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Paragraph 3

England, Wales and Scotland

Where such a society or company is charged with a contravention of subsection (2) of section two of this Act in respect of the payment by the . . . F1 company of a sum which exceeded the limit of F2thirty pounds imposed by paragraph (b) or (c) of that subsection in consequence of the addition as thereby required of another sum paid by another F3company or by a registered friendly society, or of two or more other sums so paid, and which would not have exceeded that limit apart from such addition, it shall be a defence for the . . . company charged to prove—

(a)

that the sum in respect of which they are charged was paid in accordance with paragraph 1 of this Schedule; and

(b)

that the certificate produced disclosed no payment by any other company or by a registered friendly society of any sum or sums required by the said paragraph (b) or (c) to be added, or disclosed such payment but only to an amount insufficient to cause the sum in respect of which they are charged to exceed the said limit;

subject however in the case of a certificate which is a duplicate to the provisions of paragraph 6 of this Schedule.

Annotations

Textual amendments

F1

Words repealed by Friendly Societies Act 1974 (c. 46), Sch. 11

F2

Words substituted by Industrial Assurance and Friendly Societies Act 1948 (Amendment) Act 1958 (c. 27), s. 1(1)

F3

Words substituted by Friendly Societies Act 1974 (c. 46), Sch. 9 para. 14(a)

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by 2000 c. 8, ss. 416(1)(b), 432(3), Sch. 22; S.I 2001/3538, art. 2(1) (with savings in S.I. 2001/3647, arts. 3(2)(3), 6, Sch. 1 Pts. II, III)

Notes on Schedule FIRST

Textual amendments

F1

Sch. 1 repealed (1.2.1993) by Friendly Societies Act 1992 (c. 40), s. 120(2), Sch. 22 Pt.I; S.I. 1993/16, art. 2, Sch.3, Appendix.