branch or branches of a society having members above that age may, by resolutions registered in the manner required for the registration of an amendment of rules, become amalgamated together as one society or branch, or provide for distributing among several branches the members of a society consisting wholly of members under the age of twenty-one; and the preceding provisions of this section shall not apply to such an amalgamation. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 71 Exemptions from stamp duty. 71.(1) Subject to subsection (2), where a special resolution has been passed for the amalgamation, or transfer of the engagements, of a registered friendly society (a)any member of the society may by notice in writing complain to the registrar on the ground that the provisions of this Act or of any rules of the society relating to the procedure for deciding on the resolution have not been complied with; and (b)any person (whether a member of the society or not) who claims that he is one of a class of persons who to a substantial extent would be adversely affected by the amalgamation or transfer may by notice in writing complain to the registrar on that ground. (2) A complaint under this section may not be made after the expiry of the period of six weeks referred to in section 70(4), but where such a complaint is made the copy of the special resolution shall not be registered until the complaint is finally determined or is withdrawn. (3) Sections 65(2) and 66(2) and (3) shall apply in relation to a complaint made to the registrar under this section as they apply in relation to a dispute referred to him under this Act; and it is hereby declared that the Arbitration Act (Northern Ireland) 1937 does not apply to proceedings on a complaint under this section. (4) Where a complaint is made under this section, the registrar may dismiss it or if, after giving the complainant and the registered society concerned an opportunity of being heard, he finds the complaint to be justified, may either (a)so declare, but make no other declaration or order under this subsection on the complaint; or (b)declare the special resolution to be invalid; or (c)make such order as he thinks fit modifying the terms of the amalgamation or transfer and, where appropriate, specifying the steps which must be taken before a copy of the special resolution may be registered; (5) Where an order has been made under subsection (4)(c) in relation to a proposed amalgamation or transfer of engagements, the registrar shall not register a copy of the special resolution for giving effect to that amalgamation or transfer unless satisfied that any steps specified in the order have been taken. (6) Subject to subsections (7) and (8), the validity of a special resolution passed for either of the purposes referred to in subsection (1) shall not be questioned in any legal proceedings whatsoever (except proceedings before the registrar under this section or arising out of any such proceedings) on any ground on which a complaint could be, or could have been, made to the registrar under this section. (7) In the course of proceedings on a complaint under this section the registrar may, if he thinks fit, at the request of the complainant or of the registered society concerned, state a case for the opinion of the Court of Appeal on any question of law arising in the proceedings; and the decision of the court on a case stated under this subsection shall be final. (8) Without prejudice to subsection (1), where a special resolution has been passed for the amalgamation of a registered friendly society (whether or not the resolution has taken effect) any person, whether a member of the society or not, who (a)claims to be entitled to receive any form of benefit from the society, and (b)is dissatisfied with the provision made for satisfying his claim, Objections to amalgamations and transfers of engagements of friendly societies. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 72 72.(1) A registered society may by special resolution determine to convert itself into a company to be formed and registered under the Companies Act (Northern Ireland) 1960 and if such a resolution contains the particulars required by that Act to be contained in the memorandum of association of a company and a copy thereof has been registered by the registrar, a copy of that resolution bearing the signature of the registrar shall have the same effect as a memorandum of association duly signed and attested under that Act. (2) Subject in the case of a registered friendly society to sections 70(3) and (4) and 71, a registered society may by special resolution determine to transfer its engagements to a company formed and registered under the Companies Acts. (3) Subject to subsection (4), if a registered society is registered as, or transfers all its engagements to, a company, the registration of that society under this Act shall thereupon become void and shall be cancelled by the registrar. (4) Registration of a registered society as a company shall not affect any right or claim subsisting against the society or any penalty incurred by the society; and (a)for the purpose of enforcing any such right, claim or penalty, the society may be sued and proceeded against in the same manner as if it had not become registered as a company; and (b)every such right or claim, or the liability to any such penalty, shall have priority as against the property of the company over all other rights or claims against or liabilities of the company. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 73 Conversion into, or transfer of engagements to, company. 73. An amalgamation or transfer of engagements in pursuance of section 70 or 72 shall not prejudice any right of a creditor of any registered society which is a party thereto. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 74 1960 c.22 74.