HL Deb 26 July 1971 vol 323 cc10-4

[References are to the first Commons print—Bill 101]

[Nos. 1–22]

Clause 2, page 4, line 1, after"Court"insert or, if the society concerned is registered in Scotland, the Court of Session ".

line 2, after"Court"insert"or, as the case may be, the Court of Session ".

Clause 6, page 7, line 14, leave out"£200"and insert"£400 ".

line 19, leave out from"exceeding"to end of line 21 and insert"£400 ".

Clause 7, page 8, line 18, leave out from"liable"to end of line 22 and insert"on summary conviction to a fine not exceeding £400 ".

After Clause 10, insert the following new clause:— Increase of certain penalties under Friendly Societies Acts .—(1) The provisions of this section shall have effect for the purpose of—

  1. (a) increasing the maximum fines on summary conviction of certain offences under the Friendly Societies Acts 1896 to 1968; and
  2. (b) repealing so much of section 90 of the principal Act as provides for imprisonment for a maximum of three months as an alternative to a fine of £10.
(2) In section 88 of the principal Act (fine for falsification of balance sheets etc.) for the words"fifty pounds"there shall be substituted"£400"and in section 89 of that Act (fine for ordinary offences) for the words"£10"there shall be substituted"£50 ". (3) In section 90 of the principal Act (aiding or abetting amalgamation, transfer of engagements or dissolution of friendly society contrary to the principal Act) for the words from"to the fine"to the end of the section there shall be substituted the words"to a fine not exceeding £200 ". (4) In section 16(1) of the Industrial Assurance and Friendly Societies Act 1948 (contravention by registered societies of certain provisions of that Act relating to permitted insurances) for the words"fifty pounds"there shall be substituted"£100 ". (5) In subsection (7) of section 3 of the Friendly and Industrial Provident Societies Act 1968 (failure by member of committee of registered society to comply with provisions of that section as to revenue accounts and balance sheets) the words"under the appropriate registration Act"shall be omitted and at the end of the subsection there shall be added the words"and a person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £400 ". (6) No provision of this section shall affect the amount of the fine which may be imposed on conviction of an offence committed before the day appointed for the coming into force of that provision.

Schedule 2, page 17, line 38, after"society"insert"or branch "

line 39, after"society"insert"or branch "

Page 18, line 20, leave out from beginning to"the"in line 21 and insert— 23.—(1) In section 80 (dissolution of societies and branches by award) in subsection (3), in the proviso, for the words"being made"there shall be substituted the words"coming into operation, and where within that period the society makes such alterations and adjustments the chief registrar may cancel the award ". (2) In subsection (6) of that section for the word"publishing"there shall be substituted the word"advertising ". (3) In subsection (7) of that section.

line 39, leave out"£10"and insert"£400 "

line 42, leave out"other than those expressed"" and insert"" or withholds""

line 44, after"words"insert"or fraudulently withholds any such property in his possession or fraudulently applies any such property for purposes "

line 46, leave out"£20 with costs or expenses"and insert"£400 ".

Page 19, line 1, leave out from"and"to end of line 3 and insert"any person who fails to comply with such an order made by a court in Scotland shall he liable on summary conviction to imprisonment for a term not exceeding two months "

line 5, leave out from"following"to end of line 14 and insert"subsections:— (3A) If—

  1. (a) in proceedings under subsection (3) above which do not result in a conviction, or
  2. (b) in civil proceedings instituted for the purpose,
a court of summary jurisdiction is satisfied that any person having possession of any property of a registered society or branch has failed to deliver it up when requested to do so by the society or branch, the court may make an order requiring him to deliver up that property; and any person who fails to comply with such an order made by a court in Scotland shall be liable on summary conviction to imprisonment for a term not exceeding two months. (3B) if in any such proceedings as are referred to in subsection (3A) of this section a court of summary jurisdiction is satisfied that any person has applied money belonging to a registered society or branch for purposes which are not authorised by the rules of the society or branch or which are not in accordance with this Act, the court may order him to repay to the society or branch the money which he has so applied; and, whatever the nature of the proceedings in which any such order is made, the order shall be enforceable as an order for the payment of money recoverable, in England summarily, as a civil debt. (3C) Where a court makes an order under subsection (3A) or subsection (3B) of this section, the order may be appealed against as if it were an order of that court made on the conviction of the person to whom the order is directed.

line 19, leave out paragraph 27 and insert— 27. In section 91 (recovery of fines) in subsection (1) the words"or by the rules of a registered society or branch"shall be omitted and for subsection (2) of that section there shall be substituted the following sub-subsection:—

28. In section 92 (jurisdiction of magistrates' court) for the words from"and Ireland"to the end of paragraph (a) there shall be substituted the words"without prejudice to the provisions of the Magistrates Court Act 1952 as to the jurisdiction of a magistrates' court, all summary offences under this Act may be prosecuted "; and in paragraphs (b) and (c) of that section for the words"at the place where"there shall be substituted the words"before a magistrates' court acting for the petty sessions area in which ".

line 36, at end insert— (2) In subsection (3) of that section for the words from"abstract"to"document"there shall be substituted the words"and valuation report ".

line 37, leave out"At the end of section 99(2)"and insert— (1) In section 99 (regulations for carrying out the principal Act) in subsection (1) after the words"this Act ", in the first place where they occur, there shall be inserted the words"including, subject to section 98(3) of this Act, the forms to be used for any purpose under this Act ". (2) At the end of subsection (2) of that section.

Page 21, line 20, leave out paragraph 41.

line 38, at end insert— . In the Shop Clubs Act 1902 section 3 and the Schedule (rules of certified shop clubs and thrift funds required to contain certain provisions substantially identical with those required by the principal Act) shall cease to have effect.

Page 22, line 15, leave out"registrar or"and insert"chief registrar or any assistant registrar or by the "

Schedule 3, page 23, line 21, at end insert—

" 2 Edw. 7. c. 21. The Shop Clubs Act 1902. Section 3. The Schedule."

LORD ABERDARE

My Lords, I think it might be for the convenience of your Lordships if we were to take these Amendments en bloc. The majority of them are designed to effect minor improvements to the Friendly Societies Act so as to prepare the way for a consolidation measure which the Government intend to present to Parliament at an early stage. They include alterations to penalties for various offences, the effect of which is to bring the penalties more into line with modern conditions and to restrict imprisonment to a penalty of last resort. All these Amendments have been agreed by the Friendly Societies Liaison Committee and, unless your Lordships object, I beg to move that these Amendments, Nos. 1 to 22, be agreed to.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Aberdare.)

On Question, Motion agreed to.