WHO consolidated guidelines on tuberculosis: module 4: treatment: drug-resistant tuberculosis treatment: online annexes
For the purposes of this Act insurance business is divided into long term business and general business; and—
“controller”,
In this section
“relevant executive” in relation to the applicant means a person who is—
“minor”, in relation to Scotland, includes pupil.
whose business is not restricted to business to which subsection (5) below applies; and
which is not excluded from each Directive mentioned in that subsection by Article 3 of that Directive;
For the purposes of this Act the effecting and carrying out of a contract whose principal object is within one class of insurance business, but which contains related and subsidiary provisions within another class or classes, shall be taken to constitute the carrying on of insurance business of the first-mentioned class, and no other, if subsection (3) or (4) below applies to the contract.
This subsection applies to a contract whose principal object is within any class of long term business but which contains subsidiary provisions within general business class 1 or 2 if the insurer is authorised under section 3 or 4 below to carry on long term business class I.
This subsection applies to a contract whose principal object is within one of the classes of general business but which contains subsidiary provisions within another of those classes, not being class 14 or 15 or (except as mentioned in subsection (4A) below) class 17.
Subsection (4) applies to a contract whose principal object is within one of the classes of general business but which contains subsidiary provisions within general business class 17 if—
the principal object of the contract is the provision of assistance for persons who get into difficulties while travelling, while away from home or while away from their permanent residence, or
those subsidiary provisions concern disputes or risks arising out of, or in connection with, the use of sea-going vessels
“identified fund”, in relation to a company, means assets representing the company’s receipts from a particular part of its long term business which can be identified as such by virtue of accounting or other records by the company.
Subject to the following provisions of this section, no person shall carry on any insurance business in the United Kingdom unless authorised to do so under section 3 or 4 below.
“registrar” has the meaning given by section 101(1) of the said Act of 1969.
Subsection (1) above shall not apply to insurance business (other than industrial assurance business) carried on— In this subsection “trade union” and “employers’ association” have (throughout the United Kingdom) the meanings respectively assigned by section 1 and section 122(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
by a member of Lloyd’s, or
by a body registered under the enactments relating to friendly societies; or
by a trade union or employers’ association where the insurance business carried on by the union or association is limited to the provision for its members of provident benefits or strike benefits.
Subsection (1) above shall not apply to industrial assurance business carried on by a friendly society registered under the enactments relating to such societies.
Subsection (1) above shall not apply to general business of class 14, 15, 16 , 17 or 18 if it is carried on solely in the course of carrying on, and for the purposes of, banking business.
Subsection (1) above shall not apply to general business consisting in the effecting and carrying out, by an insurance company that carries on no other insurance business, of contracts of such descriptions as may be prescribed, being contracts under which the benefits provided by the insurer are exclusively or primarily benefits in kind.
Subsection (1) above shall not apply to insurance business carried on by anEC company through a branch in respect of which such of the requirements of Part I of Schedule 2F to this Act as are applicable have been complied with.
In this Act 'EC company’ means an insurance company—
which is incorporated in or formed under the law of a member State other than the United Kingdom;
whose head office is in that member State; and
which is authorised in accordance with Article 6 of the first general insurance Directive or Article 6 of the first long term insurance Directive.
In relation to any time before it becomes a member State, each of the following, namely, Iceland, Liechtenstein andNorway, shall be treated as if it were a member State for all purposes of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Treasurymay authorise a body to carry on in the United Kingdom such of the classes of insurance business specified in Schedule 1 or 2 to this Act, or such parts of those classes, as may be specified in the authorisation.
An authorisation under this section may be restricted to industrial assurance business or to reinsurance business; and a body may not carry on industrial assurance business by virtue of an authorisation under this section unless the authorisation expressly extends to such business.
An authorisation under this section may identify classes or parts of classes of general business by referring to the appropriate groups specified in Part II of Schedule 2 to this Act.
On the issue to a body of an authorisation under this section, any previous authorisation of that body under this section or section 4 below shall lapse.
A body that was, immediately before the commencement of this Act, authorised under section 3 or 4 of the Insurance Companies Act 1981 to carry on in the United Kingdom insurance business of a class specified in Schedule 1 or 2 to that Act (or a part of such a class) is authorised to carry on there insurance business of the class identified by the same number in Schedule 1 or 2 to this Act (or that part of such a class).
A body may not carry on industrial assurance business by virtue of this section unless—
it was carrying on such business immediately before 1st January 1982, or
it was immediately before the commencement of this Act authorised to carry on such business under section 3 of the Insurance Companies Act 1981.
The Treasuryshall not issue an authorisation under section 3 above unless—
the applicant has submitted to them such proposals as to the manner in which it proposes to carry on business, such financial forecasts and such other information as may be required by or in accordance with regulations under this Act, and
The Treasury are satisfied on the basis of that and any other information received by them that the application ought to be granted.
Subject to subsection (3) below, the Treasury shall decide an application for an authorisation under section 3 above within six months of receiving the information referred to in subsection (1)(a) above; and if the Treasury refuse to issue the authorisation theyshall inform the applicant in writing of the reasons for the refusal.
The Treasury shall not issue an authorisation under section 3 above to an applicant which is a UK or non-EC company if it appears to the Treasury that the criteria of sound and prudent management are not or will not be fulfilled with respect to the applicant.
The Treasury shall not issue an authorisation under section 3 above to an applicant which is a UK or non-EC company if it appears to the Treasury that— and in this subsection “non-EEA laws” means laws of a country or territory outside the European Economic Area and “non-EEA administrative provisions” shall be construed accordingly.
the applicant is an undertaking which is closely linked with any person; and
the applicant’s close links with that person, or any matters relating to any non-EEA laws or administrative provisions to which that person is subject, are such as would prevent the effective exercise by the Treasury or the Secretary of State of his functions under this Act in relation to the applicant;
The Treasury shall not issue an authorisation under section 3 above to an applicant—
which is incorporated in the United Kingdom;
whose head office is outside the United Kingdom;
which is not excluded from each Directive mentioned in that subsection by Article 3 of that Directive.
The Treasury may defer a decision on an application for an authorisation under section 3 above for such period as may be necessary for the purpose of implementing any decision of the Council or Commission of the Communities under—
Article 29b(4) of the first general insurance Directive; or
Article 32b(4) of the first long term insurance Directive.
'EEA State’ means a State which is a Contracting Party to the EEA Agreement . . .;
This subsection applies to—
reinsurance business;
business which is excluded from the first long term insurance Directive by Article 2(2) or (3) of that Directive;
business which is excluded from the first general insurance Directive by Article 2(2)(b) of that Directive; and
business which is exempted from the authorisation requirements contained in this Part of this Act by subsections (2) to (5) of section 2 above.
The Treasuryshall not under section 3 above authorise a body to carry on both long term business and general business unless—
the long term business is restricted to reinsurance; or
the body is at the time the authorisation is issued already lawfully carrying on in the United Kingdom, otherwise than under paragraph (c) below, both long term business and general business (in neither case restricted to reinsurance); or
in the case of a body which is a UK company, the general business is restricted to Group 1 of Part II to Schedule 2 to this Act (accident and health) or to any class or part of a class of insurance within that group.
The Treasury shall not issue an authorisation under section 3 above to an applicant whose head office is in the United Kingdom unless the applicant is—
a company as defined in section 735 of the Companies Act or Article 3 of the Companies (Northern Ireland) Order 1986, or
a registered society, or
a body corporate established by royal charter or Act of Parliament and already authorised under section 3 or 4 above to carry on insurance business (though not to the extent proposed in the application).
The Treasury shall not issue an authorisation under section 3 above to an applicant whose head office is in the United Kingdom if it has an issued share capital any part of which was issued after the commencement of this section but is not fully paid up.
The Treasury shall not issue an authorisation under section 3 above to an applicant if it appears to the Treasury that any director, controller, manager or main agent of the applicant is not a fit and proper person to hold the position held by him.
whose head office is in the United Kingdom; and
which is not an applicant to which section 5(1A) above applies,
In this section
a managing director of the applicant or of a body corporate of which the applicant is a subsidiary;
“controller”, in relation to the applicant, means—
a chief executive of the applicant or of a body corporate, being an insurance company, of which the applicant is a subsidiary;
a person—
in accordance with whose directions or instructions the directors of the applicant or of a body corporate of which it is a subsidiary are accustomed to act, or
who either alone or with any associate or associates is entitled to exercise, or control the exercise of, one-third15 per cent or more of the voting power at any general meeting of the applicant or of a body corporate of which it is a subsidiary.
In this section not being a person whose functions relate exclusively to business conducted from a place of business outside the United Kingdom.
exercises managerial functions, or
is responsible for maintaining accounts or other records of the applicant,
In this section
without limit on the aggregate amount of premiums; or
with a limit in excess of 10 per cent. of the premium limit as determined in accordance with Schedule 3 to this Act.
In this section “chief executive”, in relation to the applicant or a body corporate of which it is a subsidiary, means an employee of the applicant or that body corporate, who, either alone or jointly with others, is responsible under the immediate authority of the directors for the conduct of the whole of the insurance business of the applicant or that body corporate.
the wife or husband or minor son or daughter of that person;
any company of which that person is a director;
any person who is an employee or partner of that person;
if that person is a company—
any director of that company;
any subsidiary of that company;
any director or employee of any such subsidiary;
The Treasuryshall not issue an authorisation under section 3 above to an applicant to which this section appliesunless the applicant has a representative fulfilling the requirements of section 10 below.
The Treasury shall not issue an authorisation under section 3 above to an applicant to which this section applies if it appears to the Treasury that any relevant executive or main agent of the applicant is not a fit and proper person to hold the position held by him.
Where an applicant to which this section applies seeks an authorisation under section 3 above restricted to reinsurance business—
the Treasuryshall not issue the authorisation unless they areatisfied that the applicant is a body corporate entitled under the law of that State to carry on insurance business there; and
subsection (2) above shall have effect as if the reference to any relevant executive were a reference to any person who is a director, controller or manager of the applicant or a person within paragraph (a) or (b) of subsection (4) below.
the representative referred to in subsection (1) above or the individual representative referred to in section 10(5) below;
an officer or employee of the applicant who, either alone or jointly with others, is responsible for the conduct of the whole of the insurance business carried on by the applicant in the United Kingdom, not being a person who—
is also responsible for the conduct of insurance business carried on by the applicant elsewhere, and
has a subordinate who is responsible for the whole of the insurance business carried on by the applicant in the United Kingdom; or
an employee of the applicant who, under the immediate authority of a director or of an officer or employee within paragraph (b) above,—
exercises managerial functions, or
is responsible for maintaining accounts or other records of the applicant, not being a person whose functions relate exclusively to business conducted from a place of business outside the United Kingdom;
An applicant is one to which this section applies if—
its head office is in a member State other than the United Kingdom and it is not an EC company; or
its head office is in an EFTA State; or
its head office is in Switzerland and the authorisation sought by it is an authorisation to carry on general business which is not restricted to reinsurance business.
The Treasury shall not issue an authorisation under section 3 above in respect of long term or general business to an applicant to which this section applies unless the Treasury are satisfied— but subject to subsection (2) and (3) below.
that the applicant is a body corporate entitled under the law of the place where its head office is situated to carry on long term or, as the case may be, general business there;
that the applicant has in the United Kingdom assets of such value as may be prescribed; and
that the applicant has made a deposit of such amount and with such person as may be prescribed;
Where the applicant seeks to carry on insurance business in the United Kingdom and one or more other EEA States,the Treasury and the supervisory authority in the other State or States concerned may agree that this subsection shall apply to the applicant; and in that event—
paragraph (b) of subsection (1) above shall have effect as if the reference to the United Kingdom were a reference to the EEA States concerned taken together; and
paragraph (c) of that subsection shall have effect as if the reference to such person as may be prescribed were a reference to such person as may be agreed between the Treasury and the other supervisory authority or authorities concerned.
Paragraph (c) of subsection (1) above shall not apply where the authorisation sought is one restricted to reinsurance.
The Treasury shall not issue an authorisation under section 3 above to an applicant to which this section applies unless the applicant has a representative fulfilling the requirements of section 10 below.
The Treasury shall not issue an authorisation under section 3 above which is restricted to reinsurance business to an applicant to which this section applies if it appears to the Treasury that— is not a fit and proper person to hold the position held by him.
the representative of the applicant referred to in subsection (4) above or the individual representative referred to in section 10(5) below, or
any director, controller or manager of the applicant, or
a main agent of the applicant,
In this section
is also responsible for the conduct of insurance business carried on by it elsewhere; and
has a subordinate who is responsible for the whole of the insurance business carried on by the applicant in the United Kingdom.
An applicant is one to which this section applies if—
its head office is not in an EEA State; and
it is not an applicant to which section 8 above applies.
Regulations under this Act may make such provision as to deposits under this section as appears to the Treasury to be necessary or expedient, including provision for the deposits of securities instead of money, and, in relation to deposits with the Accountant General of the Supreme Court, provision applying (with or without modification) any of the provisions of the rules for the time being in force under section 38(7) of the Administration of Justice Act 1982.
