HL Deb 21 January 1971 vol 314 cc598-601

3.44 p.m.

LORD ABERDARE

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(Lord Aberdare.)

On Question, Motion agreed to.

House in Committee accordingly.

[The LORD GRENFELL in the Chair.]

Clauses 1 to 5 agreed to.

Clause 6 [Power of chief registrar to suspend business of registered friendly societies and branches]:

LORD ABERDARE moved Amendment No. 1: Page 6, line 28, leave out ("14 days") and insert ("one month")

The noble Lord said: With the permission of the Committee, may I speak to Amendments Nos. 1 and 2 together as they cover the same point? When the Chief Registrar proposes to make an order forbidding a society to contract new business, subsection (2) of Clause 6 requires him to serve notice on the society not less than 14 days before making the order. The Friendly Societies Liaison Committee has submitted that this period of notice is too short, and during the debate on the Second Reading I undertook to look into the matter. The purpose of these two Amendments is to extend the period of notice to one month. I beg to move.

On Question, Amendment agreed to.

LORD ABERDARE: I beg to move Amendment No. 2 formally.

Amendment moved— Page 6, line 39, leave out ("14 days") and insert ("one month").—(Lord Aberdare.)

On Question, Amendment agreed to.

Clause 6, as amended, agreed to.

Clause 7 [Power of chief registrar to require production of documents]:

LORD ABERDARE moved Amendment No. 3: Page 8, line 29, after ("section") insert ("(including any explanation provided under subsection (3)(a) above)").

The noble Lord said: Subsection (6) of Clause 7 provides that a statement made by a person in compliance with the requirements imposed by virtue of that clause may be used in evidence against him. Subsection (3)(a) enables the Chief Registrar to require persons producing the society's books to provide an explanation of them. This Amendment makes it clear that such an explanation is a statement within the meaning of subsection (6). I beg to move.

On Question, Amendment agreed to.

Clause 7, as amended, agreed to.

Clauses 8 to 13 agreed to.

Clause 14 [Citation, construction, extent and commencement]:

LORD ABERDARE moved Amendment No. 4: Page 11, line 42, leave out ("subsections (3) and (4) of section 10 and")

The noble Lord said: The effect of subsection (3) of Clause 14 is to extend to Northern Ireland the provisions of subsections (3) and (4) of Clause 10. The Northern Ireland Parliament has now itself made such provisions, and there is therefore no point in extending subsections (3) and (4) of Clause 10 to Northern Ireland. I beg to move.

Clause 14, as amended, agreed to.

Schedule 1 agreed to.

Schedule 2 [Amendments of other enactments]:

LORD ABERDARE moved Amendment No. 5: Page 16, line 46, leave out ("56(3)") and insert ("56 (nomination of sum payable on death of deceased member) in subsection (1) after the word "person" there shall be inserted the words "or persons" and for the words from "not exceeding" to the end of the subsection there shall be substituted the words "or any specified amount of money so payable shall be paid at his decease, but the total amount which may be nominated under this section shall not exceed £500"; and in subsection (3) of that section")

The noble Lord said: Section 56(1) of the Friendly Societies Act 1896 provides that a member of a society may nominate a person to whom any sum of money payable by the society on his death shall be paid. This Amendment, designed to facilitate the consolidation of the Friendly Societies Act, makes it clear that a nomination may be made in favour of more than one person and that the amount nominated to any nominee need not comprise the whole amount payable by the society on the member's death. I beg to move.

On Question, Amendment agreed to.

LORD ABERDARE moved Amendment No. 6: Page 16, line 49, at end insert— . In section 57(1) (payment on death of nominator) after the word "member" there shall be inserted the words "or as the case may be the amount specified in the nomination, but in any case". . In section 58(2) (payment on intestacy of member who was illegitimate) for the word "trustees" there shall be substituted the words "society or branch".

The noble Lord said: This Amendment is consequential on the last Amendment so far as section 57(1) is concerned, and so far as section 58(2) is concerned this corrects a drafting error. I beg to move.

On Question, Amendment agreed to.

LORD ABERDARE: moved Amendment No. 7: Page 21, line 24, at the beginning insert— . In section 9(1) of the War Loan (Supplemental Provisions) Act 1915 (investment of funds of friendly societies in Scotland) the words friendly society or' shall be omitted.

The noble Lord said. Section 9(1) of the War Loan (Supplemental Provisions) Act 1915 enabled friendly societies and trade unions registered in Scotland to invest in the name of the Accountant of Court in loan stock raised for the purposes of World War I. The provision and its application to friendly societies is now spent, and the effect of this Amendment is to make it no longer applied to such societies. I beg to move.

On Question, Amendment agreed to.

Schedule 2, as amended, agreed to.

Schedule 3 [Enactments Repealed]:

LORD ABERDARE

This Amendment is consequential on the last Amendment. I beg to move Amendment No. 8.

Amendment moved— Page 22, line 52, at end insert—

("5 & 6 Geo. 5. c. 93. The War Loan (Supplemental Provisions) Act 1915. In Section 9(1) the words "friendly society or".")
—(Lord Aberdare.)

On Question, Amendment agreed to.

LORD ABERDARE: I beg to move Amendment No. 9.

Amendment moved— Page 23, line 20, at end insert—

("1968 c. 55. The Friendly and Industrial and Provident Societies Act 1968 In section 6(1) the words "Subject to subsection (5) of this section".")
—[Lord Aberdare.)

LORD BESWICK

Before the last of these Amendments is put, may I say that the reason we have not in any way queried or questioned the noble Lord about these Amendments is not simply because of the eloquence he has displayed but in the confidence which we have in those who advised him.

LORD ABERDARE

I am very grateful to the noble Lord, Lord Beswick. As he knows, all these Amendments were agreed with the Friendly Societies Liaison Committee.

On Question, Amendment agreed to.

Schedule 3, as amended, agreed to.

House resumed: Bill reported, with the Amendments.