(1) By a resolution passed by a majority of the members or delegates present and entitled to vote at any general meeting, of which notice specifying the intention to propose any such resolution has been duly given according to the rules, a registered society may determine to become a branch of any other registered society. (2) If the rules of the society do not comply with all the provisions of this Act in respect of the registration of branches, the meeting at which any such resolution is passed as is referred to in subsection (1) may amend the rules so as to bring the rules into compliance with this Act. (3) Where such a resolution as is referred to in subsection (1) has been passed at a general meeting of a registered society, there shall be sent to the registrar (a)a copy of the rules of the society marked to show the amendments, if any, made at the meeting, and (b)two copies of the resolution and of any such amendment of rules, each signed by the chairman of the meeting and by the secretary of the society and countersigned by the secretary of the society of which it is to become a branch. (4) If the registrar finds that the rules of a society, with or without any such amendment as is referred to in subsections (2) and (3), comply with the provisions of this Act, he shall (a)without further request or notice, cancel the registration of the society and register it as a branch of the other society referred to in the resolution in question; and (b)without further application or evidence, register any such amendment of rules; (5) Notwithstanding anything in section 80, no advertisement of any cancellation of registration under this section shall be required. (6) The rules of a society which becomes a branch under this section shall, so far as they are not contrary to any express provision of this Act, and subject to any such amendment thereof as is referred to in the preceding provisions of this section, continue in force as the rules of the branch until amended. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 75 Saving for rights of creditors. 75.(1) For the purposes of this Act, a special resolution, in relation to a registered society, is a resolution passed (a)at a general meeting of which notice, specifying the intention to propose that resolution, has been duly given in accordance with the society's rules, and (b)by not less than three-quarters of those members of the society for the time being entitled under the society's rules to vote who vote either in person or by proxy at the meeting or, in the case of a meeting of delegates appointed by members, by not less than three-quarters of the delegates who vote at the meeting. (2) Notwithstanding anything to the contrary in the rules of a registered society, at any such general meeting as is referred to in subsection (1)(a), other than a meeting of delegates, proxy voting shall be permitted on any resolution which, if passed as mentioned in subsection (1)(b), would be a special resolution, and the procedure adopted by a registered society for proxy voting on any such resolution shall comply with any requirements imposed by the registrar by regulations made under this section. (3) A copy of every special resolution for any of the purposes mentioned in this Act, signed by the chairman of the meeting and countersigned by the secretary, shall be sent to the registrar and registered by him, and until that copy is so registered the special resolution shall not take effect. Conversion of society into branch. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 76 76.(1) Subject to subsection (2), upon the application of one-tenth of the whole number of members of a registered society or branch or, in the case of a society or branch of not less than 1,000 members, of the appropriate number of those members, the registrar may (a)appoint an inspector or inspectors to investigate and report on the affairs of the society or branch; or (b)call a special meeting of the society or branch. (2) For the purposes of subsection (1) the appropriate number (a)is 100 in the case of a society or branch of not less than 1,000 and not more than 10,000 members; and (b)is 500 in the case of a society or branch of more than 10,000 members; (3) An application under this section shall be supported by such evidence for the purpose of showing that the applicants have good reason for requiring the investigation or meeting and are not actuated by malicious motives, and such notice of the application shall be given to the society or branch as the registrar shall direct. (4) The registrar may, if he thinks fit, require the applicants to give security for the costs of the proposed investigation or meeting before appointing any inspector or calling the meeting. (5) All expenses of and incidental or preliminary to any such investigation or meeting shall be defrayed by the members applying for it, or out of the funds of the society or branch, or by the members or officers, or former members or officers, of the society or branch in such proportions as the registrar shall direct. (6) An inspector appointed under this section may require the production of all or any of the books and documents of the society or branch, and may examine on oath its officers, members, agents and servants in relation to its business, and may for that purpose administer oaths. (7) The registrar may direct at what time and place a special meeting under this section is to be held, and what matters are to be discussed and determined at the meeting; and the meeting shall have all the powers of a meeting called according to the rules of the society or branch, and shall have power to appoint its own chairman notwithstanding any rule of the society or branch to the contrary. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 77 Meaning and registration of special resolutions. 77.(1) If it appears to the registrar to be expedient to do so in the interests of the members of a registered friendly society or branch or of the public, he may appoint an inspector to investigate and report on the affairs of the society or branch, and for that purpose the inspector may exercise in respect of the society or branch all or any of the powers conferred by subsection (6) of section 76 on an inspector appointed under that section. (2) If on receiving the report of an inspector appointed by him under this section, it appears to the registrar that it is in the interests of the members of the society or branch or of the public that the society or branch should be wound up, the registrar may present a petition to the High Court for the society or branch to be wound up by the court in accordance with the Companies Act (Northern Ireland) 1960 if the court is of opinion that it is just and equitable that the society or branch should be wound up. (3) The registrar may, if he considers it just, direct that all or any of the expenses of and incidental or preliminary to an investigation under this section shall be defrayed out of the funds of the society or branch, or by the members or officers, or former members or officers, of the society or branch in such proportions as he may direct. Subs.(4) rep. by 1979 NI 13 art.55 sch.10 FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 78 Power of registrar to investigate and apply for winding-up of registered friendly societies and branches. 