The requirements referred to in sections 8(1) and 9(4) above are those set out in the following provisions of this section.
The representative must be a person resident in the United Kingdom who has been designated as the applicant’s representative for the purposes of this section.
The representative must be authorised to act generally, and to accept service of any document, on behalf of the applicant.
The representative must not be an auditor, or a partner or employee of an auditor, of the accounts of any business carried on by the applicant.
If the representative is not an individual, it must be a company as defined in section 735 of the Companies Act or Article 3 of the Companies (Northern Ireland) Order 1986 with its head office in the United Kingdom and must itself have an individual representative resident in the United Kingdom who is authorised to act generally, and to accept service of any document, on behalf of the company in its capacity as representative of the applicant.
The Treasury may, at the request of the company or on any grounds set out in subsection (2) below, direct that an insurance company authorised under section 3 or 4 above to carry on insurance business shall cease to be authorised to effect contracts of insurance, or contracts of any description specified in the direction.
The grounds referred to in subsection (1) above are—
that it appears to the Treasury that the company has failed to satisfy an obligation to which it is subject by virtue of this Act or the Financial Services Act 1986 or, if it is a member of a recognised self-regulating organisation within the meaning of that Act, an obligation to which it is subject by virtue of the rules of that organisation;
that there exists a ground on which the Treasury would be prohibited by section 5(1B) or (1C), 7, 8 or 9 above from issuing an authorisation to the company;
that the company is a UK company and it appears to the Treasury that the company has failed to satisfy an obligation to which it is subject by virtue of any provision of the law of another EEA State which—
gives effect to the general or long term insurance Directives; or
is otherwise applicable to the insurance activities of the company in that State;
that the company has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, in a member State where it has its head office or where it has in accordance with section 9(2) above made a deposit.
that the company is a UK or non-EC company and it appears to the Treasury that any of the criteria of sound and prudent management is not or has not been fulfilled, or may not be or may not have been fulfilled, in respect of the company.
that the company is a Swiss general insurance company which has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, in Switzerland.
After giving a direction under this section otherwise than at the request of the company concerned the Treasury shall inform the company concerned of theirs reasons for giving the direction.
A direction under this section shall not prevent a company from effecting a contract of insurance in pursuance of a term of a subsisting contract of insurance.
Where a direction under this section has been given in respect of—
a company which has its head office, or has in accordance with section 9(2) above made a deposit, in a member State other than the United Kingdom; or
a Swiss general insurance company, the Treasury may revoke or vary the direction if after consultation with the supervisory authority in that member State or, as the case may be, in Switzerland the Treasury consider it appropriate to do so.
Subject to subsection (5) above a direction given under this section in respect of any insurance company may not be revoked or varied; but if the Treasury subsequently issue to the company under section 3 above an authorisation to carry on insurance business of a class to which the direction relates, the direction shall cease to have effect in relation to such business.
In this Act “Swiss general insurance company” means an insurance company—
whose head office is in Switzerland;
which is authorised under section 3 or 4 above to carry on general business; and
whose authorisation is not restricted to reinsurance business.
Before giving a direction under section 11 above otherwise than at the request of the company concerned the Treasury shall serve on the company a written notice stating—
that they are considering giving a direction and the ground on which they areconsidering it; and
that the company may, within the period of one month from the date of service of the notice, make written representations to the Treasury and, if the company so requests, oral representations to an officer of the Treasury appointed for the purpose by the Treasury.
Before giving a direction under section 11 above in respect of a company on either of the grounds set out in subsection (2A) below, the Treasury shall serve on the person whose fitness is in question a written notice stating—
that they are considering giving a direction on that ground; and
that the person on whom the notice is served may, within the period of one month from the date of service of the notice, make written representations to the Treasury and, if that person so requests, oral representations to an officer of the Treasury appointed for the purpose by the Treasury
Subject to subsection (4) below, the Treasury shall consider any representations made in response to a notice under subsection (2) above before serving a notice under subsection (1) above.
The grounds referred to in subsection (2) above are—
that the company is a UK or non-EC company and it appears to the Treasury that the second or third criterion of sound and prudent management is or has not been fulfilled, or may not be or may not have been fulfilled, in respect of the company; and
that there exists a ground on which the Treasury would be prohibited by section 7(3), 8(2) or 9(5) above from issuing an authorisation to the company.
Subsection (3) above shall not apply where the position held by the person on whom the notice under subsection (2) above is served, and whose fitness for that position is in question, is controller of a company.
A notice under subsection (1) or (2) above shall give particulars of the ground on which the Treasuryare considering giving a direction.
Where representations are to be made in response to a notice under subsection (1) or (2) above, the Treasury shall take them into consideration before giving a direction.
Any notice to be served on a person under subsection (1) or (2) above may be served by post, and a letter containing the notice shall be deemed to be properly addressed if it is addressed to that person at his last known residence or last known place of business in the United Kingdom.
After giving a direction under section 11 above the Treasury shall publish notice of it in the London, Edinburgh and Belfast Gazettes and in such other ways as appear to the Treasury expedient for notifying the public.
Where— the Treasury may direct that it shall cease to be authorised under section 3 or 4 above to carry on insurance business or insurance business of that class.
a UK company ceases to carry on insurance business or insurance business of any class in the European Community; or
an insurance company which is not a UK company ceases to carry on insurance business or insurance business of any class in the United Kingdom,
If— the Treasury may direct that the body shall cease to be authorised to carry on business of that class.
a body authorised under section 3 above to carry on insurance business of any class has not at any time carried on insurance business of that class, and at least twelve months have elapsed since the issue of the authorisation; or
a body authorised under section 4 above to carry on insurance business of any class has not at any time since the commencement of this Act carried on business of that class,
A direction under this section is without prejudice to the subsequent issue of an authorisation to carry on insurance business of a class to which the direction relates.
The Treasury may direct that an insurance company shall cease to be authorised to carry on business which is insurance business by virtue of section 95(c)(ii) of this Act if it appears to the Treasury that the company has failed to satisfy an obligation to which it is subject by virtue of the Financial Services Act 1986 or, if it is a member of a recognised self-regulating organisation within the meaning of that Act, an obligation to which it is subject by virtue of the rules of that organisation.
Subsections (3), (5) and (6) of section 11 and subsections (1) and (5) to (8) of section 12 above shall apply to a direction under subsection (2A) above as they apply to a direction under section 11.
Where, in the case of a UK or non-EC company, it appears to the Treasury— the Treasury may direct that the company shall forthwith cease to be authorised to effect contracts of insurance, or contracts of any description specified in the direction.
that one of the grounds in section 11(2) above exists in relation to the company: and
that the authorisation should be suspended as a matter of urgency,
A direction under this section—
shall not prevent a company from effecting a contract of insurance in pursuance of a term of a subsisting contract of insurance; and
unless confirmed by the Treasuryunder subsection (6) below, shall cease to have effect at the end of the relevant period.
Where the Treasury gives a direction under this section, they shall forthwith serve on the company a written notice stating—
the ground on which the direction is given; and
that the company may, within the period of one month from the date of service of the notice, make written representations to the Treasury and, if the company so requests, oral representations to an officer of the Treasury appointed for the purpose by the Treasury.
Where the Treasurygive a direction under this section on the ground set out in section 11(2)(ab) above, the Treasuryshall forthwith serve on any person whose fitness is in question a written notice stating—
the ground for giving the direction; and
that the person on whom the notice is served may, within the period of one month from the date of service of the notice, make written representations to the Treasury and, if that person so requests, oral representations to an officer of the Treasuryappointed for the purpose by the Treasury.
The Treasury shall consider any representations made in response to a notice under subsection (3) or (4) above before confirming a direction under this section.
At any time before the end of the relevant period, the Treasury may confirm a direction under this section by a written notice served on the company.
Where a direction under this section is so confirmed, it may not be revoked or varied; but if the Treasury subsequently issue to the company under section 3 above an authorisation to carry on insurance business of a class to which the direction relates, the direction shall cease to have effect in relation to such business.
In this section 'the relevant period’, in relation to a direction under this section, means the period of two months beginning with the date on which the direction is given.
A person who carries on business in contravention of this Part of this Act shall be guilty of an offence.
A person who for the purpose of obtaining the issue of an authorisation furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both;
on summary conviction—
in England and Wales . . . , to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980;
in Scotland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 255(8)of the Criminal Procedure (Scotland) Act 1995;
in Northern Ireland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.
Subject to the provisions of this section, this Part of this Act applies to—
all insurance companies, whether established within or outside the United Kingdom, which carry on insurance business within the United Kingdom; and
all UK companies which carry on business in a member State other than the United Kingdom.
This Part of this Act does not apply to any insurance company which is registered under the enactments relating to friendly societies.
Except as otherwise provided by Part I of Schedule 2F to this Act, this Part of this Act except— does not apply to an EC company in so far as it is carrying on insurance business through a branch in respect of which such of the requirements of Part I of Schedule 2F to this Act as are applicable have been complied with.
sections 47A, 47B, 52A, 52B, 54 to 59 and Schedule 2B; and
section 49 and Schedule 2C so far as relating to the transfer of policies which evidence contracts of reinsurance,
Where a trade union or an employers’ association carries on insurance business, this Part of this Act does not apply to it as an insurance company if the insurance business is limited to the provision for its members of provident benefits or strike benefits. In this subsection “trade union” and “employers’ association” have (throughout the United Kingdom) the meanings respectively assigned by section 1 and section 122(1) of the Trade Union and Labour Relations (Consolidation) Act 1992.
This Part of this Act does not apply to a member of Lloyd’s who carries on insurance business of any class provided that . . .the requirements set out in section 83 below and applicable to business of that class are complied with by or in respect of him.
This Part of this Act does not apply to a person by reason only that he carries on general business of class 14, 15, 16 , 17 or 18 in the course of carrying on, and for the purposes of, banking business.
This Part of this Act does not apply to an insurance company whose insurance business is restricted to general business consisting in the effecting and carrying out of contracts of such descriptions as may be prescribed, being contracts under which the benefits provided by the insurer are exclusively or primarily benefits in kind.
An insurance company to which this Part of this Act applies shall not carry on any activities, in the United Kingdom or elsewhere, otherwise than in connection with or for the purposes of its insurance business.
For the purposes of subsection (1) above any activities of an insurance company that are excluded from the definition of insurance business by section 95(c) (ii) below shall be treated as carried on in connection with its insurance business.
Every insurance company to which this Part of this Act applies shall, with respect to each financial year of the company, prepare a revenue account for the year, a balance sheet as at the end of the year and a profit and loss account for the year or, in the case of a company not trading for profit, an income and expenditure account for the year.
The contents of the documents required by subsection (1) above to be prepared shall be such as may be prescribed, but regulations may provide for enabling information required to be given by such documents to be given instead in a note thereon or statement or report annexed thereto or may require there to be given in such a note, statement or report such information in addition to that given in the documents as may be prescribed.
Regulation may, as respects such matters stated in such documents as aforesaid or in statements or reports annexed thereto as may be prescribed, require there to be given by such persons as may be prescribed and to be annexed to the documents certificates of such matters as may be prescribed.
If a form is prescribed— the document shall be prepared, the information shall be given or, as the case may be, the certificate shall be framed, in that form.
for any such document as aforesaid or,
as that in which information authorised or required to be given in a statement or report annexed to any such document is to be given or,
for a certificate to be so annexed,
Every insurance company to which this Part of this Act applies which carries on long term business—
shall, once in every period of twelve months, cause an investigation to be made into its financial condition in respect of that business by the person who for the time being is its actuary under section 19(1) below or any corresponding enactment previously in force; and
when such an investigation has been made, or when at any other time an investigation into the financial condition of the company in respect of its long term business has been made with a view to the distribution of profits, or the results of which are made public, shall cause an abstract of the actuary’s report of the investigation to be made.
An investigation to which subsection (1)(b) above relates shall include—
a valuation of the liabilities of the company attributable to its long term business; and
a determination of any excess over those liabilities of the assets representing the fund or funds maintained by the company in respect of that business and, where any rights of any long term policy holders to participate in profits relate to particular parts of such a fund, a determination of any excess of assets over liabilities in respect of each of those parts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of any investigation to which this section applies the value of any assets and the amount of any liabilities shall be determined in accordance with any applicable valuation regulations.
The form and contents of any abstract . . . under this section shall be such as may be prescribed.
Every insurance company to which this Part of this Act applies shall within one month of beginning to carry on long term business appoint an actuary as an actuary to the company; and whenever an appointment under this section or any corresponding enactment previously in force comes to an end the company shall as soon as practicable make a fresh appointment.
A company making an appointment under this section shall within fourteen days serve on the Treasury a written notice stating that fact and the name and qualifications of the person appointed; and if an appointment under this section or any corresponding enactment previously in force comes to an end the company shall within fourteen days serve on the Treasury a written notice stating that fact and the name of the person concerned.
