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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).

© 1970 Crown Copyright

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