78.(1) Subject to the following provisions of this section, if, with respect to any registered friendly society or branch, the registrar considers it expedient to do so in the interests of the members of the society or branch or of the public, he may, with the consent of the Ministry, make an order forbidding the society or branch to accept any new members or to enter into a new contract with any member of the society or branch. (2) Not less than 14 days before making an order under subsection (1) in relation to a society or branch the registrar shall serve on the society or branch a notice stating that he proposes to make such an order and such notice served on the society or branch shall specify the considerations which have led the registrar to conclude that it would be in the interests of the members of the society or branch or of the public to make the order. (3) The registrar shall consider any representations with respect to a notice under subsection (2) which may be made to him by the society or branch within such period (not being less than 14 days) from the date on which the society or branch is served with the notice as the registrar may allow and, if the society or branch so requests, shall afford to it an opportunity of being heard by him within that period. (4) On making an order under subsection (1) in relation to a society or branch, the registrar shall serve on the society or branch notice of the making of the order, specifying the considerations which led him to conclude that it was expedient to make the order in the interests of the members of the society or branch or of the public; and the registrar may not make an order under subsection (1) unless all the considerations so specified were those, or were among those, which were specified in the notice served on the society or branch under subsection (2). (5) Notice of the making of an order under subsection (1) shall be published by the registrar in the Belfast Gazette and in such other ways as appear to him expedient for informing the public. (6) If a society or branch contravenes the provisions of an order under subsection (1) it shall be guilty of an offence and liable on conviction on indictment or on summary conviction to a fine which, on summary conviction shall not exceed #200; and every officer of the society or branch who knowingly or wilfully authorises or permits the contravention shall be guilty of an offence and liable (a)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years, or to both; or (b)on summary conviction, to a fine not exceeding #200, or to imprisonment for a term not exceeding 3 months, or to both. (7) An order made under subsection (1) may be revoked by an order made by the registrar with the consent of the Ministry. (8) The [Statutory Rules (Northern Ireland) Order 1979] shall not apply to any order made under this section.79.(1) The registrar may at any time, if he thinks there is good reason to do so (a)give directions to a registered friendly society or branch requiring the society or branch, at such time and place as may be specified in the directions, to produce such books or papers as may be so specified; or (b)require a registered friendly society or branch to produce to him forthwith any books or papers which he may specify. (2) Where by virtue of subsection (1), the registrar has power to require the production of any books or papers from a registered friendly society or branch, the registrar shall have the like power to require production of those books or papers from any person who appears to the registrar to be in possession of them or to have them under his control; but where any such person claims a lien on books or papers produced by him, the production shall be without prejudice to the lien. (3) Any power conferred by or by virtue of this section to require a registered friendly society or branch or other person to produce books or papers includes power (a)if the books or papers are produced, to take copies of them or extracts from them and to require that person, or any other person who is an officer or former officer of, or is or was at any time employed by, the society or branch in question, to provide an explanation of them; (b)if the books or papers are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are. (4) If a requirement to produce books or papers or provide an explanation or make a statement which is imposed by virtue of this section is not complied with, the society or branch or other person on whom the requirement was so imposed shall, subject to subsection (5), be guilty of an offence and liable, in the case of a society or branch, on summary conviction to a fine not exceeding #200, and, in the case of an individual, on summary conviction to a fine not exceeding #200 or to imprisonment for a term not exceeding 3 months or to both. (5) Where a person is charged with an offence under subsection (4) in respect of a requirement to produce any books or papers, it shall be a defence to prove that they were not in his possession or under his control and that it was not reasonably practicable for him to comply with the requirement. (6) A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 80 1979 NI 12 80.(1) Subject to the following provisions of this section, the registrar may, by writing under his hand, cancel the registration of a society in the following cases, namely, (a)if he thinks fit, at the request of the society, to be evidenced in such manner as he may direct; (b)on proof to his satisfaction that an acknowledgment of registration has been obtained by fraud or mistake; (c)on proof to his satisfaction that the society exists for an unlawful purpose, or has wilfully and after notice from the registrar violated any of the provisions of this Act or of any enactment repealed thereby, or has ceased to exist. (2) Subject to the following provisions of this section, in any case falling within paragraph (b) or paragraph (c) of subsection (1), in which the registrar might cancel the registration of a society, he may, by writing under his hand (a)suspend the registration of that society for any term not exceeding three months; and (b)from time to time renew any such suspension for a further term not exceeding three months. (3) Subject to subsection (4), not less than two months' previous notice in writing specifying briefly the ground of the proposed cancellation or suspension shall be given to a society by the registrar before its registration is cancelled or suspended and if before the expiry of the period of the notice a society duly lodges an appeal under section 81, the