Classes of insurance business may be prescribed for the purposes of this section, and every insurance company to which this Part of this Act applies which carries on such business of a prescribed class shall annually prepare the prescribed statement of business of that class, being, if a form is prescribed for the statement, a statement in the prescribed form.
The accounts and balance sheets of every insurance company to which this Part of this Act applies shall be audited in the prescribed manner by a person of the prescribed description, and regulations made for the purposes of this section may apply to such companies the provisions relating to the audit of the accounts of companies under the Companies Acts, subject to such adaptations and modifications as may appear necessary or expedient.
In subsection (1) above the reference to accounts and balance sheets shall include a reference to any statement or report annexed thereto giving information authorised or required by virtue of section 17(2) above to be given in a statement or report so annexed.
Every account, balance sheet, abstract or statement required by sections 17, 18 and 20 above and any report of the auditor of the company made in pursuance of section 21 above shall be printed, and the required copies of the document shall be deposited with the Treasurywithin six months after the close of the period to which the account, balance sheet, abstract, statement or report relates; but if in any case it is made to appear to the Treasury that the circumstances are such that a longer period than six months should be allowed, the Treasury may extend that period by such period not exceeding three months as they think fit.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
were authorised by the company to issue, or to the knowledge of the company have issued, any such invitation in relation to the company as is mentioned in subsection (1)(a) of section 74 below ; and
were connected with the company as provided by regulations under that section.
In subsection (1) above, the reference to the required copies, in relation to a document, is to —
five printed copies of the document, or
one printed copy of the document and one copy of it in a form approved for the purposes of this subsection by the Treasury.
In the case of any document deposited under subsection (1) . . . above except an auditor’s report one of the printed copies, or, as the case may be, the printed copy, of the document shall be signed by such persons as may be prescribed.
In the caseof any auditor’s report deposited under subsection (1) above one of the printed copies, or, as the case may be, the printed copy, of the report shall be signed by the auditor.
The Treasuryshall consider the documents deposited under subsection (1)above, and if any such document appears to theTreasuryto be inaccurate or incomplete in any respect the Treasury shall communicate with the company with a view to the correction of any such inaccuracies and the supply of deficiencies.
There shall be deposited with every revenue account and balance sheet of a company any report on the affairs of the company submitted to the shareholders or policy holders of the company in respect of the financial year to which the account and balance sheet relate.
In this section any reference to an account or balance sheet includes a reference to any statement or report annexed thereto giving information authorised or required by virtue of subsection (2) of section 17 above to be so given and any certificate so annexed by virtue of subsection (3) of that section.
No duty to which— may be subject shall be regarded as contravened by reason of his communicating in good faith to the Treasury or to the Secretary of State, whether or not in response to a request from them, any information or opinion on a matter of which the auditor has become aware in his capacity as auditor of that company or body and which is relevant to any functions of the Treasury or, as the case may be, Secretary of State under this Act
an auditor of an insurance company to which this Part of this Act applies; or
an auditor of any body with which a UK or non-EC company is closely linked by control who is also an auditor of the insurance company,
If it appears to the Treasury that any auditor or class of auditor to whom subsection (1) above applies is not subject to satisfactory rules made or guidance issued by a professional body specifying circumstances in which matters are to be communicated to the Treasury or the Secretary of State as mentioned in that subsection the Treasury may make regulations applying to that auditor or class of auditor and specifying such circumstances; and it shall be the duty of an auditor to whom the regulations made by the Treasury apply to communicate a matter to the Treasury or, as the case may be, the Secretary of State in the circumstances specified by the regulations.
The matters to be communicated to the Treasury or t h e Secretary of State in accordance with any such rules or guidance or regulations may include matters relating to persons other than the company.
No regulations shall be made under subsection (2) above unless a draft of them has been laid before and approved by a resolution of each House of Parliament.
If it appears to the Treasurythat an auditor has failed to comply with the duty mentioned in subsection (2) above, the Treasury may disqualify him from being the auditor of an insurance company or any class of insurance company to which Part II of this Act applies; but the Treasury may remove any disqualification imposed under this subsection if satisfied that the person in question will in future comply with that duty.
An insurance company to which this Part of this Act applies shall not appoint as auditor a person disqualified under subsection (5) above.
Subject to subsection (2) below, an insurance company shall forward by post or otherwise to any shareholder or policy holder who applies for one—
a printed copy of any of the documents last deposited by the company under subsection (1) . . . of section 22 above;
a copy of any document supplied to the Treasury under subsection (5) of that section which relates to any of those documents;
a copy of any report deposited with any of those documents under subsection (6) of that section.
If, in the opinion of the Treasury, the disclosure of information contained in— would be harmful to the business of the company or of any of its subsidiaries, the Treasury may dispense the company from complying with the obligation imposed by subsection (1) above to forward a copy of the document containing the information to a shareholder or policy holder who applies for it.
a statement or report annexed to a document prepared in pursuance of section 17(1) above by an insurance company; or
a statement prepared in pursuance of section 20 above by such a company,
A registered society shall, in addition to depositing with the Treasury, as required by section 22 above, . . . copies of each document to which subsection (1) of that section applies deposit, within the time limited by virtue of that section for depositing them, a copy with the appropriate registrar in the case of a society registered in Great Britain or with the registrar in the case of a society registered in Northern Ireland, being a copy signed by the like persons as those by whom the copies deposited under that section are required to be signed.
Subsection (6) of the said section 22 shall have effect in relation to the deposit by virtue of this section of accounts and balance sheets as it has effect in relation to the deposit by virtue of that section of accounts and balance sheets.
Section 71(1) of the Industrial and Provident Societies Act 1965 (which empowers the Treasury to make regulations respecting, among other things, the inspection of documents kept by the appropriate registrar under that Act) and section 97(1) of the Industrial and Provident Societies Act (Northern Ireland) 1969 (which confers corresponding powers on the Department of Commerce for Northern Ireland) shall have effect as if the reference to documents kept by the appropriate registrar under that Act of 1965 or, as the case may be, by the registrar under that Act of 1969 included a reference to documents deposited in pursuance of this section.
In this section
Every insurance company to which this Part of this Act applies which carries on business of a class or description prescribed for the purposes of this section shall prepare, at such intervals and for such periods as may be prescribed, a statement of its business of that class or description.
The form and contents of any statement under this section shall be such as may be prescribed.
Regulations may, as respects such matters contained in a statement under this section as may be prescribed, require there to be given by such persons as may be prescribed and to be annexed to the statement certificates of such matters and in such form as may be prescribed.
Five copies of any statement made under this section (with any certificate annexed thereto in pursuance of subsection (3) above) shall be deposited by the company with the Treasury within such period as may be prescribed, and one of those copies shall be a copy signed by the persons required to sign copies of statements made under section 20 above which are deposited under section 22 above.
The whole or any part of any document deposited under subsection (4) above may be deposited by the Treasury with the registrar of companies or with the registrar of companies in Northern Ireland or with both and may be published by the Treasury in such ways as they think appropriate.
Classes or descriptions of agreements or arrangements appearing to the Treasury as likely to be undesirable in the interests of policy holders may be prescribed for the purposes of this section, and every insurance company to which this Part of this Act applies or subordinate company within the meaning of section 31 below of any such company which enters into an agreement or arrangement of a class or description so prescribed shall, within such period as may be prescribed, furnish the Treasury with a statement containing such particulars of that agreement or arrangement as may be prescribed.
Different classes or descriptions of agreements or arrangements may be prescribed for the purposes of this section in relation to companies of different classes or descriptions.
The whole or any part of any statement furnished to the Treasury under this section may be deposited by them with the registrar of companies or with the registrar of companies in Northern Ireland or with both and may be published by the Treasury in such ways as they think appropriate.
An insurance company to which this Part of this Act applies shall keep in the United Kingdom proper accounts and records in respect of insurance business carried on in the United Kindgom.
whose head office is not in a member State; and
which is not a Swiss general insurance company,
Where an insurance company to which this Part of this Act applies carries on ordinary long-term insurance business or industrial assurance business or both of those kinds of insurance business—
the company shall maintain an account in respect of that business or, as the case may be, each of those kinds of business; and
the receipts of that business or, as the case may be, of each of those kinds of business shall be entered in the account maintained for that business and shall be carried to and form a separate insurance fund with an appropriate name.
An insurance company to which this Part of this Act applies which carries on ordinary long-term insurance business or industrial assurance business or both of those kinds of business shall maintain such accounting and other records as are necessary for identifying—
the assets representing the fund or funds maintained by the company under subsection (1)(b) above (but without necessarily distinguishing between the funds if more than one); and
the liabilities attributable to that business or, as the case may be, each of those kinds of business.
Subject to subsections (2) and (4) and section 55(3) below, the assets representing the fund or funds maintained by an insurance company in respect of its long term business—
shall be applicable only for the purposes of that business, and
shall not be transferred so as to be available for other purposes of the company except where the transfer constitutes reimbursement of expenditure borne by other assets (in the same or the last preceding financial year) in discharging liabilities wholly or partly attributable to long term business.
Where the value of the assets mentioned in subsection (1) above is shown, by an investigation to which section 18 above applies or which is made in pursuance of a requirement imposed under section 42 below, to exceed the amount of the liabilities attributable to the company’s long term business the restriction imposed by that subsection shall not apply to so much of those assets as represents the excess.
Subsection (2) above shall not authorise a transfer or other application of assets by reference to an actuarial investigation at any time after the date when the abstract of the actuary’s report of the investigation has been deposited with the Treasury in accordance with section 22(1) above or section 42(4) below.
Nothing in subsection (1) above shall preclude an insurance company from exchanging, at fair market value, assets representing a fund maintained by the company in respect of its long term business for other assets of the company.
Any mortgage or charge (including— shall be void to the extent to which it contravenes subsection (1) above.
a charge imposed by a court on the application of a judgment creditor,
in Scotland, a charge imposed by way of diligence, and
a charge imposed by the Enforcement of Judgments Office in Northern Ireland)
Money from a fund maintained by a company in respect of its long term business may not be used for the purposes of any other business of the company notwithstanding any arrangement for its subsequent repayment out of the receipts of that other business.
No insurance company to which this Part of this Act applies, and no company of which any such insurance company is a subsidiary, shall declare a dividend at any time when the value of the assets representing the fund or funds maintained by the insurance company in respect of its long term business, as determined in accordance with any applicable valuation regulations, is less than the amount of the liabilities attributable to that business as so determined.
Where in the case of an insurance company to which this Part of this Act applies— the company shall not by virtue of section 29(2) above transfer or otherwise apply assets representing any part of the surplus mentioned in paragraph (a) above unless the company has either allocated to policy holders of that category in respect of that surplus an amount not less than the relevant minimum, or complied with the requirements of subsection (3) below and made to those policy holders any allocation of which notice is given under paragraph (a) of that subsection.
there is an established surplus in which long term policy holders of any category are eligible to participate, and
an amount has been allocated to policy holders of that category in respect of a previously established surplus in which policy holders of that category were eligible to participate,
Subject to subsections (6) and (7) below, the relevant minimum is the amount represented by the formula where— a is the last previously established surplus in respect of which an amount was allocated to policy holders of the category in question; b is the amount so allocated; and c is the surplus referred to in subsection (1)(a).
The requirements of this subsection are that the company— and that a period of not less than fifty-six days has elapsed since the date, or the last date, on which the company has published the statement mentioned in paragraph (b) above as required by or under that paragraph.
has served on the Treasury a written notice stating that it proposes to make no allocation or an allocation of an amount (specifying it) which is smaller than the relevant minimum; and
has published a statement approved by the Treasury in the London, Edinburgh and Belfast Gazettes and in such other ways as the Treasury may have directed,
In this section “established surplus” means an excess of assets representing the whole or a particular part of the fund or funds maintained by the company in respect of its long term business over the liabilities, or a particular part of the liabilities, of the company attributable to that business as shown by an investigation to which section 18 above applies or which is made in pursuance of a requirement imposed under section 42 below.
For the purposes of this section an amount is allocated to policy holders if, and only if— and the amount of the allocation is, in a case within paragraph (a) above, the amount of the payments and, in a case within paragraph (b) above, the amount of the liabilities assumed by the company in consequence of the declaration or reduction.
bonus payments are made to them; or
reversionary bonuses are declared in their favour or a reduction is made in the premiums payable by them;
For the purposes of this section the amount of any bonus payments made in anticipation of an established surplus shall be treated as an amount allocated in respect of the next established surplus in respect of which an amount is allocated to eligible policy holders generally; and for the purposes of sub-section (2) above the amount of any surplus in respect of which such an allocation is made shall be treated as increased by the amount of any such payments.
Subsection (1) above shall not authorise the application for purposes other than those mentioned in section 29(1) above of assets representing any part of the surplus mentioned in sub-section (1)(a) above which the company has decided to carry forward unappropriated; and for the purposes of subsection (2) above the amount of any surplus shall be treated as reduced by any part thereof which the company has decided to carry forward as aforesaid.
For the purposes of subsection (1) above policy holders shall be taken to be eligible to participate in an established surplus in any case where they would be eligible to participate in a later established surplus representing it if it were carried forward unappropriated.
