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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.


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© 1970 Crown Copyright

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