Friendly Societies (Long Term Insurance Business) Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/2132 |
| Year | 1987 |
1987 No. 2132
FRIENDLY SOCIETIES
The Friendly Societies (Long Term Insurance Business) Regulations 1987
Made 10th December 1987
Laid before Parliament 10th December 1987
Coming into force 1st January 1988
The Registry of Friendly Societies, being a Department designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the authorisation of the carrying on by Friendly Societies of insurance business and the regulation of such business and its conduct and in relation to anything supplemental or incidental thereto, in exercise of the powers conferred by that section, hereby makes the following Regulations:
PART I
PRELIMINARY
Citation and commencement
1. These Regulations may be cited as the Friendly Societies (Long Term Insurance Business) Regulations 1987, and shall come into force on 1st January 1988.
Interpretation—general
2.—(1) In these Regulations, unless the context otherwise requires–
“the 1923 Act” means the Industrial Assurance Act 19233;
“the 1974 Act” means the Friendly Societies Act 19744;
“annual contribution income” means the income of a society from long term business in any year of account without any deduction for reinsurance cessions;
“authorised society” means a society authorised to carry on insurance business under Regulation 5 or 6 below;
“the Central Office” means the Central Office of the Registry of Friendly Societies;
“the Chief Registrar” means the Chief Registrar of Friendly Societies;
“collecting society” has the meaning given in section 1(1A) (Industrial assurance business) of the 1923 Act;
“deposit back arrangement”, in relation to any contract of reinsurance, means an arrangement whereby an amount is deposited by the reinsurer with the cedant;
“direct insurance business” means insurance business that is not reinsurance;
“the guarantee fund” has the meaning given in Regulation 19 below;
“the Industrial Assurance Commissioner” has the meaning given in section 2 (Industrial Assurance Commissioner) of the 1923 Act;
“mathematical reserves” means the provision made by a society to cover liabilities (excluding liabilities which have fallen due and liabilities arising from deposit back arrangements) arising under or in connection with contracts for long term business;
“the minimum guarantee fund” has the meaning given in Regulation 19 below;
“premium” includes a contribution in respect of an insurance benefit and the consideration for the granting of an annuity;
“public file” means the file of documents open to inspection by members of the public which is kept in respect of a society by the Central Office or the Assistant Registrar for Scotland;
“Schedule” means Schedule to these Regulations;
“society” means a society which is a friendly society within the meaning of section 7(1)(a) (Societies which may be registered) of the 1974 Act and is registered within the meaning given in section 111(1) (Interpretation) thereof and in the case of a society with branches means the central body and the branches of the society;
“year of account” has the meaning given in section 111(4) of the 1974 Act.
(2) In these Regulations, unless the context otherwise requires–
(a)
(a) “long term business” means direct insurance business of any of the classes specified in Part I of Schedule 1, and supplementary business, and “class” means a class specified in Part I of Schedule 1;
(b)
(b) “supplementary business” means the effecting and carrying out, by a society authorised to carry on long term business of class I, of that part of a contract whose principal object is within any class of long term business, which contains related and subsidiary provisions for insurance business of one or both of the classes specified in Part II of Schedule 1, and supplementary business shall be taken to constitute the carrying on of long term business;
(c)
(c) “ordinary long term business” means long term business other than industrial assurance business;
(d)
(d) “industrial assurance business” has the meaning given in section 1(2) of the 1923 Act.
(3) For the purposes of these Regulations–
(a)
(a) a unit of account is the unit of account known as the ECU and defined in Council Regulation (EEC) No. 3180/785(which changed the value of the unit of account used by the European Monetary Co-operation Fund), and
(b)
(b) the rate of conversion from the ECU to pounds sterling shall as from 31st December of each year be the rate published in the Official Journal of the Communities on the last day of the preceding October for which ECU conversion rates were so published for the currencies of all states that were then Member States.
Application
3. These Regulations shall apply to every society which carries on long term business in the United Kingdom, other than–
(a) a society whose business is limited to the provision of benefits varying according to the resources available to meet them, each member being required to contribute at an appropriate flat rate; or
(b) a society whose business is limited to the provision of benefits in the event of death, where the benefit is money paid for the funeral costs for a single death or where the benefits are provided in kind; or
(c) a society–
(i) whose rules contain provisions for calling up additional contributions or reducing its benefits or claiming assistance from other persons who have undertaken to provide it, and
(ii) whose annual contribution income (calculated for each year on the basis of the rate of conversion applicable on 31st December in that year by virtue of paragraph 2(3)(b) above) does not exceed 500,000 units of account for the three consecutive years of account ending on 31st December 1987;
provided that, if the annual contribution income of such a society (calculated in accordance with subparagraph (ii) above) exceeds 500,000 units of account for three consecutive years of account ending on a date subsequent to 31st December 1987, these Regulations shall apply to that society with effect from the first day of the fourth year of account.
PART II
AUTHORISATION
Restrictions on carrying on business
4.—(1) Subject to regulation 5(5) below, no society to which these Regulations apply shall carry on in the United Kingdom any long term business otherwise than pursuant to and in accordance with an authorisation issued by the Chief Registrar under Regulation 5 or 6 below.
(2) Subject to paragraph (3) below, a society authorised pursuant to these Regulations shall not carry on any commercial activities otherwise than in connection with or for the purposes of its long term business.
(3) If such a society was, on 15th March 1979, carrying on–
(a)
(a) insurance business of one or both of the classes specified in Part II of Schedule 1, otherwise than as supplementary business, or
(b)
(b) savings operations,
it may continue to carry on such activities, provided that it manages them in accordance with paragraph (4) below.
(4) The assets representing the fund or funds maintained by the society in respect of its long term business shall be applicable only for the purposes of that business, and shall not be transferred so as to be available for other activities of the society except where the transfer is for the purpose of the insurance business referred to in paragraph 3(a) above and is–
(a)
(a) by way of reimbursement of expenditure borne by other assets in respect of long term business, or
(b)
(b) limited to assets representing the excess of the society’s long term business fund or funds over its liabilities attributable to such business.
Authorisation of existing societies
5.—(1) This regulation applies in the case of an existing society, that is to say–
(a)
(a) a society which was carrying on long term business at the date of coming into force of these Regulations and is not exempt from the application of these Regulations at that date by virtue of the provisions of regulation 3 above; or
(b)
(b) a society which–
(i) carries on long term business whether commenced before or after the date of coming into force of these Regulations; and
(ii) has been exempt from the application of these Regulations by virtue of regulation 3(c)(ii); and
(iii) ceases to be so exempt by virtue of the proviso to regulation 3(c)(ii).
(2) Where the annual contribution income of an existing society exceeds 500,000 units of account for three consecutive years of account beginning on or after 1st January 1985, the secretary of the society shall submit to the Chief Registrar a statement to the effect that the society’s annual contribution income for each of the said three consecutive years of account exceeded that amount and a statement of the class or classes of long term business which it was carrying on during those years.
(3) The statements referred to in paragraph (2) above shall be certified by the auditor of the society to be true statements and submitted to the Chief Registrar not later than 30th June in the year immediately following the three consecutive years of account referred to in paragraph (2) above; provided that the Chief Registrar may allow a longer period in any case in which he is satisfied that it is right in the circumstances of the society to do so.
(4) Within two months of receipt of the statements referred to in paragraph (2) above, the Chief Registrar shall, if he is satisfied as to the accuracy of those statements, authorise the society to carry on the class or classes of long term business which it was carrying on during the three consecutive years of account mentioned in that paragraph, and cause a certificate of authorisation in respect of the said class or classes to be placed on the public file of the society, and a copy of...
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