Neither an insurance company to which this Part of this Act applies which carries on long term business nor a subordinate company of any such insurance company shall enter into a transaction to which this section applies—
at a time when the aggregate of the value of the assets and the amount of the liabilities attributable to such transactions already entered into by the insurance company and its subordinate companies exceeds the prescribed percentage of the total amount standing to the credit of the insurance company’s long term funds; or
at any other time when the aggregate of the value of those assets and the amount of those liabilities would exceed that percentage if the transaction were entered into.
This section applies to any transaction entered into by any such insurance company as is mentioned in subsection (1) above (whether or not itself a subordinate company of another company), being a transaction under which— if the right to receive the money would constitute a long term asset of the insurance company, the acquisition is made out of its long term funds or the liability would fall to be discharged out of those funds, as the case may be.
a person connected with the insurance company will owe it money; or
the insurance company acquires shares in a company which is a person connected with it; or
the insurance company undertakes a liability to meet an obligation of a person connected with it or to help such a person to meet an obligation,
Without prejudice to subsection (2) above, this section applies to any transaction entered into by a subordinate company of any such insurance company as is mentioned in sub-section (1) above, being a transaction under which— but where the subordinate company is itself such an insurance company as is mentioned in subsection (1) above this section shall not by virtue of this subsection apply to any such transaction if the right to receive the money would constitute a long term asset of the subordinate company, the acquisition is made out of its long term funds or the liability would fall to be discharged out of those funds, as the case may be.
the insurance company or a person connected with it will owe money to the subordinate company (not being money owed by the insurance company which can be properly paid out of its long term funds); or
the subordinate company acquires shares in the insurance company or in a company which is a person connected with the insurance company; or
the subordinate company undertakes a liability to meet an obligation of the insurance company or of a person connected with that company or to help the insurance company or such a person to meet an obligation;
In this section and for the purposes of this subsection share capital held for any person by a nominee shall (except where that person is concerned only in a fiduciary capacity) be treated as held by that person, and share capital held by a person in a fiduciary capacity or by way of security shall be treated as not held by that person.
a company having equity share capital some or all of which is held by the insurance company as part of its long term assets where the share capital so held by the insurance company—
amounts to more than half in nominal value of that share capital; and
confers on the insurance company the power to appoint or remove the holders of all or a majority of the directorships of the company whose share capital is held and more than one half of the voting power at any general meeting of that company;
a company having equity share capital some or all of which is held by another company which is itself a subordinate company of the insurance company where the share capital held by that other company—
amounts to more than half in nominal value of that share capital; and
confers on that other company the power to appoint or remove the holders of all or a majority of the directorships of the company whose share capital is held and more than one half of the voting power at any general meeting of that company;
For the purposes of this section a person is connected with any such insurance company as is mentioned in subsection (1) above if that person is not a subordinate company of the insurance company but— . . ..
controls, or is a partner of a person who controls, the insurance company; or
being a company, is controlled by the insurance company or by another person who also controls the insurance company; or
is a director of the insurance company or the wife or husband or a minor son or daughter of such a director;
For the purposes of this section the value of any assets and the amount of any liabilities shall be determined in accordance with any applicable valuation regulations.
For the purposes of subsection (5) above a person controls a company if he is— and for the purposes of this subsection 'associate’ shall be construed in accordance with section 96C(4) below as it has effect for the purpose of determining for the purposes of this Act whether any person is a controller of an insurance company other than a UK company.
a person in accordance with whose directions or instructions the directors of the insurance company or of a body corporate of which it is a subsidiary are accustomed to act; or
person who either alone or with any associate or associates is entitled to exercise, or control the exercise of, 15 per cent. or more of the voting power at any general meeting of the insurance company or of a body corporate of which it is a subsidiary;
In this section— “company” (except in the expression “insurance company”) includes any body corporate; “equity share capital” means, in relation to a company, its issued share capital excluding any part thereof which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution; “liability” includes a contingent liability; “long term assets” and “long term funds”, in relation to an insurance company, mean respectively assets representing the fund or funds maintained by the company in respect of its long term business and that fund or those funds; “the prescribed percentage” means 5 per cent. or such greater percentage as may from time to time be prescribed for the purposes of this section by regulations; “share” has the same meaning as in the Companies Act or the Companies (Northern Ireland) Order 1986; “son” includes step-son, “daughter” includes step-daughter, and “minor”, in relation to Scotland, includes pupil and, (without prejudice to section 39(6) of the Adoption Act 1976 and section 39(4) of the Adoption (Scotland) Act 1978) in relation to Northern Ireland, “son” includes step-son and adopted son and “daughter” includes step-daughter and adopted daughter.
The requirements of this subsection are that—
the company or member (“the insurer”) sends by post to the other party to the contract, at or before the time when it is entered into, a statutory notice in relation to the contract; or
in the case of an EC contract, a representative of the insurer gives such a notice to that party at that time.
Where, in the case of an EC contract, a statutory notice is sent to the other party to the contract before the time when it is entered into, the insurer shall, not later than 14 days after the contract has become binding, inform that party in writing that it has done so.
the insurer is a company whose head office is in a member State or a member of Lloyd’s; and
the other party is habitually resident in the United Kingdom;
“insurance company” means a person or body of persons (whether incorporated or not) carrying on insurance business;
where the policy holder is an individual, the State in which he had his habitual residence at that date;
where the policy holder is not an individual, the State in which the establishment of the policy holder to which the commitment relates was situated at that date,
“vessel” includes hovercraft.
This section shall not be construed as making any transaction unenforceable as between the parties thereto or as otherwise making unenforceable any rights or liabilities in respect of property.
An insurance company to which this Part of this Act applies which carries on long term business in the United Kingdom shall secure that adequate arrangements are in force for securing that transactions affecting assets of the company (other than transactions outside its control) do not operate unfairly between the section 28 fund or funds and the other assets of the company or, in a case where the company has more than one identified fund, between those funds.
In this section—
Every insurance company to which this Part of this Act applies— shall maintain a margin of solvency of such amount as may be prescribed by or determined in accordance with regulations made for the purposes of this section.
whose head office is in the United Kingdom, or
whose business in the United Kingdom is restricted to reinsurance,
Subject to subsection (3) below, every insurance company to which this Part of this Act applies whose head office is not in a member State shall maintain— of such amounts as may be prescribed by or determined in accordance with regulations made for the purposes of this section.
a margin of solvency, and
a United Kingdom margin of solvency,
Subsection (2) above shall not apply to an insurance company if its business in the United Kingdom is restricted to re-insurance or if it is a Swiss general insurance companyor if section 9(2) above applies to it; but an insurance company that has made a deposit in the United Kingdom in accordance with section 9(2)(b) above shall maintain— of such amounts as may be prescribed by or determined in accordance with regulations made for the purposes of this section.
a margin of solvency, and
a EEA margin of solvency,
An insurance company that fails to comply with subsection (1), (2) or (3) above—
shall at the request of the Treasurysubmit to thema plan for the restoration of a sound financial position;
shall propose modifications to the plan (or the plan as previously modified) if the Treasuryconsider it inadequate;
shall give effect to any plan accepted by the Treasury as adequate.
For the purposes of this Act—
the margin of solvency of an insurance company is the excess of the value of its assets over the amount of its liabilities, that value and amount being determined in accordance with any applicable valuation regulations;
the United Kingdom margin of solvency of an insurance company is its margin of solvency computed by reference to the assets and liabilities of the business carried on by the company in the United Kingdom;
the EEA margin of solvency of an insurance company is its margin of solvency computed by reference to the assets and liabilities of the business carried on by the company in EEA States (taken together).
In the case of an insurance company that carries on both long term and general business, subsections (1), (2) and (3) above shall have effect as if— were requirements to maintain separate margins in respect of the two kinds of business (and accordingly as if the references in subsection (5) to assets and liabilities were references to assets and liabilities relating to the kind of business in question).
the requirements to maintain a margin of solvency, and
where the company carries on both kinds of business in the United Kingdom, the requirement to maintain a United Kingdom margin of solvency, and
where the company carries on both kinds of business in EEA States (taken together), the requirement to maintain a EEA margin of solvency,
In applying subsection (5) above, the amount of the company’s liabilities shall be taken to be increased by the amount of any reserve maintained under section 34A below.
If— falls below such amount as may be prescribed by or determined in accordance with regulations made for the purposes of this section, the company shall at the request of the Treasury submit to them a short-term financial scheme.
the margin of solvency of an insurance company to which section 32(1) above applies, or
the margin of solvency or United Kingdom margin of solvency of an insurance company to which section 32(2) above applies, or
the margin of solvency or EEA margin of solvency of an insurance company to which section 32(3) above applies,
An insurance company that has submitted a scheme to the Treasury under subsection (1) above shall propose modifications to the scheme (or the scheme as previously modified) if the Treasuryconsider it inadequate, and shall give effect to any scheme accepted by the Treasury as adequate.
Where a company is required by virtue of section 32(6) above to maintain separate margins in respect of long term and general business, subsection (1) above shall have effect as if any reference to the margin of solvency, the United Kingdom margin of solvency or the EEA margin of solvency of the company were a reference to the margin in respect of either of the two kinds of business.
whose head office is in an EEA State other than the United Kingdom, or
which has in accordance with section 9(2) above made a deposit in such a State, or
or
which is a Swiss general insurance company,
In the case of a company that carries on in the United Kingdom both long term and general business subsection (1) above shall have effect separately in relation to the assets and liabilities of the two kinds of business.
Regulations may make provision for securing that, in such circumstances and to such extent as may be prescribed, the assets of an insurance company to which this Part of this Act applies are maintained in such places as may be prescribed and the nature of the assets is appropriate in relation to the currency in which the liabilities of the company are or may be required to be met.
Regulations made for the purposes specified in subsection (1) above shall not have effect in relation to the assets of an insurance company whose head office is in an EFTA Stateor which is a Swiss general insurance companyso far as their value exceeds the amount of the liabilities of the business carried on by the company in the United Kingdom, that value and amount being determined in accordance with any applicable valuation regulations.
Every insurance company to which this section applies which carries on general business of a prescribed description shall maintain, in accordance with regulations made for the purposes of this section, a reserve (in this section referred to as an “equalisation reserve”) in respect of its general business of that description.
Subject to subsection (3) below, this section applies to any insurance company to which this Part of this Act applies—
whose head office is in the United Kingdom;
whose business in the United Kingdom is restricted to reinsurance; or
whose head office is not in a member State.
This section does not apply to an insurance company of a description prescribed for the purposes of this subsection.
Without prejudice to the generality of subsection (1) above, regulations made for the purposes of this section may make provision—
as to the circumstances in which, and times at which, amounts are to be placed to, or taken from, an equalisation reserve;
as to the determination of the amounts to be so placed or taken; and
as to such other matters incidental to the maintenance of an equalisation reserve as the Treasury consider expedient.
A UK company shall secure—
that its liabilities under contracts of insurance entered into by it, other than liabilities in respect of linked benefits, are covered by assets of appropriate safety, yield and marketability having regard to the classes of business carried on; and
without prejudice to the generality of paragraph (a) above, that its investments are appropriately diversified and adequately spread and that excessive reliance is not placed on investments of any particular category or description.
A UK company which has entered into a linked long term contract shall secure that, as far as practicable, its liabilities under the contract in respect of linked benefits are covered as follows—
if those benefits are linked to the value of units in an undertaking for collective investments in transferable securities or to the value of assets contained in an internal fund, by those units or assets;
if those benefits are linked to a share index or other reference value not mentioned in paragraph (a) above, by units which represent that reference value, or by assets of appropriate safety and marketability which correspond, as nearly as may be, to the assets on which that reference value is based.
A UK company which has entered into a linked long term contract shall also secure that such of its liabilities under the contract in respect of linked benefits as are not covered by contracts of reinsurance are covered by assets of a description prescribed by regulations under section 78 below.
In this section— 'linked benefits’, in relation to a contract of insurance, means benefits payable to the policy holder which are determined by reference to the value of or the income from property of any description (whether or not specified in the contract) or by reference to fluctuations in, or in an index of, the value of property of any description (whether or not so specified); 'linked long term contract’ means (subject to subsection (5) below) a contract of insurance—
the effecting of which constitutes the carrying on of long term business; and
under which linked benefits are payable to the policy holder.
In subsection (3) above 'linked long term contract’ does not include a contract the effecting of which constitutes the carrying on of long term business of class VII(a).
Before entering into a contract of insurance the effecting of which constitutes the carrying on of long term business, a UK company shall satisfy itself that the aggregate of— will be sufficient, on reasonable actuarial assumptions, to meet all commitments arising under or in connection with the contract.
the premiums payable under the contract and the income which will be derived from them; and
any other resources of the company which will be available for the purpose,
A UK company shall not rely on other resources for the purposes of subsection (1) above in such a way as to jeopardise the solvency of the company in the long term.