society's registration shall not be cancelled before the date of the determination or the abandonment of the appeal. (4) Subsection (3) shall not apply where the registration of a society is cancelled (a)at its own request; or (b)under section 72(3); or (c)under section 74(4). (5) Where before the expiry of the period of a notice under subsection (3) of the proposed cancellation of a society's registration, the society duly lodges an appeal against the proposed cancellation under section 81, the registrar may by writing under his hand suspend the society's registration from the expiry of that period until the date of the determination or abandonment of the appeal. (6) Where the registration of a society has been cancelled or suspended, notice shall forthwith be advertised in the Belfast Gazette and in some newspaper in general circulation in the neighbourhood of the society's registered office. (7) Where the registration of a society has been cancelled under subsection (1) or suspended under subsection (2) or subsection (5), then, as the case may require, (a)from the time of the cancellation, or (b)from the time of the suspension until the period of that suspension and any renewal thereof under subsection (2)(b) ends (whether on the expiry of that period or on a successful appeal under section 81 from such a renewal), Power of registrar to require production of documents. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 81 81. A society may appeal, to the High Court, against (a)the cancellation of its registration (other than as mentioned in paragraphs (a) to (c) of section 80(4)) if the appeal is lodged before the expiry of the period of notice of the proposed cancellation given under section 80(3); or (b)the renewal under section 80(2)(b) of a suspension of the society's registration, so far as that renewal provides for the suspension to continue more than six months from the original date of suspension. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 82 Cancellation and suspension of registration of society. 82.(1) Subject to the following provisions of this section, a registered society or branch may terminate or be dissolved in any of the following ways, namely (a)upon the happening of any event declared by the rules to be the termination of the society or branch; or (b)by the consent of three-quarters of the members testified by their signatures to an instrument of dissolution and, in the case of a branch of a friendly society, with the consent of the central body of the society or in accordance with the general rules of the society; or (c)by an award of the registrar under section 84(3). (2) A society which has branches shall not be dissolved except with the consent of the central body of the society. (3) If any member of a registered friendly society or branch in respect of which an instrument of dissolution has been registered in accordance with section 83, or if any person claiming any relief, annuity or other benefit from the funds of such a society or branch, is dissatisfied with the provision made for satisfying his claim, he may make an application within the period of three months referred to in subsection (7) of that section to the county court for the division within which the chief or any other place of business of that society or branch is situate; and on any such application that court shall have the same powers in the matter as it has in regard to the settlement of disputes under this Act. (4) If, in the event of a dissolution of a registered friendly society or branch, any approved annuity as defined in section 226(13) of the Income and Corporation Taxes Act 1970 ceases to be paid or any contract for the payment of such an annuity fails in whole or in part, no payment shall be made in respect thereof out of the funds of the society or branch to the annuitant or other person entitled to the benefit of the contract, but any sum which, but for this provision, would have been paid to him shall be applied in purchasing for the benefit of the annuitant an annuity (for the like term and subject to the like conditions against surrender, commutation or assignment) from a person lawfully carrying on in the United Kingdom a business of granting annuities on human life. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 83 Dissolution of societies and branches. 83.(1) This section applies where a registered society or branch is to be dissolved by an instrument of dissolution under section 82(1). (2) The instrument of dissolution shall specify (a)the liabilities and assets of the society or branch in detail; (b)the number of members and the nature of their interests in the society or branch; (c)the claims of creditors, if any, and the provision to be made for their payment; and (d)unless stated in the instrument of dissolution to be left to the award of the registrar, the intended appropriation or division of the funds and property of the society or branch. (3) Alterations in the instrument of dissolution may be made with the like consents as are required by section 82(1) for the dissolution of the society or branch, testified in the same manner. (4) The instrument of dissolution shall be sent to the registrar accompanied by a statutory declaration made by one of the trustees or by three members and the secretary of the society or branch that the provisions of this Act have been complied with, and any person knowingly making a false or fraudulent declaration in the matter shall be guilty of an offence and liable to the penalties provided by [Article 10 of the Perjury (Northern Ireland) Order 1979]. (5) The instrument of dissolution shall not, in the case of a registered friendly society or branch, direct or contain any provision for a division or appropriation of the funds of the society or branch, or any part thereof, except for the purpose of carrying into effect the objects of the society or branch as declared in the rules thereof, unless the claim of every member or person claiming any relief, annuity or other benefit from the funds of the society or branch is first duly satisfied or adequate provisions are made for satisfying those claims. (6) The instrument of dissolution and any alterations thereto shall be registered in like manner as an amendment of the rules of the society or branch and shall be binding upon all the members of the society or branch. (7) The registrar shall cause a notice of the dissolution to be advertised at the expense of the society or branch in the Belfast Gazette and in some newspaper in general circulation in the neighbourhood of the registered office of the society or branch; and unless (a)a member or other person interested in or having any claim on the funds of the society or branch commences, within three months from the date of the Belfast Gazette in which that advertisement appears, proceedings to set aside the dissolution of the society or branch, and (b)that dissolution is set aside accordingly, Instrument of dissolution. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 84 84.(1) On receipt of an application under this section relating to a registered society or branch and after giving not less than one month's notice in writing to the society or branch, the registrar, either by himself or by any actuary or auditor or other person whom the registrar may appoint in writing under his hand, may investigate the affairs of the society or branch. (2) An application under this section shall be made in writing under the hands of the like proportion or number of members and, in the case of a society with branches with the like consent, as are required for the making of an application under section 76 and shall (a)state that the funds of the society or branch are insufficient to meet the existing claims thereon, or that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured; and (b)set forth the grounds on which the insufficiency is alleged; and (c)request an investigation into the affairs of the society or branch with a view to the dissolution thereof. (3) Subject to subsection (4), if upon an investigation under this section it appears that the funds of the society or branch are insufficient to meet the existing claims thereon, or that the rates of contribution fixed in the rules of the society or branch are insufficient to cover the benefits assured to be given by the society or branch, the registrar may, if he considers it expedient to do so, award that the society or branch be dissolved and its affairs wound up, and where such an award is made the registrar shall direct in what manner the assets of the society or branch shall be divided or appropriated. (4) Where the registrar makes an award under subsection (3), he may suspend the operation thereof for such period as he may deem necessary to enable the society or branch to make such alterations and adjustments of contributions and benefits as will in his judgment prevent the necessity of the award of dissolution coming into operation; and where, within that period, the society or branch makes such alterations and adjustments the registrar may cancel the award. (5) The registrar proceeding under this section shall have the same powers and authorities, enforceable by the same penalties, as in the case of a dispute referred to him under this Act. (6) Within 21 days after the making of an award of dissolution of a society or branch, the registrar shall advertise notice of the award of dissolution in the Belfast Gazette and in some newspaper in general circulation in the neighbourhood of the registered office of the society or branch; and unless (a)a member or other person interested in or having any claim on the funds of the society or branch commences, within three months from the date of the Belfast Gazette in which that advertisement appears, proceedings to set aside the dissolution of the society or branch consequent upon the award, and (b)the dissolution is set aside accordingly, (7) The expenses of every investigation and award under this section and of advertising every notice of dissolution shall be paid out of the funds of the society or branch before any other appropriation thereof is made. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 85 1979 NI 19 85. Every award under section 84 shall, without appeal, be final and conclusive on (a)the society or branch in respect of which the award is made; (b)all members of that society or branch; and (c)all other persons having any claim on the funds of that society or branch; Dissolution by award. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 86 86.(1) Where any person takes proceedings to set aside the dissolution of a society or branch, he shall give notice of the proceedings to the registrar not later than the expiry of whichever of the following periods first expires, namely, (a)the period of seven days after the commencement of the proceedings; and (b)the period of three months referred to in section 83(7)(a) or, as the case may require, section 84(6)(a). (2) Where an order is made setting aside the dissolution of a society or branch, the society or branch shall give notice of the order to the registrar within seven days after the order is made. Finality of awards for dissolution or distribution of funds. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 87 87.(1) If any society or branch, or officer or member thereof or any other person (a)fails to give any notice, send any return or other document, do or allow to be done anything which that society, branch, officer, member or other person is by this Act required to give, send, do or allow to be done, as the case may be; or (b)wilfully neglects or refuses to do any act, or to furnish any information, required for the purposes of this Act by the registrar or by any other person authorised under this Act or does anything forbidden by this Act; or (c)makes a return, or wilfully or recklessly furnishes information, which is in any respect false or insufficient, being a return or information required for the purposes of this Act; (2) Any person who wilfully makes, orders or allows to be made, any entry, erasure in or omission from a balance sheet of a registered society or branch, or a return or document required to be sent, produced or delivered for the purposes of this Act, with intent to falsify it or to evade the provisions of this Act, shall be guilty of an offence and liable on summary conviction to a fine not exceeding #50. (3) An officer or person who aids and abets in (a)the amalgamation or transfer of engagements of a registered society otherwise than as is provided in this Act; or (b)the dissolution of such a society or a branch thereof otherwise than as is provided in this Act or in the Companies Act (Northern Ireland) 1960; General offences. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 88 88.