transacted at the meeting, has been given in accordance with the rules of the Society, or in the case of a Society whose rules provide for meetings of delegates, means a meeting of delegates of which due notice has been given as aforesaid; "Association means an Association formed for the purposes of Section 3 of the Act of 1918; "Association under Section 39 of the principal Act" means an Association which was formed for the purposes for which provision was made by that Section, and was in existence on the 1st day of January, 1918, or which was on that date in the course of being so formed; "Secretary" includes a person duly authorised to act and acting as Secretary. (3) The Interpretation Act, 1889, (a) applies to the interpretation of these Regulations as it appears to the interpretation of an Act of Parliament. Application for permission to form Association. Application for recognition of existing Association. PART II. Formation and Recognition of Associations. 2. (1) Any two or more Societies having an aggregate membership of not less than 3,000 members shall be entitled before the 1st day of January, 1919, to apply to the Commissioners for permission to form an Association. (2) Application shall be made on behalf of the Societies concerned by not less than two of those Societies, and shall be in writing in the form set out in Part I. of the First Schedule to these Regulations, and shall be sent to the Commissioners, together with copies of resolutions in the terms set out in Part II. of the said Schedule, with such modifications, if any, as the circumstances may require, duly passed at General Meetings of the several Societies, such copies being certified by the Chairmen of the respective Meetings at which the resolutions were passed and by the Secretaries of the respective Societies. 3. (1) Any Association under Section 39 of the principal Act shall be entitled, before the 1st day of January, 1919, to apply to the Commissioners for recognition as an Association. (2) The application shall be made in writing in the form set out in the Second Schedule to these Regulations and shall include a statement that a resolution in the terms set out in the said Schedule with such modifications, if any, as the circumstances may require, was passed by a majority of the members of the Committee of Management of the Association present and voting at a meeting of which due notice had been given, and such statement shall be signed by the Chairman of the meeting at which the resolution was passed and by the Secretary of the Association. (3) Every Association under Section 39 of the principal Act applying for such recognition shall furnish the Commissioners with such particulars as they may require with regard to the (a) 52-3 V. c. 63, date on which the Association was formed or first became in course of formation, and with regard to its constitution and otherwise. 4. (1) Every body of Societies applying for permission to form Adoption of an Association and every Association under Section 39 of the Rules. principal Act applying for recognition as an Association shall adopt rules for regulating the business of the Association under Section 3 of the Act of 1918, including rules providing for the following matters: (a) the name of the Association; (b) the situation of the principal office of the Association; (d) the powers and duties of the Central Financial Com. (e) the times and places of holding, and the manner of convening, meetings of the Central Financial Committee; (f) the manner of determining disputes between the Association and a constituent Society; (g) the manner of admission and expulsion of constituent Societies; (h) the making and alteration of Rules of the Association; (i) the expenditure of the Association on administration. (2) All rules so adopted or proposed to be adopted shall be submitted to the Commissioners for their approval, and permission to form an Association, or recognition of an Association under Section 39 of the principal Act, shall be subject to such rules having been submitted to and approved by the Commissioners. 5. Every amendment of or addition to the rules of an Asso- Amendment ciation shall be submitted to the Commissioners for their approval of Rules. and shall not take effect unless approved by the Commissioners. 6. Every Association shall keep accounts to the satisfaction of the Commissioners and submit them when required to audit by auditors appointed by the Treasury. PART III. Manner of Joining and Seceding from an Association. 7. (1) A Society shall not be entitled or allowed to join an Manner of Association unless before the 30th day of June, 1919, a resolution joining authorising the Committee of Management to make application Association. on behalf of the Society to join the Association has been duly passed at a General Meeting of the Society: Provided that (i) in any particular case in which it appears just and proper Provisions as to Societies in different parts of United Kingdom. Manner of soceding from Association. (ii) if a Society having a membership of less than 1,000 members has by a resolution passed at a General Meeting of the Society applied to join an Association under Section 39 of the principal Act and such Association subsequently becomes an Association for the purposes of Section 3 of the Act of 1918, a resolution passed by the Committee of Management of the Society in favour of joining the Association for the purposes of Section 3 aforesaid shall be a sufficient authority. (2) A copy of the said resolution shall be sent to the Association within 14 days of the date on which it is passed. (3) The Association shall be entitled to accept or reject the application of any Society for admission, but shall not be entitled to impose on the Society any conditions of acceptance which in the opinion of the Commissioners would limit the control of the Society or of its Committee of Management over the administration of the Society's business under the principal Act. (4) The decision of the Association shall within six weeks be communicated to the Society and to the Commissioners. 