A contract entered into after the coming into force of this section by an insurance company to which this Part of this Act applies shall be void if—
it is a contract under which the company undertakes a liability the amount, or maximum amount, of which is uncertain at the time when the contract is entered into; and
it is not a contract of insurance or a contract of a class or description exempted by regulations from the operation of this section.
The powers conferred on the Treasury by sections 38 to 45 below shall be exercisable in relation to any insurance company to which this Part of this Act applies and shall be exercisable in accordance with the following provisions of this section.
The powers conferred by sections 38 and 41 to 45 below shall be exercisable on any of the following grounds—
that the Treasuryconsider the exercise of the power to be desirable for protecting policy holders or potential policy holders of the company against the risk that the company may be unable to meet its liabilities or, in the case of long term business, to fulfil the reasonable expectations of policy holders or potential policy holders;
that it appears to the Treasury—
that the company has failed to satisfy an obligation to which it is or was subject by virtue of this Act or any enactment repealed by this Act or by the Insurance Companies Act 1974;
that a company of which it is a subsidiary has failed to satisfy an obligation to which it is or was subject by virtue of section 29(7) above or section 24(6) of the Insurance Companies Act 1974 or section 8(6) of the Insurance Companies Amendment Act 1973; or
that the company has failed to satisfy an obligation to which it is subject by virtue of any provision of the law of another member State giving effect to the general or long term insurance Directives;
that a subordinate company within the meaning of section 31 above of the company has failed to satisfy an obligation to which it is or was subject by virtue of that section or section 26 above or section 22 or 26 of the Insurance Companies Act 1974 or of section 6 or 10 of the said Act of 1973;
that the company is a UK or non-EC company and it appears to the Treasurythat any of the criteria of sound and prudent management is not or has not been or may not be or may not have been fulfilled with respect to the company;
that it appears to the Treasurythat the company has furnished misleading or inaccurate information to the Treasury under or for the purposes of any provision of this Act or any enactment repealed by this Act or by the Insurance Companies Act 1974;
that the Treasury are not satisfied that adequate arrangements are in force or will be made for the reinsurance of risks against which persons are insured by the company in the course of carrying on business, being risks of a class in the case of which the Treasury consider that such arrangements are required;
that there exists a ground on which the Treasury would be prohibited, by section 5(1B) or (1C), 7, 8 or 9 above, from issuing an authorisation with respect to the company if it were applied for;
that it appears to him that there has been a substantial departure from any proposal or forecast submitted to the Treasury by the company in accordance with section 5 above;
that the company has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, an EFTA State where it has its head office or an EEA State where it has in accordance with section 9(2) above made a deposit.
that the company is a Swiss general insurance company which has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, in Switzerland.
The powers conferred on the Treasury by sections 39 and 40 and 40Abelow shall not be exercisable in relation to an insurance company except—
where the Treasuryhavegiven (and not revoked) a direction in respect of the company under section 11 or 12Aabove or section 11 of the Insurance Companies Act 1981; or
on the ground that it appears to the Treasury that the company has failed to satisfy an obligation to which it is or was subject by virtue of section 33, 34 or 35 above or section 26B, 26C or 26D of the Insurance Companies Act 1974; or
on the ground that a submission by the company to the Treasury of an account or statement specifies, as the amount of any liabilities of the company, an amount appearing to the Treasury to have been determined otherwise than in accordance with valuation regulations or, where no such regulations are applicable, generally accepted accounting concepts, bases and policies or other generally accepted methods appropriate for insurance companies. or
on the grounds that the company is a UK or non-EC company and it appears to the Treasury that the company has failed to satisfy an obligation to which it is or was subject by virtue of section 32 or 35A above.
The power conferred on the Treasury by sub-sections (2) to (4) of section 44 below shall also be exercisable on the ground that the Treasury considerthe exercise of that power to be desirable in the general interests of persons who are or may become policy holders of insurance companies to which this Part of this Act applies, and references in those subsections to a company include references to any body (whether incorporated or not) which appears to the Treasury to be an insurance company to which this Part of this Act applies.
Any power conferred on the Treasury by section 38, 41, 42, 44(1) or 45 below shall also be exercisable, whether or not any of the grounds specified in subsections (2) and (4) above exists, in relation to— if that power is exercised before the expiration of the period of five years beginning with the date on which the authorisation was issued or that person became such a controller or acquired such a holding, as the case may be; but no requirement imposed by virtue of this sub-section shall continue in force after the expiration of the period of ten years beginning with that date.
any body in respect of which the Treasuryhave issued an authorisation;
any insurance company to which this Part of this Act applies in the case of which a person has become a controller within the meaning of section 96C(1)(c), (d) or (e) below,
any UK company in a case where a person has notified an intention to acquire a notifiable holding in accordance with section 61A(1) below,
The powers conferred on the Treasury by sections 43A and 44 below shall be exercisable in respect of a UK or non-EC company to obtain information to enable the Treasury to perform their functions under this Act.
The power conferred on the Treasury by section 45 below shall not be exercisable except in a case in which they consider that the purpose mentioned in that section cannot be appropriately achieved by the exercise of the powers conferred by sections 38 to 44 below or by the exercise of those powers alone.
The Treasury shall, when exercising any power conferred by sections 38 to 45 below, state the ground on which they are exercising it or, if they are exercising it by virtue of subsection (5) above, that they are so exercising it; but this subsection shall not apply where the Treasuryhave given notice under section 46 below of the proposed exercise of the power.
The grounds specified in subsections (2)(b) to (g) and (4) above are without prejudice to the ground specified in sub-section (2)(a) above.
This section shall apply in relation to the powers conferred on the Treasury by section 44 below as it applies in relation to the powers conferred by that section on the Treasury, except that—
in subsection (2)—
the references in paragraphs (a), (aa) and (b) to the Treasury shall be construed as references to the Secretary of State,
in paragraph (c), the first reference to the Treasury shall be construed as a reference to the Secretary of State, and
paragraphs (d) to (f) shall not apply;
in subsections (4) and (4A), the references to the Treasury shall be construed as references to the Secretary of State;
subsection (5) shall not apply; and
in subsection (7) the references to the Treasury shall be construed as references to the Secretary of State; and the words from “but this” to the end shall not apply.
The Treasury may require a company—
not to make investments of a specified class or description;
to realise, before the expiration of a specified period (or such longer period as the Treasury may allow), the whole or a specified proportion of investments of a specified class or description held by the company when the requirement is imposed.
A requirement under this section may be framed so as to apply only to investments which are (or, if made, would be) assets representing a fund or funds maintained by the company in respect of its long term business or so as to apply only to other investments.
A requirement under this section shall not apply to the assets of a company so far as their value exceeds— that value and amount being determined in accordance with any applicable valuation regulations.
in the case of a company the amount of the liabilities of the business carried on by the company in the United Kingdom;
whose head office is in an EFTA State, or
which has in accordance with section 9(2) above made a deposit in an EEA State other than the United Kingdom, or
which is a Swiss general insurance company,
in any other case, the amount of the liabilities of the company;
The Treasurymay require—
in the case of a UK company, that assets of the company of a value which at any time is equal to the whole or a specified proportion of the amount of its EC liabilities shall be maintained in the European Community; and
in the case of an insurance company which is not a UK company, that assets of a value which at any time is equal to the whole or a specified proportion of the amount of its domestic liabilities shall be maintained in the United Kingdom.
The Treasury may direct that for the purposes of any requirement under this section assets of a specified class or description shall or shall not be treated
in the case of a UK company, as assets maintained in the European Community; and
in the case of an insurance company which is not a UK company, as assets maintained in the United Kingdom
The Treasury may direct that for the purposes of any requirement under this section the EC or domestic liabilities of a company, or such liabilities of any class or description, shall be taken to be the net liabilities after deducting any part of them which is reinsured.
A requirement imposed under this section may be framed so as to come into effect immediately after the day on which it is imposed or so as to come into effect after the expiration of a specified period (or such longer period as the Treasury may allow).
In this section—
any reference to an EC liability is a reference to a liability of the business carried on by the company in the European Community; and
any reference to a domestic liability is a reference to a liability of the business carried on by the company in the United Kingdom.
Subject to subsection (7) below, in computing the amount of any liabilities for the purposes of this section all contingent and prospective liabilities shall be taken into account but not liabilities in respect of share capital.
For the purposes of this section the value of any assets and the amount of any liabilities shall be determined in accordance with any applicable valuation regulations; and subsection (6) above shall have effect subject to any such regulations made by virtue of section 90(2) below.
The Treasury may, in the case of a company on which a requirement has been imposed under section 39 above or under section 31 of the Insurance Companies Act 1974, impose an additional requirement that the whole or a specified proportion of the assets to which the requirement under that section applies shall be held by a person approved by the Treasuryfor the purposes of the requirement under this section as trustee for the company.
Section 39(4) above shall apply also to a requirement under this section.
Assets of a company held by a person as trustee for a company shall be taken to be held by him in compliance with a requirement imposed under this section if, and only if, they are assets in whose case the company has given him written notice that they are to be held by him in compliance with such a requirement or they are assets into which assets in whose case the company has given him such written notice have, by any transaction or series of transactions, been transposed by him on the instructions of the company.
No assets held by a person as trustee for a company in compliance with a requirement imposed under this section shall, so long as the requirement is in force, be released except with the consent of the Treasury.
If a mortgage or charge is created by a company at a time when there is in force a requirement imposed on the company by virtue of this section, being a mortgage or charge conferring a security on any assets which are held by a person as trustee for the company in compliance with the requirement, the mortgage or charge shall, to the extent it confers such a security, be void against the liquidator and any creditor of the company.
The Treasurymay require a company to take all such steps as are requisite to secure that the aggregate of the premiums— shall not exceed a specified amount.
to be received by the company in consideration of the undertaking by it during a specified period of liabilities in the course of carrying on general business or any specified part of such business; or
to be received by it in a specified period in consideration of the undertaking by the company during that period of liabilities in the course of carrying on long term business or any specified part of such business.
A requirement under this section may apply either to the aggregate premiums to be received as mentioned in subsection (1) above or to the aggregate of those premiums after deducting any premiums payable by the company for reinsuring the liabilities in consideration of which the first-mentioned premiums are receivable.
If on the application of the Treasury it appears to the court that any of the grounds set out in section 37(3) above are established in relation to a UK company, the court may grant an injunction restraining, or in Scotland an interdict prohibiting, the company from disposing of or otherwise dealing with any of its assets to the value of its EC liabilities.
Where a court makes an order under subsection (1) above, it may by subsequent orders make provision for such incidental, consequential and supplementary matters as are necessary to enable the Treasury to perform their functions under this Act.
The jurisdiction conferred by this section shall be exercisable by the High Court and the Court of Session.
In this section “EC liabilities” has the same meaning as in section 39 above.
The Treasury may require a company which carries on long term business—
to cause the person who for the time being is its actuary under section 19(1) above or any corresponding enactment previously in force to make an investigation into its financial condition in respect of that business, or any specified part of that business, as at a specified date; and
to cause an abstract of that person’s report of the investigation to be made; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of any investigation made in pursuance of a requirement under this section the value of any assets and the amount of any liabilities shall be determined in accordance with any applicable valuation regulations.
The form and contents of any abstract . . . made in pursuance of a requirement under this section shall be the same as for an abstract . . .made under section 18 above and subsection (2) of that section shall apply to an investigation made in pursuance of this section as it applies to an investigation to which subsection (1)(b) of that section relates.
The required copies of any abstract . . . made in pursuance of a requirement under this section shall be deposited by the company with the Treasuryon or before such date as they may specify, . . ..
In subsection (4) above, the reference to the required copies, in relation to any abstract, is to —
three copies of the abstract, or
one printed copy of the abstract and one copy of it in a form approved for the purposes of this subsection by the Treasury.
Where copies of any abstract are required under subsection (4) above to be deposited with the Treasury, one of the copies or, as the case may be, the printed copy shall be signed by the person required to sign copies of abstracts made under section 18 above which are deposited under section 22 above.
The Treasury may require any documents which under section 22 above are required to be deposited with them by a company within the period specified in that section to be deposited with them on or before a specified date before the end of that period, being a date not earlier than three months before the end of that period and not earlier than one month after the date on which the requirement is imposed.
The Treasury may require any statement which under section 25 above is required to be deposited with them by a company within a period prescribed under that section to be deposited with them on or before a specified date before the end of that period.
The Treasurymay require a company to furnish them, at specified times or intervals, with information about specified matters being, if the Treasury so require, information verified in a specified manner.
The Treasury may—
require a company to produce, at such time and place as the Treasury may specify, such documents as the Treasury may specify; or
authorise any person, on producing (if required so to do) evidence of his authority, to require a company to produce to him forthwith any documents which that person may specify.
Where by virtue of subsection (2) above the Treasuryhave or a person authorised by them has power to require the production of any documents from any company, the Treasury or that person shall have the like power to require production of those documents from any person who appears to them or, as the case may be, him to be in possession of them; but where any person from whom such production is required claims a lien on documents produced by him, the production shall be without prejudice to the lien.
