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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.

© 1970 Crown Copyright

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