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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Industrial and Provident Societies (Northern Ireland) Order 2006 No. 314 (N.I. 3) URL: https://www.bailii.org/uk/legis/num_reg/2006/20060314.html |
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Made | 14th February 2006 | ||
Coming into operation in accordance with Article 1(2) and (3) |
1. | Title and commencement |
2. | Interpretation |
3. | Societies which may be registered |
4. | Capacity of society and power of committee to bind it |
5. | Purported contracts, deeds and obligations |
6. | Execution of deeds and other documents |
7. | Conversion into, or transfer of engagements to, a company |
8. | Application of Company Directors Disqualification Order to registered societies |
9. | Community benefit societies: power to restrict use of assets |
10. | Power to modify statutory provisions relating to industrial and provident societies |
11. | Repeals |
Schedule | Repeals |
Capacity of society and power of committee to bind it
4.
After section 7 of the principal Act (carrying on of banking by societies) there shall be inserted the following—
(3) The references in section 7A and this section to limitations on the powers of the committee under the society's registered rules include limitations deriving—
(4) Subsection (1) shall not affect any right of a member of the society to bring proceedings to restrain the doing of an act which is beyond the powers of the committee; but no such proceedings shall lie in respect of an act to be done in fulfilment of a legal obligation arising from a previous act of the society.
(5) Subsection (1) shall not affect any liability incurred by a member of the committee, or any other person, by reason of the committee's exceeding its powers.
(6) Section 7D shall have effect notwithstanding this section.
No duty to enquire as to capacity of society or authority of committee
7C.
A party to a transaction with a registered society shall not be bound to enquire as to whether it is permitted by the society's registered rules or as to any limitation on the powers of the committee to bind the society or authorise others to do so.
Transactions with committee members and other persons in excess of powers
7D.
—(1) This section applies where a registered society enters into a transaction to which the parties include—
(6) A person other than a member of the committee shall not be liable under subsection (3) if he shows that at the time the transaction was entered into he did not know that the committee was exceeding its powers.
(7) This section shall not affect the operation of section 7B in relation to any party to the transaction not within subsection (1)(a) or (b) of this section.
(8) But where a transaction is voidable by virtue of this section and valid by virtue of section 7B in favour of such a person, the court may, on the application of that person or of the society, make such order affirming, severing or setting aside the transaction, on such terms, as appear to the court to be just.
Definitions relating to section 7D
7E.
—(1) In section 7D "transaction" includes any act; and the reference in subsection (1) of that section to limitations under the society's registered rules includes limitations deriving—
Purported contracts, deeds and obligations
5.
—(1) After section 28 of the principal Act (contracts) there shall be inserted the following section—
(3) Subsections (1) and (2) apply to the making of a deed as they apply to the making of a contract.".
Execution of deeds and other documents
6.
—(1) After section 28A of the principal Act (as inserted by Article 5 of this Order) there shall be inserted the following sections—
shall have the same effect as if it were executed under the common seal of the society.
(4) A document executed by a registered society which makes it clear on its face that it is intended by the person or persons making it to be a deed shall have effect, upon delivery, as a deed, and it shall be presumed, unless a contrary intention is proved, to be delivered upon its being so executed.
(5) In favour of a purchaser a document shall be deemed to have been duly executed by a registered society if it purports to be signed by a member of the committee of the society and the secretary of the society, or by two members of the committee, and, where it makes it clear on its face that it is intended by the person or persons making it to be a deed, to have been delivered upon its being executed.
(6) Subsections (3) to (5) shall apply whether or not the society has a common seal, and, in subsection (5), "purchaser" means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property.
Power of society to have official seal for use abroad
28D.
—(1) This section shall apply to a registered society if—
(2) The society may, if authorised by its registered rules, have an official seal for use in any territory, district, or place elsewhere than in the United Kingdom.
(3) An "official seal" is a facsimile of the society's common seal with the addition on its face of the name of every territory, district or place where it is to be used.
Effect of use of official seal
28E.
The official seal of a registered society when duly affixed to a document shall have the same effect as the society's common seal.
Authorisation of use of official seal
28F.
—(1) If a registered society has an official seal, it may authorise any person appointed for the purpose as respects any territory, district or place appearing on the face of that seal to affix it to any deed or other document to which the society is party there.
(2) An authorisation for the purposes of subsection (1) shall be given by writing under the society's common seal.
(3) As between the society and a person dealing with such an agent, the agent's authority shall continue—
Conversion into, or transfer of engagements to, a company
7.
In section 61 of the principal Act (conversion into, or transfer of engagements to, a company), for subsection (3) (resolution to be passed by not less than three-fourths of the members voting in person or, where the rules allow, by proxy) there shall be substituted the following subsections—
and references to the qualifying members of a society are references to the members of the society who are for the time being entitled under the society's rules to vote.
(3A) At any such meeting, a declaration by the chairman that—
shall be deemed conclusive evidence of those facts.
(3B) Subsections (4) and (5) of section 59 shall have effect for the purposes of this section as they have effect for the purposes of that section but as if in subsection (5) of that section for the reference to subsection (2)(b) of that section there were substituted a reference to subsection (3)(d) of this section.".
(3) In the application of Schedule 1 to the members of the committee of management of a registered society, references to provisions of the Insolvency Order or the Companies Order include references to the corresponding provisions of the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24).".
Community benefit societies: power to restrict use of assets
9.
—(1) The Department may by regulations make provision for enabling any community benefit society, or any community benefit society of a prescribed kind, to ensure that—
cannot be used or dealt with except in a case mentioned in paragraph (2).
(2) The cases are—
(5) Regulations under this Article may—
Power to modify statutory provisions relating to industrial and provident societies
10.
—(1) If, on any modification of the statutory provisions in force in Northern Ireland relating to companies, it appears to the Department to be expedient to modify the relevant statutory provisions for the purpose of assimilating the law relating to companies and the law relating to industrial and provident societies, the Department may, by order, make such modifications of the relevant statutory provisions as it thinks appropriate for that purpose.
(2) The "relevant statutory provisions" are the provisions of the Industrial and Provident Societies Acts (Northern Ireland) 1969 and 1976 as for the time being in force except the following provisions of the principal Act—
(4) An order under this Article may—
(5) No order shall be made under this Article unless a draft of it has been laid before and approved by a resolution of the Assembly.
(6) In this Article "modification" includes any additions and, as regards modifications of the statutory provisions relating to companies, any modification effected by any statutory provision coming into operation after the making of this Order.
Repeals
11.
The statutory provisions specified in the Schedule are hereby repealed to the extent specified in the second column of that Schedule.
A.K. Galloway
Clerk of the Privy Council
Short Title | Extent of repeal |
The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24). |
In section 3, the words "a common seal and with". In section 5(6), the words "engraven in legible characters on its seal and". Section 5(7)(a). |
The Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 (NI 9). | In Part I of Schedule 1, the entry relating to section 1(2) of the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24). |
© Crown copyright 2006