Industrial and Provident Societies Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 117 |
Industrial and Provident Societies Act, 1867
(30 & 31 Vict.) C A P. CXVII.
An Act to amend the Industrial and Provident Societies Acts.
[20th August 1867]
W HEREAS by the Industrial and Provident Societies Act, 1862, the Industrial and Provident Societies Act, 1852, and certain therein-recited Acts for the Amendment thereof, were repealed, and Provision was made for the Constitution and Regulation of such Societies in future:
And whereas Doubts having arisen as to the Effect of the said Act in certain Cases, it is expedient that the same should be removed, and that the Provisions so made should be amended in other respects:
Be it therefore 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 Sect. 48. of 18 & 19 Vict. c. 63. and Sects. 5., 9.,15., 16., and 25. of 25 & 26 Vict. c. 87. repealed.
1. There shall be repealed, from and after the passing of this Act, the Forty-eighth Section of the Eighteenth and NineteenthVictoria , Chapter Sixty-three, and the Fifth, Ninth, Fifteenth, Sixteenth, and Twenty-fifth Sections of the recited Act, and so much of the Third Section as excepts the working of Mines and Quarries from the Objects for which any Society may be established under the Act.
2 Limitation of Interest of Members.
2. A Society registered under this Act may hold in its registered Name any Amount of Interest in any other Society so registered, but if any other Person hold or claim in any Society so registered any Interest exceeding Two hundred Pounds Sterling, such Person shall incur a Penalty equal to the Excess of such Interest over the said Sum.
3 Provisions of the Friendly Societies Acts applied toIndustrial and Provident Societies.
3. The Provisions following contained in the Acts under mentioned relating to Friendly Societies shall apply to all Societies registered under this Act, and no such Provision shall be affected in its Application to such Societies by its Repeal in regard to Friendly Societies, unless the contrary be expressly declared by the Act repealing the same; and in applying such Provisions Words concerning the Trustee of any Society shall be taken to apply to the Society, except the Context precludes such Construction; (that is to say,)
So much of the Friendly Societies Acts, 1855 and 1858, as relates to—
The Punishment of Fraud in withholding any Moneyor other Property belonging to any Society:
The Determination of Disputesby the County Courts inEngland , the Sheriffs Court in Scotland , and the Assistant Barrister in Ireland , and the Orders and Proceedings for this Purpose:
The Reception of Rules and other Instruments in Evidence:
The Exemption of Rules and other Instruments from Stamp Duty:
The Power to any Society to change its Name.
4 Certificate of Registration.
4. Two Copies of the Rules shall be forwarded to the Registrar of Friendly Societies ofEngland, Scotland , or Ireland , according to the Place where the Office of the Society is situate, and shall be dealt with by him in the Manner provided by ‘The Friendly Societies Act, 1855,’ and he shall thereupon give his Certificate of Registration, and such Certificate shall in all Cases be conclusive Evidence that the Society has been duly registered, and thereupon the Members of such Society shall become a Body Corporate, by the Name therein described, having a perpetual Succession and a Common Seal, with Power to purchase, erect, and sell, and convey, or to hold Lands and Buildings, with limited Liability.
5 Power to nominate Persons unto whose Name the Interestsof Members may be transferred at their Death.
5. A Member of any Society registered under this Act may, by any Writing under his Hand delivered at the registered Office of the Society, appoint any Person being the Husband, Wife, Father, Mother, Child, Brother, Sister, Nephew, or Niece of such Member, to whom his Shares in the Society shall be transferred at his Decease, provided that the Sum credited to the Account of such Member in the Books of the Society does not exceed Fifty Pounds Sterling, and may from Time to Time revoke or vary any such Nomination by a Writing under his Hand similarly delivered; and the Secretary of every such Society shall keep a Book wherein the Names of all Persons so nominated shall be regularly entered, and the Shires comprised in any such Nomination shall be transferable to the Nominee, although the Rules of the Society declare its Shares to be generally not transferable: Provided nevertheless, that the Society may, in lieu of making such Transfer, elect to pay to any Nominee the full Value of the Shires comprised in the Nomination to him, and shall pay him the full Value of any such Shares which...
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