Section 39 Offences.C1
England, Wales and Scotland
Any collecting society which contravenes or fails to comply with any of the provisions of this Act, or any directions by the F1Commission given thereunder, shall be guilty of an offence under this Act and the provisions of the M1Friendly Societies Act 1896 with respect to offences thereunder and to proceedings in respect of such offences shall apply to offences by societies under this Act:
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If any collector of a collecting society or industrial assurance company, or any other person, contravenes or fails to comply with any of the provisions of this Act affecting such collector or other person, he shall be guilty of an offence under this Act and liable on summary conviction to a fine not exceeding F5level 3 on the standard scale .
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Any such body of persons as aforesaid shall also, without prejudice to any other penalty, be liable to pay to the owner of any policy of industrial assurance issued by them such sum as an industrial assurance company which has knowingly issued an illegal policy is under this Act liable to pay to the owner of such illegal policy.
Notwithstanding any limitation on the time for the taking of proceedings contained in any Act, summary proceedings for offences under this Act, or for offences under the F7M2Friendly Societies Act 1974, where the society by or in respect of which, or the person by or in respect of whom, the offence is alleged to have been committed is a collecting society or an officer of such a society, may be commenced at any time within one year of the first discovery thereof by the F8relevant authority, but not in any case after more than three years from the commission of the offence.
F9The court by which a fine is imposed in pursuance of this Act may direct that the whole or any part thereof shall be applied in or towards the payment of the costs of the proceedings and subject to any such direction and, subject in England to F10section 68 of the M3Magistrates’ Courts Act 1952, all such fines shall, notwithstanding anything in any other Act, be paid into the Exchequer.
Annotations
Textual amendments
- F1
Word in s. 39(1) substituted (E.W.S.) (1.2.1993 for certain purposes and 28.4.1993 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 100 (with ss. 7(5), 93(4)), Sch. 19 Pt. I para. 5(1)(d); S.I. 1993/16, art. 2, Sch.4; S.I. 1993/1186, art. 2, Sch.2 (with saving in art. 3)
- F2
S. 39(1) proviso substituted by Companies Act 1967 (c. 81), s. 87
- F3
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G, 457A
- F4
S. 39(2) repealed by Companies Act 1967 (c. 81), Sch. 8 Pt. I
- F5
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
- F6
Words repealed by Companies Act 1967 (c. 81), Sch. 8 Pt. I
- F7
Words substituted by virtue of Friendly Societies Act 1974 (c. 46), Sch. 10 para. 2
- F8
Words in s. 39(5) substituted (E.W.S.) (1.2.1993 for certain purposes and 28.4.1993 for all remaining purposes) by Friendly Societies Act 1992 (c. 40), s. 100 (with ss. 7(5), 93(4)), Sch. 19 Pt. I para.11; S.I. 1993/16, art. 2, Sch.4: S.I. 1993/1186, art. 2, Sch.2
- F9
Words repealed as to courts of summary jurisdiction by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III
- F10
Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)
Marginal citations
- M1
- M2
- M3
Modifications
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.12.2001) by 2000 c. 8, ss. 416(1)(a), 432(3), Sch. 22; S.I. 2001/3538, art. 2(1) (with savings in S.I. 2001/3647, arts. 3(1)(3), 6, Sch. 1 Pts. I, III as amended (3.7.2002) by S.I. 2002/1555, art. 2)