Friendly Societies Act 1984 (Jersey) Order 1987
Jersey Order in Council 23/1987
THE FRIENDLY SOCIETIES ACT 1984 (JERSEY)
ORDER, 1987.
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(Registered on the 4th day of December, 1987.)
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At the Court at Buckingham Palace.
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21st July, 1987.
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PRESENT
The Queen’s Most Excellent Majesty in Council.
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HER MAJESTY, in pursuance of section 4(3)
of the Friendly
Societies Act 1984, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows –
1. This Order may be cited as
the Friendly
Societies Act 1984 (Jersey)
Order, 1987 and shall come into force on 21st August, 1987.
2. It is hereby directed that
sections 1 and 2 of the Friendly Societies Act 1984 shall extend to the
Bailiwick of Jersey with the adaptations and modifications specified in the
Schedule to this Order.
G.I. DE DENEY
Clerk of the Privy Council.
SCHEDULE
(Article 2)
Adaptations and Modifications to Sections 1 and 2 of the Friendly Societies Act
1984 as extended to the Bailiwick of Jersey
1.-(1) Subject to sub-paragraph (2) below,
any reference to an enactment shall be construed as a reference to that
enactment as it has effect in the Bailiwick of Jersey.
(2) References to
the Income and
Corporation Taxes Act 1970 are to that Act as it has effect in
the United Kingdom.
2. In section 1(4), for the
words “subsections (3)(a) and (3A)” there shall be substituted the
words “subsection (3)”.
3.-(1) In section 2, subsection (4) shall be
omitted.
(2) In section
2(7), for the words “(2) to (4)” there shall be substituted the
words “(2) and (3)”.
ELIZABETH II
FRIENDLY SOCIETIES ACT 1984
1984 CHAPTER 62
AN ACT to validate certain contracts of
insurance entered into by registered friendly societies before 1st June, 1984 and to
modify, with both retrospective and prospective effect, provisions relating to
the financial limits in section 64 of the Friendly Societies Act
1974 and section 332 of the Income and Corporation
Taxes Act 1970.
[20th December, 1984.]
BE IT ENACTED by the Queen’s most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows –
1.-(1) The provisions of this section apply to
a contract –
(a) which was
entered into by an exempt new friendly society in the course of life or
endowment business; and
(b) which was so
entered into after 3rd May,
1966 and before 1st
June, 1984.
(2) In this
section an “exempt new friendly society” means a friendly society
–
(a) which as
registered after 3rd May, 1966 or which was registered in the period of three
months ending on that date but which at no time earlier than that date carried
on any life or endowment business; and
(b) the rules of
which, on 1st June, 1984, provided that the only life or endowment business
which the society might carry on was business of a description falling within
any of paragraphs (a) to (c) of subsection (2) of section 333 of the Income and Corporation
Taxes Act 1970 or within any two or all three of those paragraphs
taken together.
(3) In determining
any question as to compliance by an exempt new friendly society with the
relevant enactments or as to the validity of any contract to which this section
applies, there shall be disregarded any term of such a contract which is set
out otherwise than in –
(a) the registered
rules of the society; or
(b) a policy
document issued by the society to the member concerned.
(4) In subsection
(3) above “the relevant enactments” means –
(a) [subsection
(3)] of section 7 of the Friendly Societies Act 1974
(societies which may be registered);
(b) paragraphs (a)
and (b) of subsection (1) of section 64 of that Act (maximum benefits); and
(c) any enactment
which was repealed by that Act and which contained provisions re-enacted in any
of the provisions referred to in paragraphs (a) and (b) above.
(5) In this
section “life or endowment business” has the meaning assigned to it
by section 337(2) of the Income and Corporation Taxes Act 1970.
2.-(1) Section 64 of the Friendly Societies Act
1974 (maximum benefits) shall
have effect, and be deemed always to have had effect, with the modifications in
subsections (2) and (3) below.
(2) In subsection
(1) (financial limits) –
(a) the words from
the beginning to “through” shall be omitted;
(b) for the words
“receive from” there shall be substituted the words “have at
any time outstanding contracts with”;
(c) after the
words “United Kingdom)”
there shall be inserted the words “for the assurance of”; and
(d) paragraphs (c)
and (d) (the taxable business limits) shall be omitted.
(3) In subsection
(2) (matters to be disregarded in applying the limits) in paragraph (a)
(bonus or addition declared upon assurance of a gross sum or annuity) –
(a) after the word
“addition” there shall be inserted the words “which either
is”; and
(b) at the end
there shall be added the words “or accrues upon such an assurance by
reference to an increase in the value of any investments”.
(4) * * * * * * *
(5) In consequence
of the modifications in subsection (2) above, the following provisions shall
cease to have effect –
(a) subsections
(3) to (5) of section 64 of the Friendly Societies Act 1974;
(b) the definition
of “mortgage protection policy” in subsection (8) of that section;
and
(c) section 65(1)
of that Act.
(6) In subsection
(6) of section 64 of the Friendly Societies Act 1974 (statutory declaration as
to total entitlement under existing contracts) for the words “to which
that member or person is entitled from” there shall be substituted the
words “assured under outstanding contracts entered into by that member
with any”.
(7) With respect
to any time prior to the coming into force of any of the enactments referred to
in subsections [(2) and (3)] above, the like modifications as are made to that
enactment by those subsections shall be deemed always to have been made to any
earlier enactment the provisions of which are re-enacted in the enactment so
referred to.
3. *
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4. *
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