Subsections (1) and (2) above shall have effect as if any reference to a company included a reference to any person who is or has been a controller, officer, agent or employee of a UK or non-EC company and to any body corporate which is or has been—
a parent undertaking or subsidiary undertaking of such a company;
a subsidiary undertaking of a parent undertaking of such a company; or
a parent undertaking of a subsidiary undertaking of such a company.
Any power conferred by or by virtue of subsections (2), (2A) and (3)above to require a company or other person to produce documents shall include power—
if the documents are produced—
to take copies of them or extracts from them; and
to require that person, or any other person who is a present or past director, controller or auditor of, or is or was at any time employed by, the company in question, to provide an explanation of any of them;
if the documents are not produced, to require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.
The Treasury may require a UK or non-EC company to furnish them, at a specified time, with a report by a specified person, being an actuary or accountant or other person with relevant professional skills, on any matter about which the Treasuryhave required, or could require, the company to provide information under subsection (1) above.
A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him.
In this section “document” includes information recorded in any form; and, in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of the information in legible form.
Any person authorised by the Treasury may, on producing if required evidence of his authority, enter any premises occupied by— for the purpose of obtaining the information or documents required to be furnished or produced and exercising the powers conferred by subsection (4) above.
a UK or non-EC company on which a requirement under subsection (1) or (2) above has been imposed; or
a person on whom or a body on which such a requirement has been imposed by virtue of subsection (2A) above,
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies— by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
no evidence relating to the statement may be adduced, and
no question relating to it may be asked,
Subsection (5A) above applies to any offence other than—
an offence under section 71(1)(b), (3) or (4) below;
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
This section shall apply to the Secretary of State and persons authorised by him as it applies to the Treasury and persons authorised by them; and for this purpose references in this section to the Treasury shall be construed as references to the Secretary of State.
The Treasury may require a company to take such action as appears to the Treasury to be appropriate—
for the purpose of protecting policy holders or potential policy holders of the company against the risk that the company may be unable to meet its liabilities or, in the case of long term business, to fulfil the reasonable expectations of policy holders or potential policy holders; or
in the case of a UK or non-EC company, for the purpose of ensuring that the criteria of sound and prudent management are fulfilled with respect to the company.
The power conferred by this section shall not be exercised in such a way as to restrict the company’s freedom to dispose of its assets except where it is exercised—
after the Treasuryhavegiven a direction under section 11 or 12A above or section 11 of the Insurance Companies Act 1981; or
on the ground that it appears to the Treasury that the company has failed to satisfy an obligation to which it is or was subject by virtue of section 33, 34 or 35 above or section 26B, 26C or 26D of the Insurance Companies Act 1974; or
where the ground for intervention arises out of the submission by the company to the Treasury of an account or statement specifying, as the amount of any liabilities of the company, an amount appearing to the Treasury to have been determined otherwise than in accordance with valuation regulations or, where no such regulations are applicable, generally accepted accounting concepts, bases and policies or other generally accepted methods appropriate for insurance companies or.
on the grounds that the company is a UK or non-EC company and it appears to the Treasury that the company has failed to satisfy an obligation to which it is or was subject by virtue of section 32 or 35A above.
The Treasury may appoint one or more competent persons to make an investigation into and report to the Treasury on— and the Treasury shall give written notice of any such appointment to the company.
whether the criteria of sound and prudent management are fulfilled with respect to any insurance company which is a UK or non-EC company ; or
where a person has notified the Treasury under section 60 or 61 below of his intention to become a controller of any such company, whether those criteria would be so fulfilled if that person became such a controller;
It shall be the duty of every person who is or was a director, manager, controller, agent, actuary, auditor or solicitor of a company which is under investigation— and those persons may take copies of or extracts from any documents produced to them under paragraph (a) above.
to produce to the persons appointed under subsection (1) above, within such time and at such place as they may require, all documents relating to the company which are in his custody or power;
to attend before the persons so appointed at such time and place as they may require; and
otherwise to give those persons all assistance in connection with the investigation which he is reasonably able to give;
For the purpose of exercising his powers under this section a person appointed under subsection (1) above may enter any premises occupied by a company which is being investigated by him under this section; but he shall not do so without prior notice in writing unless he has reasonable cause to believe that if such a notice were given any documents whose production could be required would be removed, tampered with or destroyed.
A person exercising powers by virtue of an appointment under this section shall, if so required, produce evidence of his authority.
A statement made by a person in compliance with a requirement imposed by virtue of this section may be used in evidence against him.
However, in criminal proceedings in which that person is charged with an offence to which this subsection applies— by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
no evidence relating to the statement may be adduced, and
no question relating to it may be asked,
Subsection (6) above applies to any offence other than—
an offence under section 71(1)(b) or (3) below;
an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or
an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
Before exercising with respect to a company any power or powers conferred by sections 38 to 45 above on the ground that theywould be prohibited from issuing an authorisation to the company because of the unfitness of a person for the position held by him (not being that of controller of the company), the Treasury shall serve on that person a written notice stating—
that the Treasuryare considering exercising a power or powers by those sections and the ground on which they are considering the exercise of the power or powers; and
that the person on whom the notice is served may, within the period of one month from the date of service of the notice, make written representations to the Treasury and, if that person so requests, oral representations to an officer of the Treasury appointed for the purpose by the Treasury.
Unless the Treasury , after considering any representations made in accordance with subsection (1) above by the person served with a notice under that subsection, decide not to exercise the power or powers in relation to which the notice was served, they shall before exercising the power or powers serve on the company a written notice—
containing the matters mentioned in paragraphs (a) and (b) of that subsection, taking references to the person there mentioned as references to the company; and
specifying the power or powers which they propose to exercise and, if the power or one of them is that conferred by section 45 above, specifying the manner of its proposed exercise.
A notice under this section shall give particulars of the ground on which the Treasuryare considering the exercise of the power or powers in question.
Where representations are made in accordance with this section the Treasury shall take them into consideration before exercising the power or powers in question.
A requirement imposed on a company in the exercise of any power or powers to which this section applies may be framed so as to come into effect after the expiration of a specified period (or such longer period as the Treasury may allow) unless before the expiration of that period the person whose fitness is in question has ceased to hold the position concerned.
The Treasury may rescind a requirement imposed under sections 38 to 45 above if it appears to themthat it is no longer necessary for the requirement to continue in force, and may from time to time vary any such requirement.
No requirement imposed by virtue of subsection (5) of section 37 above shall be varied after the expiration of the period of five years mentioned in that subsection except in a manner which relaxes that requirement.
The Secretary of State may rescind a requirement imposed by him under section 44 above if it appears to him that it is no longer necessary for the requirement to continue in force, and may from time to time vary any such requirement.
Where a requirement is imposed under section 40 above or any such requirement is rescinded or varied the Treasury shall forthwith serve— a written notice stating that fact and, in the case of a notice of the imposition of a requirement, setting out the terms of the requirement, in the case of a notice of the rescission of a requirement, identifying the requirement and, in the case of a notice of a variation of a requirement, identifying the requirement and setting out the terms of the variation.
except where paragraph (b) below applies, on the registrar of companies or on the registrar of companies in Northern Ireland or on both;
if the requirement is imposed on a registered society, on the appropriate registrar as defined by section 73(1) of the Industrial and Provident Societies Act 1965 in the case of a society registered in Great Britain or on the registrar as defined by section 101(1) of the Industrial and Provident Societies Act (Northern Ireland) 1969 in the case of a society registered in Northern Ireland;
A notice served in pursuance of subsection (3) above on the registrar of companies or the registrar of companies in Northern Ireland shall be open to inspection, and a copy thereof may be procured by any person on payment of such fee as the Secretary of State or, in the case of a notice served on the registrar of companies in Northern Ireland, the Department of Commerce for Northern Ireland may direct; and every document purporting to be certified by the registrar of companies or the registrar of companies in Northern Ireland to be a copy of such a notice shall be deemed to be a copy of that notice and shall be received in evidence as if it were the original notice unless some variation between it and the original is proved.
Section 71(1) of the said Act of 1965 (which empowers the Treasury to make regulations respecting, among other things, the inspection of documents kept by the appropriate registrar under that Act) and section 97(1) of the said Act of 1969 (which confers corresponding powers on the Department of Commerce for Northern Ireland) shall have effect as if the reference to documents so kept included a reference to notices served in pursuance of subsection (3) above on the appropriate registrar or, as the case may be, on the registrar.
A justice of the peace may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Treasury, or by a person authorised to exercise powers under section 44 above, that there are reasonable grounds for believing that there are on any premises documents whose production has been required under section 44(2) to (4) above and which have not been produced in compliance with the requirement.
A justice of the peace may also issue a warrant under this section if satisfied on information on oath given by or on behalf of the Treasury, or by a person authorised to exercise powers under section 44 above—
that there are reasonable grounds for believing that an offence has been committed for which the penalty on conviction on indictment is imprisonment for a term of not less than two years and that there are on any premises documents relating to whether the offence has been committed,
that the Treasuryor, as the case may be, the authorised person havepower to require the production of the documents under section 44(2) to (4) above, and
that there are reasonable grounds for believing that if production was so required the documents would not be produced but would be removed from the premises, hidden, tampered with or destroyed.
A warrant under this section shall authorise a constable, together with any other person named in it and any other constables—
to enter the premises specified in the information, using such force as is reasonably necessary for the purpose;
to search the premises and take possession of any documents appearing to be such documents as are mentioned in subsection (1) or (2), as the case may be, or to take, in relation to any such documents, any other steps which may appear to be necessary for preserving them or preventing interference with them;
to take copies of any such documents; and
to require any person named in the warrant to provide an explanation of them or to state where they may be found.
f in the case of a warrant under subsection (2) the justice of the peace is satisfied on information on oath that there are reasonable grounds for believing that there are also on the premises other documents relevant to the investigation, the warrant shall also authorise the actions mentioned in subsection (3) to be taken in relation to such documents.
A warrant under this section shall continue in force until the end of the period of one month beginning with the day on which it is issued.
Any documents of which possession is taken under this section may be retained—
for a period of three months; or
if within that period proceedings to which the documents are relevant are commenced against any person for any criminal offence, until the conclusion of those proceedings.
In the application of this section to Scotland for the references to a justice of the peace substitute references to a justice of the peace or a sheriff, and for the references to information on oath substitute references to evidence on oath.
In this section “document” includes information recorded in any form.
The powers conferred by this section shall be exercisable in relation to information on oath given by or on behalf of the Secretary of State as they are exercisable in relation to information on oath given by or on behalf of the Treasury; and for this purpose the reference in subsection (2)(b) to the Treasury shall be construed as a reference to the Secretary of State.
Section 438(1) of the Companies Act (power of Secretary of State to bring civil proceedings on behalf of body corporate) shall have effect in relation to an insurance company to which this Part of this Act applies (whether or not a body corporate) as if the reference to any information or document obtained under the provisions there mentioned included a reference to any information or document obtained under this Act or any enactment repealed by this Act or by the Insurance Companies Act 1974.
The Secretary of State may bring civil proceedings in the name and on behalf of an insurance company to which this Part of the Act applies (whether or not a body corporate) under Article 431(1) of the Companies (Northern Ireland) Order 1986 and that subsection shall have effect in relation to such an insurance company as if the reference to any information or document obtained under the provisions there mentioned included a reference to any information or document obtained under this Act or any enactment repealed by this Act or by the Insurance Companies Act 1980 and any reference to the Department of Commerce for Northern Ireland were a reference to the Secretary of State.
Where under a judgment given or decree pronounced in proceedings brought by virtue of section 438(1) of the Companies Act or Article 431(1) of the said Order of 1986 on behalf of an insurance company a sum is recovered in respect of a loss of assets representing a fund or funds maintained by the company in respect of its long term business the court shall direct that the sum shall be treated for the purposes of this Act as assets of that fund or those funds and this Act shall have effect accordingly.
The Treasury may exercise the powers conferred on the Secretary of State by virtue of subsections (1) and (2) above; and sections 451A(2) and 452(1) of the Companies Act 1985 shall apply in relation to the Treasury as they apply in relation to the Secretary of State.
Schedule 2B to this Act (which, subject to certain exceptions, restricts the disclosure of information obtained under or by virtue of this Act) shall have effect.
A requirement imposed under section 43A or 44(2) to (4) above shall not compel the production by any person of a document which he would in an action in the High Court or, in Scotland, in the Court of Session be entitled to refuse to produce on grounds of legal professional privilege or authorise the taking of possession of any such document which is in his possession.
Schedule 2C to this Act shall have effect long term and with respect to transfers of business.
Where it is proposed to carry out a scheme under which the whole or part of the long term business carried on in the United Kingdom by an insurance company to which this Part of this Act applies (“the transferor company ”) is to be transferred to another body whether incorporated or not (“the transferee company ”) the transferor company or transferee company may apply to the court, by petition, for an order sanctioning the scheme.
The court shall not determine an application under this section unless the petition is accompanied by a report on the terms of the scheme by an independent actuary and the court is satisfied that the requirements of subsection (3) below have been complied with.