8. (1) A Society approved for one part of the United Kingdom shall not join an Association other than one composed of Societies approved only for that part. (2) For the purposes of this Article a Society approved for more than one part of the United Kingdom which is by reason of Section 16 (1) of the Act of 1913, as amended by Section 3 (7) of the Act of 1918, treated as a single Society, and the members of a Society who are by reason of the proviso to Section 16 (1) aforesaid treated as if they formed a separate Society, shall be deemed to be or to form a Society approved only for that part of the United Kingdom in which the principal office of the Society is situate, or in which the members are treated as if they formed a separate Society, as the case may be. 9. (1) A Society shall not be entitled or allowed to secede from an Association unless a resolution authorising the Committee of Management of the Society to give notice of its desire to secede has been duly passed at a General Meeting of the Society within 12 months after the date on which the result of the last valuation of the Society is declared: Provided that the Commissioners may, in any case in which it appears to them just and proper so to do, direct that such notice if given not later than six months before the date as at which the next valuation will in the ordinary course be made, or, if the first valuation has not been made, not later than the date appointed by the Commissioners for that valuation, shall be a valid notice for the purpose of this Article. (2) A copy of the said resolution shall be sent to the Association and to the Commissioners within 14 days of the date on which it is passed. (3) If within three months from the date of the receipt of the resolution the Central Financial Committee of the Association, by writing addressed to the Commissioners, make objection to the secession, the Commissioners shall, after taking such objections into consideration, together with the replies in writing, if any, of the seceding Society thereto, give or withhold their consent to the secession as they think fit. (4) If no such objections are received by the Commissioners within the said period, or if, having considered any objections, the Commissioners consent to the secession of the Society, the secession shall take effect as from such date as the Commissioners may determine. (5) Upon the secession of a Society from an Association the Commissioners may make such financial adjustments, if any, between the Society and the Association as may appear to them just and proper. PART IV. Dissolution of an Association. of Association by Com missioners. 10. (1) If the Commissioners receive information with respect Dissolution to any Association which affords ground for the belief that there has been breach on the part of the Central Financial Committee of the Association of any provision of the National Insurance (Health) Acts, 1911 to 1918, or of these Regulations or of the Rules of the Association, or that the affairs of the Association are being administered in a manner prejudicial to the interests of the constituent Societies, they may, after communicating with the Central Financial Committee, cause to be made such inquiry or investigation into the affairs of the Association as they may determine, and shall give the Central Financial Committee an opportunity of appearing and being heard at such inquiry or investigation. (2) The Commissioners shall furnish to the Central Financial Committee and to the Committee of Management of each of the constituent Societies a statement as to the affairs of the Association as appearing from such inquiry or investigation, together with such observations or recommendations, if any, with regard to the conduct of the affairs of the Association as they may think fit to make, and may, if they think fit, not later than six months after the date of the said inquiry or investigation direct that the Association be dissolved. 11. The Central Financial Committee shall have power by Voluntary resolution to dissolve the Association with the consent of not less dissolution than three-quarters of the constituent Societies, which consent of shall be signified by a resolution consenting to the dissolution Association. of the Association duly passed at a General Meeting of each Society: Provided that a resolution of the Central Financial Committee dissolving the Association shall not be valid unless passed at a date which is not within twelve months either of the date on which the result of the last preceding valuation of the Date of dissolution &c. Application to Associations of provisions relating to Societies and branches. constituent Societies was declared or of the date as at which the next valuation of the said Societies will, in the ordinary course. be made. 12. (1) The dissolution of an Association, which the Commissioners have directed to be dissolved or which is voluntarily dissolving, shall take effect as from such date as the Commissioners may determine, not being later than six months after the date on which the dissolution of the Association is directed by the Commissioners or the resolution to dissolve is passed by the Central Financial Committee, as the case may be. (2) Upon the dissolution of an Association the Commissioners may make such financial adjustments, if any, between the Asso ciation and the constituent Societies as may appear to them just and proper. PART V. Relation between Association and Constituent Societies. 13. The provisions of Section 3 of the Act of 1918 shall apply as though the Association were a Society and the constituent Societies were branches of the Society and the contingencies funds of the said Societies were the contingencies fund of the Society, subject to the following adaptations: (1) The contingencies fund of each constituent Society shall remain credited to the Society and shall be applied, so far as necessary, towards making good any deficiency disclosed on valuation of that Society. (2) The Commissioners shall, upon the application of the Central Financial Committee of the Association, transfer to the credit of the Association such part, if any, of the contingencies fund or of the balance of the contingencies fund of each constituent Society not required for making good a deficiency in that Society as may be required for making good the balances, if any, of the deficiencies remaining in the case of other constituent Societies, after the application of the contingencies funds of those Societies under the provisions of the preceding paragraph. (3) Any sums so transferred to the credit of the Association shall be dealt with as though they formed the contingencies fund of a Society with branches, and as though the balance of any deficiency in a constituent Society not made good under paragraph (1) of this Article were a deficiency in a branch. (4) Any part of the contingencies fund of a constituent Society which is not required to make good any deficiency of the Society nor is transferred to the credit of the Association under the last preceding paragraph shall be carried to the benefit fund of the Society, but shall not be treated for the purposes of Section 37 of the principal Act as forming part of any surplus found on the immediately preceding valuation of the Society. |