(1) Any person who with intent to mislead or defraud gives to any other person (a)a copy of any rules, laws, regulations or other documents, other than the rules of a registered society or branch, on the pretence that they are the existing rules of the society or branch or that there are no other rules of the society or branch; (b)a copy of any rules on the pretence that those rules are the rules of a registered society or branch where the society or branch is not registered; (2) Subject to subsection (3), any person who (a)obtains possession by false representation or imposition of any property of a registered society or branch; or (b)withholds or misapplies any such property in his possession; or (c)wilfully applies any part thereof to purposes which are not authorised by the rules of the society or branch or which are not in accordance with this Act; (3) If on proceedings under subsection (2) it is not proved that the person charged acted with any fraudulent intent, he shall not be liable to conviction under that subsection but may be ordered to deliver up any property belonging to the society or branch or to repay any sum of money applied improperly, with costs and expenses, and an order under this subsection for the repayment of a sum of money or the payment of costs or expenses shall be enforceable as if it were an order for the payment of money recoverable summarily as a civil debt. (4) Proceedings may be instituted under this section (a)in the case of a registered society, by the society or any member authorised by the society or the trustees or committee of the society; or (b)in the case of a registered branch, by the branch or any member authorised by the branch or the trustees or committee thereof or by the central body of the society of which the branch forms part or by any member of the society or branch authorised by the central body; or (c)in any case, by the registrar or by any member of the society or branch authorised by the registrar. (5) Nothing in the foregoing provisions of this section shall prevent a person from being proceeded against under any other enactment if not previously convicted of the same matters under this Act. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 89 1960 c.22 89.(1) When a registered society or branch is guilty of an offence under this Act, every officer of the society or branch bound by the rules thereof to fulfil any duty of which the offence is a breach or, if there is no such officer, then every member of the committee shall, subject to subsection (2), be guilty of an offence and liable to the same penalty as if he had committed the offence. (2) It shall be a defence for a member of the committee of a society charged with an offence by virtue of subsection (1) to prove that he was ignorant of, or that he had attempted to prevent, the commission of the offence. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 90 Punishment of fraud or misappropriation. 90. A society or branch and an officer or member of a society or branch and any other person guilty of an offence under this Act or regulations made thereunder for which no penalty is provided shall be liable on summary conviction to a fine not exceeding #10. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 91 Offences by societies or branches to be also offences by officers, etc. 91.(1) The rules of a registered society or branch and any regulations made by the Ministry under this Act may impose reasonable fines on persons who contravene those rules or, as the case may be, regulations. (2) A fine imposed by the rules of a registered society or branch or by any regulations under this Act shall be recoverable summarily. (3) Any costs or expenses ordered or directed by the registrar to be paid by any person under this Act shall be recoverable summarily as a civil debt. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 92 General penalty. 92.(1) Subject to subsection (2) and notwithstanding any limitation on the time for the taking of proceedings contained in any enactment, summary proceedings for offences under this Act which are instituted by the registrar may be commenced at any time within one year from the first discovery thereof by the registrar, but not in any case after more than three years from the commission of the offence. (2) Subsection (1) shall not apply where the society by or in respect of which, or the person by or in respect of whom, the offence is alleged to have been committed is a collecting society or an officer of such a society (for which cases corresponding provisions are made by [Article 46(2) of the Industrial Assurance (Northern Ireland) Order 1979)]. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 93 Limitation on time for taking summary proceedings. 93. Without prejudice to section 31 of the Magistrates' Courts Act (Northern Ireland) 1964, a prosecution against a registered society or branch or an officer thereof may be brought before a court of summary jurisdiction for the county or county borough in which the registered office of the society or branch is situate. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 94 Venue for prosecution proceedings against a society or branch or officer thereof. 94. Where under any provision of this Act or regulations made thereunder, a society or branch or officer of a society or branch or other person is liable to a fine for default constituting an offence, that society, branch or officer or other person shall, for every week during which the default continues, be liable to a fine not exceeding such amount as is specified for that offence. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 95 1964 c.21 95.(1) The trustees of a registered society or branch or any other officer authorised by the rules of the society or branch may bring or defend or cause to be brought or defended any action or other legal proceedings in any court whatsoever touching or concerning any property, right or claim of the society or branch and may sue and be sued in their proper names without other descriptions than the titles of their office. (2) In legal proceedings brought under this Act by a member or person claiming through a member, a registered society or branch may also be sued in the name, as defendant, of any officer or person who receives contributions or issues policies on behalf of the society or branch within the jurisdiction of the court in which the legal proceedings are brought, with the addition of words indicating that the officer or person is being sued on behalf of the society or branch. (3) Legal proceedings shall not abate or be discontinued by the death, resignation or removal from office of any officer, or by any act of any such officer after the commencement of the proceedings. (4) The summons, writ or other process to be issued to or against the officer or other person sued on behalf of a registered society or branch shall be sufficiently served by personally serving that officer or other person or by leaving a true copy