The said requirements are—
that a notice has been published in the London, Edinburgh and Belfast Gazettes and, except where the court has otherwise directed, in two national newspapers stating that the application has been made and giving the address of the offices at which, and the period for which, copies of the documents mentioned in paragraph (d) below will be available as required by that paragraph;
except where the court has otherwise directed, that a statement— has been sent to each of those policy holders and to every member of those companies ;
setting out the terms of the scheme ; and
containing a summary of the report mentioned in subsection (2) above sufficient to indicate the opinion of the actuary on the likely effects of the scheme on the long term policy holders of the companies concerned,
that a copy of the petition, of the report mentioned in subsection (2) above and of any statement sent out under paragraph (b) above has been served on the Secretary of State and that a period of not less than twenty-one days has elapsed since the date of service;
that copies of the petition and of the report mentioned in subsection (2) above have been open to inspection at offices in the United Kingdom of the companies concerned for a period of not less than twenty-one days beginning with the date of the first publication of a notice in accordance with paragraph (a) above.
Each of the companies concerned shall, on payment of such fee as may be prescribed by rules of court, furnish a copy of the petition and of the report mentioned in subsection (2) above to any person who asks for one at any time before an order sanctioning the scheme is made on the petition.
On any petition under this section— shall be entitled to be heard.
the Secretary of State, and
any person (including any employee of the transferor company or the transferee company) who alleges that he would be adversely affected by the carrying out of the scheme,
The court shall not make an order sanctioning the scheme unless it is satisfied that the transferee company is, or immediately after the making of the order will be, authorised under section 3 or 4 above to carry on long term business of the class or classes to be transferred under the scheme.
No such transfer as is mentioned in subsection (1) above shall be carried out unless the scheme relating to the transfer has been sanctioned by the court in accordance with this section ; and no order shall be made under section 206 or 208 of the Companies Act 1948 or section 197 or section 199 of the Companies Act (Northern Ireland) 1960 (compromises and arrangements between a company and its creditors or members) in respect of so much of any compromise or arrangement as involves any such transfer.
In this section “the court” means the High Court of Justice in England except that it means—
the Court of Session if the transferor company and the transferee company are both registered or both have their head offices in Scotland ; and
the High Court of Justice in Northern Ireland if the transferor company and the transferee company are both registered or both have their head offices in Northern Ireland; and
either the High Court of Justice in England or the Court of Session if either the transferor company or the transferee company is registered or has its head office in Scotland ; and
either the High Court of Justice in England or the High Court of Justice in Northern Ireland if either the transferor company or the transferee company is registered or has its head office in Northern Ireland; and
either the Court of Session or the High Court of Justice in Northern Ireland if the transferor company or the transferee company is registered or has its head office in Scotland and the other such company is registered or has its head office in Northern Ireland.
Where the court makes an order under section 49 above sanctioning a scheme the court may, either by that order or by any subsequent order, make provision for all or any of the following matters—
the transfer to the transferee company of the whole or any part of the undertaking and of the property or liabilities of the transferor company;
the allotting or appropriation by the transferee company of any shares, debentures, policies or other like interests in that company which under the scheme are to be allotted or appropriated by that company to or for any person;
the continuation by or against the transferee company of any legal proceedings pending by or against the transferor company;
the dissolution, without winding up, of the transferor company;
such incidental, consequential and supplementary matters as are necessary to secure that the scheme shall be fully and effectively carried out.
Where any such order provides for the transfer of property or liabilities, that property shall, by virtue of the order, be transferred to and vest in, and those liabilities shall, by virtue of the order, be transferred to and become the liabilities of, the transferee company, and in the case of any property, if the order so directs, freed from any mortgage or charge which is by virtue of the scheme to cease to have effect.
For the purposes of any provision requiring the delivery of an instrument of transfer as a condition for the registration of a transfer of any property (including in particular section 183(1) of the Companies Act, section 56(4) of the Finance Act 1946, Article 193(1) and (2) of the Companies (Northern Ireland) Order 1986 and section 27(4) of the Finance (No. 2) Act (Nothern Ireland) 1946) an order which by virtue of this section operates to transfer any property shall be treated as an instrument of transfer.
Where a scheme is sanctioned by an order of the court under section 49 above the transferee company shall, within ten days from the date on which the order is made or such longer period as the Secretary of State may allow, deposit two office copies of the order with the Secretary of State.
In this section “property” includes property, rights and powers of every description, “liabilities” includes duties and “shares” and “debentures” have the same meaning as in the Companies Act or the Companies (Northern Ireland) Order 1986
Section 49 above applies, with the following adaptations, to a transfer of business to an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992.
In subsection (3)(c) (service of documents), after the words “the Secretary of State" there shall be inserted the words “and on the Friendly Societies Commission".
In subsection (5) (persons entitled to be heard on petition), in paragraph (a) after the words “the Secretary of State" there shall be inserted the words “and the Friendly Societies Commission".
In subsection (6) (requirement that transferee company be authorised to carry on long term business), for the words “authorised under section 3 or 4 above" there shall be substituted the words “authorised under Part IV of the Friendly Societies Act 1992."
This section applies where–
it is proposed to carry out a scheme under which the whole or part of any long term business (other than reinsurance) carried on in the United Kingdom by an insurance company to which this Part of this Act applies (“the transferor company") is to be transferred to another insurance company (“the transferee company");
all of the policies comprised in the business proposed to be transferred were written in the course of the provision of services in a member State other than the United Kingdom; and
the head office of the transferee company is situated in a member State.
In any case where this section applies, section 49 above shall have effect as if–
in paragraph (a) of subsection (3), for the words “in the London, Edinburgh and Belfast Gazettes and, except where the court has otherwise directed, in two national newspapers" there were substituted the words “in two national newspapers in the United Kingdom, and in such publications or in such manner in the member State of the commitment as the court has directed,";
in paragraph (d) of that subsection, for the words “at offices in the United Kingdom of the companies concerned" there were substituted the words “at offices in the United Kingdom of the transferor company and at such place in the member State of the commitment as the court has directed": and
for the provisions of subsections (6) to (6B) there were substituted the following provisions of this section.
Where the establishment of the transferee company to which the policies are to be transferred is situated in the United Kingdom, the court shall not make an order sanctioning the scheme unless it is satisfied that–
the transferee company fulfils the conditions in Articles 11, 12, 14 and 16 of the second long term insurance Directive in the member State of the commitment:
the supervisory authorities of that member State agree to the transfer; and
the transferee company is, or immediately after the making of the order will be, authorised under section 3 or 4 above to carry on long term business of the class or classes to be transferred under the scheme.
Where the establishment of the transferee company to which the policies are to be transferred is situated in a member State other than the United Kingdom, the court shall not make an order sanctioning the scheme unless–
it is satisfied that the supervisory authorities of the member State where the establishment of the transferee company to which the policies are to be transferred is situated agree to the transfer; and
where the member State of the commitment is not the member State in which the establishment is situated, it is also satisfied that–
the establishment fulfils the conditions in Articles 11, 12, 14 and 16 of the second long term insurance Directive in the member State of the commitment;
the law of that member State provides for the possibility of such a transfer; and
the supervisory authorities of that member State agree to the transfer.
Where the head office of the transferee company is situated in a member State other than the United Kingdom, the court shall not make an order sanctioning the scheme unless the supervisory authorities of that member State certify that the transferee company possesses the necessary margin of solvency after taking the proposed transfer into account.
Where the court makes an order sanctioning the scheme, it shall direct that– and such an instrument or order shall not bind such a policy holder if either such a notice is not so published or the policy holder cancels the policy during the period so specified.
notice of the making of any order, or the execution of any instrument, giving effect to the transfer shall be published in the member State of the commitment; and
the notice shall specify a period during which any policy holder affected may cancel the policy;
Where it is proposed to execute an instrument by which an insurance company to which this Part of this Act applies (“the transferor”) is to transfer to another body (“the transferee") all its rights and obligations under such general policies, or general policies of such descriptions, as may be specified in the instrument, the transferor may apply to the Secretary of State for his approval of the transfer.
The Secretary of State shall not determine an application made under subsection (1) above unless he is satisfied that—
a notice approved by him for the purpose has been published in the London, Edinburgh and Belfast Gazettes and, if he thinks fit, in two national newspapers which have been so approved; and
except in so far as he has otherwise directed, a copy of the notice has been sent to every affected policy holder and every other person who claims an interest in a policy included in the transfer and has given written notice of his claim to the transferor; and
copies of a statement setting out particulars of the transfer and approved by him for the purpose have been available for inspection at one or more places in the United Kingdom for a period of not less than thirty days beginning with the date of the first publication of the notice in accordance with paragraph (a) above.
The notice referred to in subsection (2) above shall include a statement that written representations concerning the transfer may be sent to the Secretary of State before a specified day, which shall not be earlier than sixty days after the day of the first publication of the notice in accordance with paragraph (a) above; and the Secretary of State shall not determine the application until after considering any representations made to him before the specified day.
The Secretary of State shall not approve a transfer on an application under subsection (1) above unless he is satisfied that— and unless in his opinion the transferee’s financial resources and the other circumstances of the case justify the giving of his approval.
every policy included in the transfer evidences a contract which—
was entered into before the date of the application; and
imposes on the insurer obligations the performance of which will constitute the carrying on of insurance business in the United Kingdom; and
the transferee is, or immediately after the approval will be, authorised under section 3 or 4 above to carry on in the United Kingdom insurance business of the appropriate class or classes;
On determining an application made under subsection (1) above, the Secretary of State shall— and if he refuses the application he shall inform the transferor and the transferee in writing of the reasons for his refusal.
publish a notice of his decision in the London, Edinburgh and Belfast Gazettes and in such other manner as he may think fit, and
send a copy of that notice to the transferor, the transferee and every person who made representations in accordance with the notice referred to in subsection (2) above;
Without prejudice to the generality of subsection (4) above, the Secretary of State shall not approve a transfer on an application under subsection (1) above to an insurance company whose head office is situated in another member State or to a Swiss general insurance companyunless—
the supervisory authorities of that State or, as the case may be, of Switzerland certify that it possesses the necessary margin of solvency after taking the proposed transfer into account; or
every policy included in the proposed transfer evidences a contract of reinsurance.
Any notice or other document authorised or required to be given or served under this section or section 52 below may, without prejudice to any other method of service, be served by post; and a letter containing the notice or other document shall be deemed to be properly addressed if it is addressed to that person at his last known residence or last known place of business in the United Kingdom.
Notwithstanding the provisions of subsection (4)(a)(ii) and (b) above, the Secretary of State may approve a transfer on an application under subsection (1) above to an insurance company established in another member State, where he is satisfied that–
the transfer relates to policies covering risks situated in the United Kingdom,
the transferee is entitled in accordance with section 81B below to provide insurance in the United Kingdom in respect of those risks through that establishment, and
the supervisory authorities of the member State of that establishment agree to the transfer.
In this section “general policy” means a policy evidencing a contract the effecting of which constituted the carrying on of general business; and for the purposes of this section a policy holder is an “affected policy holder” in relation to a proposed transfer if—
his policy is included in the transfer, or
his policy is with the transferor and the Secretary of State has certified, after consulting the transferor, that in the opinion of the Secretary of State the policy holder’s rights and obligations under the policy will or may be materially affected by the transfer.
Subject to subsection (2) below, an instrument giving effect to a transfer approved by the Secretary of State under section 51 above shall be effectual in law— notwithstanding the absence of any agreements or consents which would otherwise be necessary for it to be effectual in law for those purposes.
to transfer to the transferee all the transferor’s rights and obligations under the policies included in the instrument, and
if the instrument so provides, to secure the continuation by or against the transferee of any legal proceedings by or against the transferor which relate to those rights or obligations.
Except in so far as the Secretary of State may otherwise direct, a policy holder whose policy is included in such an instrument shall not be bound by it unless he has been given written notice of its execution by the transferor or the transferee.
Where it is proposed to execute an instrument by which— the Treasurymay, if they are satisfied that the transferee possesses the necessary margin of solvency after taking the proposed transfer into account, issue a certificate to that effect.
an EC company, or a non-EC company whose head office is in an EFTA State, is to transfer— all its rights and obligations under such long term or general policies, or long term or general policies of such descriptions, as may be specified in the instrument; or
to a UK company; or
to a non-EC company whose solvency is supervised by the Treasury in accordance with Article 29 or 30 of the first long term insurance Directive or Article 25 or 26 of the first general insurance Directive,
a company which is authorised in accordance with Article 27 of the first long term insurance Directive, or Article 23 of the first general insurance Directive, is to transfer to a UK company all its rights and obligations under such long term or general policies, or long term or general policies of such descriptions, as may be so specified; or
a Swiss general insurance company is to transfer to a UK company all its rights and obligations under such general policies, or general policies of such descriptions, as may be so specified,
In this section “general policy” means a policy evidencing a contract the effecting of which constituted the carrying on of general business, other than reinsurance; 'long term policy’ means a policy evidencing a contract the effecting of which constitutes the carrying on of long term business, other than reinsurance.
