The Industrial and Provident Societies (Fees) Regulations 1999

Made: 9th March 1999

Laid before Parliament: 10th March 1999

Coming into force: 1st April 1999

The Treasury, in exercise of the powers conferred upon them by sections 70(1) and 71(1) of the Industrial and Provident Societies Act 1965¹, and by those sections as applied by sections 1(2)(b), 4(1)(c) and 7(2) of the Industrial and Provident Societies Act 1967², hereby make the following Regulations:–

Citation and Commencement

1

These Regulations may be cited as the Industrial and Provident Societies (Fees) Regulations 1999 and shall come into force on 1st April 1999.

Interpretation

2

In these Regulations–

• “the Act” means the Industrial and Provident Societies Act 1965;

• “society” means a registered society.

Fees Payable

3

The fees set out in the Schedule hereto shall be payable in advance to the Central Office or, in Scotland, to the Assistant Registrar of Friendly Societies for Scotland in respect of the matters specified in the Schedule.

Consequential Revocations

4

The Industrial and Provident Societies Regulations 1965³, regulation 5 of the Industrial and Provident Societies Regulations 1967⁴, and the Industrial and Provident Societies (Amendment of Fees) Regulations 1998⁵ are hereby revoked.

SCHEDULE — FEES PAYABLE FOR REGISTRATION AND SUNDRY OTHER MATTERS

1

For the acknowledgment of registration of a society (except as provided in paragraphs 17 or 18 below).

2

For the acknowledgment of registration of amendments of rules (except as provided in paragraph 19 below) where there are not more than six amendments.

3

For the acknowledgment of registration of amendments of rules (except as provided in paragraph 19 below) where there are at least seven amendments but not more than ten amendments.

4

For the acknowledgment of registration of amendments of rules (except as provided in paragraph 19 below) where there are more than ten amendments

5

No fee shall be payable under paragraph 2 to 4 above for the acknowledgment of registration of an amendment of rules made solely for the purposes of section 10(2)(b) and section 11 of the Act.

6

No fee shall be payable for the acknowledgment of registration of an amendment of rules made solely to ensure that all members of a society enjoy equal rights.

7

For the approval of a change of name.

8

For the registration of a notice of change in the situation of a registered office.

9

For the registration of a special resolution–

• (a) where the special resolution relates to an amalgamation with, or transfer of engagements to another society;

10

For the appointment of an inspector, or the calling of a special meeting by the Chief Registrar or the Assistant Registrar for Scotland.

11

For the registration of an instrument of dissolution or alteration therein.

12

On every direction for division or appropriation of the assets of a society–

• (a) where the value of the assets is £1000 or less;

13

For every document (except as otherwise provided) required to be signed by a Registrar or to bear the seal of the Central Office not chargeable with any other fee.

14

For the inspection on any particular day of documents on the file kept by a Registrar under regulation 12 of the Industrial and Provident Societies (Forms and Procedures) Regulations 1996⁶ relating to a single society.

15

For the provision of a copy of the whole of or an extract from any document–

• (a) where the copy is not certified as a true copy of a document in the custody of the Registrar–

• (i) where the copy does not exceed 5 pages, or for the first 5 pages of a copy which exceeds 5 pages;

16

In addition to any fee payable under paragraph 15 above, for the provision of a copy or copies of the whole of or an extract from any document by post.

17

For the acknowledgment of registration of a society where (except as provided in paragraph 18 below) the society’s rules are in the form of model rules approved by a Registrar and the application for registration is made through and endorsed by the sponsoring association or body which has sponsored the said model rules–

• (a) with no amendments;

18

No fee shall be payable for the acknowledgment of registration of a society which applies for registration in accordance with section 84A of the Friendly Societies Act 1974⁷.

19

For the acknowledgment of registration of an amendment of rules being a substitution of an entire set of rules for the existing set of rules where the entire set of rules is in the form of model rules approved by a Registrar and the application for registration is made through and endorsed by the sponsoring association or body which has sponsored the said form of model rules–

• (a) with no amendments;

20

For the registration of an annual return.

21

No fee shall be payable in respect of the examination or authentication of copies of rules or amendments of rules to be used for recording under section 8 of the Act.

22

For the approval of a form of model rules submitted by a sponsoring association or body, where–

• (a) an entire new set of rules to be sponsored by it is submitted for approval by a registrar,

23

For the registration of an application to cancel the registration of a society.

24

For a direction under section 1(5) of the Industrial and Provident Societies Act 1967, extending the period for application for the registration of a charge.

25

To the Central Office for the recording of a charge for the purpose of section 1(1) of the Industrial and Provident Societies Act 1967 or, in Scotland, for every copy of an instrument delivered to the Assistant Registrar of Friendly Societies for Scotland in accordance with section 4(1) of that Act.

Signed

David Jamieson — Jim Dowd — Two of the Lords Commissioners of Her Majesty’s Treasury — 9th March 1999

Explanatory note

(This note is not part of the Regulations)

These regulations increase the fees payable for registration and other transactions under the Industrial and Provident Societies Acts 1965 and 1967. They revoke the Industrial and Provident Societies Regulations 1965, regulation 5 of the Industrial and Provident Societies Regulations 1967 and the Industrial and Provident Societies (Amendment of Fees) Regulations 1998.

Taking all fees together, some of which remain unchanged, the overall increase is about 7.5%. The changes are as follows:–

A review of the cost of compliance with these Regulations has been undertaken and the resulting regulatory impact assessment may be purchased from the Registry of Friendly Societies, Victory House, 30–34 Kingsway, London WC2B 6ES.

Footnotes