thereof at the registered office of the society or branch, or at any place of business of the society or branch within the jurisdiction of the court in which the proceedings are brought or if that office or place of business is closed during normal office hours, by posting the copy on the outer door of that office or place of business. (5) In all cases where the said summons, writ or other process is not served in accordance with subsection (4), a copy thereof shall be sent by registered post or the recorded delivery service addressed to the committee at the registered office of the society or branch and posted at least six days before any further step is taken on the proceedings. (6) Where proceedings are taken against a society or branch for the recovery of any fine under this Act or any regulations made thereunder, the summons or other process shall be sufficiently served by leaving a true copy thereof at the registered office of the society or branch or at any place of business of that society or branch within the jurisdiction of the court in which the proceedings are brought, or if that office or place of business is closed during normal office hours, by posting the copy on the outer door of that office or place of business. (7) Where the person against whom the proceedings are to be taken is himself a trustee of a society or branch, the proceedings may be brought by the other trustees of the society or branch. Continuing offences. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 96 96.(1) The person appointed by the Minister to perform in Northern Ireland the functions of registrar under this Act shall be known as the Registrar of Friendly Societies for Northern Ireland and is in this Act referred to as "the registrar". (2) A person appointed to assist the registrar shall be known as the Assistant Registrar of Friendly Societies for Northern Ireland and is in this Act referred to as "the assistant registrar" and anything which is required or authorised to be done by or to the registrar under this Act may be done by or to the assistant registrar. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 97 Legal proceedings. 97. The registrar shall each year make a report to the Minister of his proceedings under this Act and the Minister shall lay the report before Parliament. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 98 The registrar and assistant registrar. 98.(1) The Ministry may prescribe the fees to be paid for matters to be transacted or for the inspection of documents under this Act. (2) All fees received by the registrar under or by virtue of this Act shall be paid into the Exchequer. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 99 Annual report of registrar. 99.(1) The forms to be used for the acknowledgment of registration of a society or branch and of any amendment of the rules of a society or branch shall be those in Schedule 6 or such other forms as may be prescribed. (2) Subject to section 36(3)(b) and (c) and to any regulations made under this Act, every return, abstract of valuation and other document required for the purposes of this Act shall be made in such form and shall contain such particulars, and shall be deposited and registered with or without observations thereon in such manner, as the registrar may direct. (3) Every document purporting to be signed by the registrar, including in particular any document purporting to be a copy or extract of the rules of a registered society or branch or of any other instrument or document whatsoever, and every document purporting to be signed by any inspector under this Act shall, in the absence of any evidence to the contrary, be received in evidence without proof of the signature. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 100 Fees. 100.(1) The Ministry may make regulations (a)respecting registration and procedure under this Act and the forms to be used for such registration; (b)respecting the functions of the registrar; (c)respecting the inspection, and furnishing of copies, of documents kept by the registrar; and (d)prescribing anything which may be or is to be prescribed by the Ministry under this Act and generally for carrying this Act into effect. (2) The registrar may make regulations prescribing anything which under this Act is to be or may be prescribed by him. (3) Any regulations made under this Act shall be subject to negative resolution. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 101 Forms and evidence of documents. 101.(1) For the purposes of this Act, an adopter shall be deemed to be the parent of the child whom he is authorised to adopt under an adoption order made in Northern Ireland or elsewhere in the United Kingdom or in the Isle of Man or any of the Channel Islands and a child adopted under any such adoption order shall be deemed to be the child of the adopter. (2) Where, before the making of an adoption order in respect of a child, any insurance relating to that child has been effected by the natural parent of the child with a registered society or a branch thereof, the rights and liabilities under the policy shall, by virtue of the adoption order, be transferred to the adopter, and the adopter shall, for the purposes of such insurance, be treated as the person who took out the policy. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 102 Regulations. 102.(1) Subject to any exceptions or conditions prescribed by regulations made by the Ministry of Health and Social Services, that Ministry shall at the request of any person claiming benefit from a registered friendly society or branch provide the society or branch for the purposes of the claim with a copy or abstract of any medical certificate relating to that person and supplied by him to that Ministry for purposes of the [enactments relating to ... social security]. [(2) Where the Ministry of Health and Social Services furnishes a registered friendly society or branch, in connection with a claim for benefit from the society or branch, with information relating to a claim or award under those enactments, the expenses incurred in connection therewith by that Ministry or any other government department shall be treated as expenses in carrying those enactments into effect.] Subs.(3) rep. by 1973 c.38 s.100 sch.28 Pt.II FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 103 Effect of adoption order. 103.