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[3rd December 1979]6 Introductory
[{1}Act 1974| and in particular to section 2(2) of that Act] (which prohibits the carrying on in [{1}the United Kingdom] of industrial assurance business except by a body corporate authorised under [{1}section 3 of that Act] or a registered friendly society). N The Industrial Assurance Commissioner for Northern Ireland A > 4. (1) The Registrar shall be the authority charged with such powers and duties in relation to industrial assurance as are conferred and imposed on him by this Order, and, in that capacity and in the exercise and performance of his powers and duties as Registrar under the Friendly Societies Act in relation to collecting societies, the Registrar shall continue to be known as and styled the Industrial Assurance Commissioner for Northern Ireland (""the Commissioner''). B>(2) Anything which, under the Friendly Societies Act, is authorised or required to be done by, to or before the Registrar shall, where the society is a collecting society, be done by, to or before the Commissioner. B>(3) Anything which, under this Order, is required to be done by, to or before the Commissioner may be done by, to or before such person as the Commissioner, with the approval of the Head of the Department, may appoint for the purpose. 6 Provisions applying only to collecting societies N Name of society for a separate account being kept of all receipts in respect of the industrial assurance business transacted by the society, and for those receipts being carried to, and forming a separate fund under the name of, the industrial assurance fund; but nothing in this provision shall be construed as requiring the investments of the industrial assurance fund to be kept separate from the other investments of the society; C >>( b ) for the industrial assurance fund being as absolutely the security of the owners of the industrial assurance policies as though it belonged to a society not carrying on any business other than industrial assurance business, and not being liable for any contracts of the society for which it would not have been liable had the business of the society been only that of industrial assurance, and not being applied directly or indirectly for any purposes other than those of the industrial assurance business of the society, so, however, as not to affect the liability of that fund to the prejudice of persons interested in contracts entered into by the society before 20th May 1924; C >>( c ) for separate valuations being made of the industrial assurance business of the society. B >(2) Save as otherwise provided by the rules of a collecting society, being rules registered before 4th August 1921, C >>( a ) the rules of a collecting society shall contain the tables in accordance with which policies of industrial assurance are issued by the society; and C >>( b ) a policy shall not be issued by a collecting society otherwise than in accordance with the rules of the society and, except where paragraph 11(4) of Schedule 2 to the Friendly Societies Act applies, in accordance with the tables for the time being in force as set forth in those rules. B >(3) The provisions of this Order and of the Friendly Societies Act mentioned in Schedule 2 shall, subject to paragraph (4), be set out in the rules of every collecting society. B>(4) The rules may in any case if the Commissioner consents, and shall in the case of the provisions of Schedule 5 to the Friendly Societies Act, in lieu of setting out the provisions in question, contain a statement which, in the opinion of the Commissioner, sufficiently sets out the effect thereof. N Obligations as to delivery of policies and copies of rules, etc. A > 9. (1) A collecting society shall supply a member, free of charge, with the following C >>( a ) on his insuring with the society, with a printed policy signed by two of the committee of management and by the secretary or, if the society has been granted a certificate under Article 12 exempting it from the requirement imposed by this paragraph to supply a policy, with a copy of the rules of the society; C >>( b ) on written demand by him, if a copy of the rules of the society has not previously been supplied to him, with a copy of the rules of the society; C >>( c ) on written demand by him, if the rules of the society have been amended since he has been supplied with a copy thereof and a copy of the amendment has not previously been supplied to him, with a copy of the amendment. B >(2) Where a copy of the rules of a collecting society has been supplied to a member under paragraph (1), further copies of the rules may be obtained by him from the society in accordance with section 14 of the Friendly Societies Act on payment of the sum prescribed under that section (50p or other sum prescribed by the Registrar). B>(3) Where an amendment of the rules of a collecting society modifies the terms or conditions of any insurance issued by the society by way of increase of premiums or reduction of benefit, the society shall, within two months from the date on which the amendment is registered pursuant to section 12 of the Friendly Societies Act, either C >>( a ) serve every member of the society with a notice containing a statement which, in the opinion of the Commissioner, sufficiently sets forth the effect of the amendment; or C >>( b ) publish such a statement by advertisement in two or more of the newspapers in general circulation in every county where the society carries on business. B >(4) A member served with a notice under paragraph (3)( a ) shall be regarded for the purpose of paragraph (1) as if he had been supplied with a copy of the amendment in question. B>(5) For the purposes of this Article, a policy shall be deemed to be signed by a person if it bears a stamped, printed or lithographed reproduction of his signature placed thereon with his authority. N Copies of balance sheets to be made available for inspection A > 10. A copy of every balance sheet of a collecting society shall, during the seven days next preceding the meeting at which the balance sheet is to be presented, be kept open by the society for inspection at every office at which the business of the society is carried on, and shall on demand be delivered or sent by post to any member or person interested in the funds of the society. N Annual accounts and returns A > 11. The Commissioner, after considering any representations made by or on behalf of the society affected, may, if it appears to him that any account, return or balance sheet sent by a collecting society in pursuance of the Friendly Societies Act is in any particular incomplete or incorrect or does not comply with the requirements of the Act, reject the account, return or balance sheet and give such directions as he thinks necessary for the variation thereof. N Exemptions, total and partial A > 12. (1) Subject to paragraph (4), the Commissioner may, on the application of a collecting society registered or applying for registration, grant to the society a certificate of exemption from all or any of the provisions of this Order, in any case where he is satisfied that the society does not or will not carry on the business of effecting assurances upon human life premiums in respect of which are received by means of collectors at a greater distance than 10 miles from the registered office of the society, and where he is of opinion that the society is not one to which those provisions ought to apply. B>(2) A certificate of exemption under this Article shall be granted subject to the condition that the collecting society will not employ collectors to receive premiums on policies of assurance upon human life issued by the society at a greater distance than 10 miles from the registered office of the society, and, if, in the case of any society to which a certificate of exemption has been so granted, that condition is at any time not complied with, the society and any collector so employed shall be deemed to have contravened the provisions of this Order, and this Order shall be deemed, as from the date of such non-compliance, to have applied to the society as if such a certificate of exemption had not been granted to it. B>(3) A certificate of exemption under this Article shall be subject to revocation by the Commissioner, but shall remain in force until C >>( a ) it has been so revoked, and C >>( b ) notice of the revocation has been E >> >(i) advertised in the Belfast Gazette and in some newspaper in general circulation in the neighbourhood of the registered office of the society, and E >>> (ii) transmitted to the society by post. B >(4) In this Article, ""assurance upon human life'' does not apply to any contract providing benefits in sickness or other infirmity if the terms of the contract are such that, of the amounts paid by way of premiums thereunder, not less than 60 per cent. will be paid for the purpose of providing those benefits. N Power to exempt societies registered in Great Britain A > 13. (1) The Commissioner may, on the application of a collecting society registered in Great Britain, by order exempt it from any provision of this Order if he is satisfied that the existence of a provision of an enactment of the Parliament of the United Kingdom renders it unnecessary for the first-mentioned provision to apply to the society. B>(2) The Commissioner may by order (""the revoking order'') revoke an order under paragraph (1). B>(3) The Commissioner shall, within the three days next after making the revoking order, give written notice to the collecting society of the making of that order. B>(4) The revocation of an order under paragraph (1) shall not take effect until C >>( a ) such period as may be specified in the revoking order (which shall not be less than the four weeks next after the making thereof) has expired; and C]
(b)notice that the revoking order has been made has been published in the
Belfast Gazette.
© 1979 Crown Copyright
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