(1) In this Act "the Act of 1896" means the Friendly Societies Act 1896; "amendment of rule" includes a new rule and a resolution rescinding a rule; "annual return" means the annual return which a registered society or branch is required by section 36 to send to the registrar; "branch" means any number of the members of a society, under the control of a central body, having a separate fund administered by themselves or by a committee or officers appointed by themselves, and bound to contribute to a fund under the control of a central body; "collecting society" has the meaning assigned to it by [Article 2(2) of the Industrial Assurance (Northern Ireland) Order 1979]; "committee" means the committee of management or other directing body of a society or branch; "Companies Acts" means the Companies Act (Northern Ireland) 1960, any earlier enactment for the like purposes which has been repealed and any law for the like purpose which is or has been in force in Great Britain; "exempt society" and "exempt branch" shall be construed in accordance with section 24(4); "meeting" includes, where the rules of a society or branch so allow, a meeting of delegates appointed by members; "the Minister" and "the Ministry" mean respectively the Minister and the Ministry of Commerce; "officer" includes any trustee, treasurer, secretary, or member of the committee of management of a society or branch or any person appointed by the society or branch to sue and be sued on its behalf; "persons claiming through a member" includes the nominees of the member where nomination is allowed; "prescribed" means prescribed by regulations under this Act; "property" extends to all property, whether real or personal, including books and papers; "qualified actuary" means an actuary having such qualifications as the registrar may prescribe; "registered rules", in relation to a society or branch, means the rules of the society or branch registered or deemed to be registered under this Act as for the time being in force after any amendment thereof so registered; "registered society or branch" means a society or branch registered or deemed to be registered under this Act; "registrar" has the meaning assigned to it by section 96(1); and "signed", in relation to a body corporate, means sealed. (2) Any reference in this Act to a particular type of society shall be construed in accordance with section 1(1). (3) In this Act "year of account" in relation to a registered society or branch, means, with respect to the year in which it is first registered, the period beginning with the date of registration and ending with 31st December of that year and, in any other case, a period of twelve months ending with 31st December and (a)"the current year of account", in relation to the appointment of an auditor or auditors, means the year of account in which the question of that appointment arises; and (b)"the preceding year of account" means the year of account immediately preceding the current year of account. (4) Any reference in this Act to an enactment of the Parliament of the United Kingdom passed after 3rd May 1921 shall be construed as a reference to that enactment as from time to time amended and, where that enactment is repealed and re-enacted, whether with or without amendment, by a subsequent enactment of that Parliament, any reference in this Act to that enactment or a provision thereof shall be construed as a reference to that subsequent enactment or, as the case may be, the corresponding provision thereof. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 104 1979 NI 13 104.(1) The Ministry may make reciprocal arrangements with the Treasury with a view to securing that, on and after such day as the Ministry may by regulations appoint, (a)the law applicable in Northern Ireland to societies registered there may be applied, in such cases and subject to such modifications as may be provided in the arrangements, to societies registered at the central office in England of the registry of friendly societies or by the assistant registrar for Scotland; (b)the law applicable in England and Wales, the Channel Islands or the Isle of Man to societies registered at the central office in England of the registry of friendly societies and the law applicable in Scotland to societies registered by the assistant registrar for Scotland may be applied, in such cases and subject to such modification as may be provided in the arrangements, to societies registered in Northern Ireland. (2) Commencement (3) The Ministry may make regulations for giving effect in Northern Ireland to any arrangements made under subsection (1) and such regulations may in particular (a)confer rights and obligations appropriate to registered societies on registered Great Britain societies in such circumstances as may be specified in the regulations; (b)confer functions on the registrar in relation to registered Great Britain societies; (c)make such modifications of the provisions of this Act and the Government of Ireland (Companies, Societies etc.) Order 1922 as appear to the Ministry to be expedient to give effect to the arrangements. (4) Until such date as is appointed by regulations made under this section, nothing in section 105(5) and Schedule 10 shall affect the operation in Northern Ireland of section 14 of the Act of 1896 in relation to registered Great Britain societies and for this purpose the reference in that section to that Act shall be deemed to be a reference to this Act. (5) In this section "registered Great Britain societies" means societies which are registered in Great Britain for purposes corresponding to those of this Act. FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 105 Reciprocal arrangements regarding Northern Ireland societies and Great Britain societies. 105.(1) The savings in Schedule 7 shall have effect in cases where assured persons are ordinarily resident outside the United Kingdom and the Isle of Man and in relation to certain insurances effected before 5th July 1949. Subs.(2), with Schedule 8, effects amendments (3) The transitory provisions in Schedule 9 shall have effect. (4) The provisions of this Act shall be without prejudice to the provisions of sections 6, 7 and 18(3) of the Decimal Currency Act 1969. (5) The inclusion in this Act of any express saving or amendment shall not be taken as prejudicing the operation of sections 28 and 29 of the Interpretation Act (Northern Ireland) 1954 (which relate to the effect of repeals and substituting provisions). Subs.(6), with Schedule 10, effects repeals FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 106 1969 c.19 106. This Act may be cited as the Friendly Societies Act (Northern Ireland) 1970. The following are the purposes referred to in section 1(1)(a), that is to say, 1

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Statutes of Northern Ireland