This section applies where—
an EC company transfers to another body all its rights and obligations under any UK policies and the transfer is authorised in its home State in accordance with—
Article 11 of the third long term insurance Directive, or
Article 12 of the third general insurance Directive;
a non-EC company whose head office is in an EFTA State transfers to another body all its rights and obligations under any UK policies and the transfer is authorised in an EEA State other than the United Kingdom in accordance with—
Article 6 of the second long term insurance Directive, or
Article 11 of the second general insurance Directive; or
a company which is authorised in accordance with Article 27 of the first long term insurance Directive, or Article 23 of the first general insurance Directive transfers to another body all its rights and obligations under any UK policies and the transfer is authorised in a member State other than the United Kingdom in accordance with—
Article 31a of the first long term insurance Directive (as amended by Article 49 of the third long term insurance Directive), or
Article 28a of the first general insurance Directive (as amended by Article 53 of the third general insurance Directive).
If notice of the execution of the instrument giving effect to the transfer is published in such manner as the Treasury may from time to time direct, the instrument shall be effectual in law— notwithstanding the absence of any agreements or consents which would otherwise be necessary for it to be effectual in law for those purposes.
to transfer to the transferee all the transferor’s rights and obligations under the UK policies included in the instrument, and
if the instrument so provides, to secure the continuation by or against the transferee of any legal proceedings by or against the transferor which relate to those rights or obligations,
Directions under this section may make different provision for different cases or descriptions of case.
A policy which evidences a contract of . . . insurance is a UK policy for the purposes of this section if the law applicable to it is the law of any part of the United Kingdom.
The court may order the winding up, in accordance with the Insolvency Act 1986 or, as the case may be, the Insolvency (Northern Ireland) Order 1989, of an insurance company to which this Part of this Act applies and the provisions of thethat Act of 1986 or, as the case may be, that Order of 1989 shall apply accordingly subject to the modification that the company may be ordered to be wound up on the petition of ten or more policy holders owning policies of an aggregate value of not less than £10,000. Such a petition shall not be presented except by leave of the court, and leave shall not be granted until a prima facie case has been established to the satisfaction of the court and until security for costs for such amount as the court may think reasonable has been given.
The Treasury may present a petition for the winding up, in accordance with Part IV or V of the Insolvency Act 1986, of an insurance company to which this Part of this Act applies, being a company which may be wound up by the court under the provisions of that Act, on the ground—
that the company is unable to pay its debts within the meaning of sections 123 or sections 222 to 224 of that Act;
that the company has failed to satisy an obligation to which it is or was subject by virtue of this Act or any enactment repealed by this Act or by the Insurance Companies Act 1974; or
that the company, being under the obligation imposed by sections 221 and 222 of the Companies Act with respect to the keeping of accounting records, has failed to satisfy that obligation or to produce records kept in satisfaction of that obligation and that the Treasuryareunable to ascertain its financial position.
that the company is a UK company and has failed to satisfy an obligation to which it is subject by virtue of any provision of the law of another EEA State which—
gives effect to the general or long term insurance Directives; or
is otherwise applicable to the insurance activities of the company in that State;
The Treasury may present a petition for the winding up, in accordance with the Part V or VI of the Insolvency (Northern Ireland) Order 1989, of an insurance company to which this Part of this Act applies, being a company which may be wound up by the court under the provisions of that Act, on the ground— and Article 433 of the said Order of 1986 shall have effect in relation to such an insurance company as if any reference to the Department of Commerce for Northern Ireland were a reference to the Treasury.
that the company is unable to pay its debts within the meaning of Article 103 or Articles 186 to 188 of that Order
that the company has failed to satisfy an obligation to which it is or was subject by virtue of this Act or any enactment repealed by this Act or by the Insurance Companies Act 1980; or
that the company, being under an obligation imposed by Articles 229 to 231 of thePart V or VI of the Insolvency (Northern Ireland) Order 1989 with respect to the keeping of accounting records, has failed to satisfy that obligation or to produce records kept in satisfaction of that obligation and that the Treasuryare unable to ascertain its financial position;
that the company is a UK company and has failed to satisfy an obligation to which it is subject by virtue of any provision of the law of another EEA State which—
gives effect to the general or long term insurance Directives; or
is otherwise applicable to the insurance activities of the company in that State;
In any proceedings on a petition to wind up an insurance company presented by the Treasury under subsection (1) of (2) above, evidence that the company was insolvent— shall be evidence that the company continues to be unable to pay its debts, unless the contrary is proved.
at the close of the period to which— relate; or
the accounts and balance sheet of the company last deposited under section 22 above; or
any statement of the company last deposited under section 25 above,
at any date or time specified in a requirement under section 42 or 44 above,
If, in the case of an insurance company to which this Part of this Act applies, being a company which may be wound up by the court under the provisions of the Insolvency Act 1986 or, as the case may be, the Insolvency (Northern Ireland) Order 1989, it appears to the Treasury that it is expedient in the public interest that the company should be wound up, the Treasury may, unless the company is already being wound up by the court, present a petition for it to be so wound up if the court thinks it just and equitable for it to be so wound up.
Where a petition for the winding up of an insurance company to which this Part of this Act applies is presented by a person other than the Treasury, a copy of the petition shall be served on theTreasury and they shall be entitled to be heard on the petition.
The Secretary of State may exercise the powers conferred on the Treasury by subsections (1) to (4) above, and for this purpose those subsections shall be construed as if references to the Treasury were references to the Secretary of State.
No insurance company to which this Part of this Act applies which is an unincorporated body and carries on long term business shall be made the subject of bankruptcy proceedings or, in Scotland, sequestration proceedings.
No insurance company to which this Part of this Act applies which carries on long term business shall be wound up voluntarily.
Section 29(1) above shall not have effect in relation to the winding up of a company to which section 28(1) above applies but, subject to subsection (4) below and to rules made by virtue of section 59(2) below, in any such winding up—
the assets representing the fund or funds maintained by the company in respect of its long term business shall be available only for meeting the liabilities of the company attributable to that business;
the other assets of the company shall be available only for meeting the liabilities of the company attributable to its other business.
Where the value of the assets mentioned in either paragraph of subsection (3) above exceeds the amount of the liabilities mentioned in that paragraph the restriction imposed by that subsection shall not apply to so much of those assets as represents the excess.
In relation to the assets falling within either paragraph of subsection (3) above the creditors mentioned in section 168(2) of the Insolvency Act 1986 or, as the case may be, Article 143(2) of the Insolvency (Northern Ireland) Order 1989 shall be only those who are creditors in respect of liabilities falling within that paragraph; and any general meetings of creditors summoned for the purposes of that section shall accordingly be separate general meetings of the creditors in respect of the liabilities falling within each paragraph.
Where under section 212 of the Insolvency Act 1986 or Article 176 of the Insolvency (Northern Ireland) Order 1989 (defalcations of directors etc. disclosed in course of winding up) a court orders any money or property to be repaid or restored to a company or any sum to be contributed to its assets then, if and so far as the wrongful act which is the reason for the making of the order related to assets representing a fund or funds maintained by the company in respect of its long term business, the court shall include in the order a direction that the money, property or contribution shall be treated for the purposes of this Act as assets of that fund or those funds and this Act shall have effect accordingly.
This section has effect in relation to the winding up of an insurance company to which this Part of this Act applies, being a company carrying on long term business.
The liquidator shall, unless the court otherwise orders, carry on the long term business of the company with a view to its being transferred as a going concern to another insurance company, whether an existing company or a company formed for that purpose; and, in carrying on that business as aforesaid, the liquidator may agree to the variation of any contracts of insurance in existence when the winding up order is made but shall not effect any new contracts of insurance.
If the liquidator is satisfied that the interests of the creditors in respect of liabilities of the company attributable to its long term business require the appointment of a special manager of the company’s long term business, he may apply to the court, and the court may on such application appoint a special manager of that business to act during such time as the court may direct, with such powers, including any of the powers of a receiver or manager, as may be entrusted to him by the court.
Section 177(5) of the Insolvency Act 1986 or, in the case of a special manager appointed in proceedings in Northern Ireland, Article 151(5) of the Insolvency (Northern Ireland) Order 1989 (special manager to give security and receive remuneration) shall apply to a special manager appointed under subsection (3) above as they apply to a special manager appointed under section 177 of the said Act of 1986 or, as the case may be, Article 151 of the said Order of 1989
The court may, if it thinks fit and subject to such conditions (if any) as it may determine, reduce the amount of the contracts made by the company in the course of carrying on its long term business.
The court may, on the application of the liquidator, a special manager appointed under subsection (3) above , the Treasuryor the Secretary of State, appoint an independent actuary to investigate the long term business of the company and to report to the liquidator, the special manager , the Treasuryor the Secretary of State, as the case may be, on the desirability or otherwise of that business being continued and on any reduction in the contracts made in the course of carrying on that business that may be necessary for its successful continuation.
Notwithstanding section 167 of, and Schedule 4 to, the Insolvency Act 1986 or, as the case may be, Article 142 of, and Schedule 2 to, the Insolvency (Northern Ireland) Order 1989 (which requires a liquidator to obtain the sanction of the court or a specified committee for the bringing of legal proceedings in the name of and on behalf of the company) the liquidator may without any such sanction make an application in the name of and on behalf of the company under section 49 above.
In this section “the court” means the court having jurisdiction to wind up the company.
Where the insurance business or any part of the insurance business of an insurance company has been transferred to an insurance company to which this Part of this Act applies under an arrangement in pursuance of which the first-mentioned company (in this section called the subsidiary company) or the creditors thereof has or have claims against the company to which the transfer was made (in this section called the principal company), then, if the principal company is being wound up by or under the supervision of the court, the court shall, subject to the provisions of this section, order the subsidiary company to be wound up in conjuction with the principal company, and may by the same or any subsequent order appoint the same person to be liquidator for the two companies, and make provision for such other matters as may seem to the court necessary, with a view to the companies being wound up as if they were one company.
The commencement of the winding up of the principal company shall, save as otherwise ordered by the court, be the commencement of the winding up of the subsidiary company
In adjusting the rights and liabilities of the members of the several companies between themselves, the court shall have regard to the constitution of the companies, and to the arrangements entered into between the companies, in the same manner as the court has regard to the rights and liabilities of different classes of contributories in the case of the winding up of a single company, or as near thereto as circumstances admit.
Where any company alleged to be subsidiary is not in process of being wound up at the same time as the principal company to which it is subsidiary, the court shall not direct the subsidiary company to be wound up unless, after hearing all objections (if any) that may be urged by or on behalf of the company against its being wound up, the court is of the opinion that the company is subsidiary to the principal company, and that the winding up of the company in conjunction with the principal company is just and equitable.
An application may be made in relation to the winding up of any subsidiary company in conjunction with a principal company by any creditor of, or person interested in, the principal or subsidiary company.
Where a company stands in the relation of a principal company to one company, and in the relation of a subsidiary company to some other company, or where there are several companies standing in the relation of subsidiary companies to one principal company, the court may deal with any number of such companies together or in separate groups, as it thinks most expedient, upon the principles laid down in this section.
In the case of an insurance company which has been proved to be unable to pay its debts, the court may, if it thinks fit, reduce the amount of the contracts of the company on such terms and subject to such conditions as the court thinks just, in place of making a winding up order.
Rules may be made under section411 of the Insolvency Act 1986 or Article 359 of the Insolvency (Northern Ireland) Order 1989 (general rules about winding up) for determining the amount of the liabilities of an insurance company to policy holders of any class or description for the purpose of proof in a winding up and generally for carrying into effect the provisions of this Part of this Act with respect to the winding up of insurance companies.
Without prejudice to the generality of subsection (1) above, rules under section411 of the Insolvency Act 1986 or, as the case may be, Article 359 of the said Order of 1989 may make provision for all or any of the following matters—
the identification of the assets and liabilities falling within either paragraph of subsection (3) of section 55 above;
the apportionment between the assets falling within paragraphs (a) and (b) of that subsection of the costs, charges and expenses of the winding up and of any debts of the company having priority under sections 175 and 176 of, and Schedule 6 to, the Insolvency Act 1986, or, as the case may be, Articles 149 and 150 of, and Schedule 4 to, the Insolvency (Northern Ireland) Order 1989;
the determination of the amount of liabilities of any description falling within either paragraph of that subsection for the purpose of establishing whether or not there is any such excess in respect of that paragraph as is mentioned in subsection (4) of section 55 above;
the application of assets within paragraph (a) of the said subsection (3) for meeting the liabilities within that paragraph;
the application of assets representing any such excess as is mentioned in the said subsection (4).
No insurance company to which this Part of this Act applies shall appoint a person as managing director or chief executive of the companies unless—
the company has served on the Treasury a written notice stating that it proposes to appoint that person to that position and containing such particulars as may be prescribed; and
either the Treasuryhave, before the expiration of the period of three months beginning with the date of service of that notice, notified the company in writing that there is no objection to that person being appointed to that position or that period has elapsed without the Treasury having served on the company a written notice of objection.
A notice served by a company under subsection (1)(a) above shall contain a statement signed by the person proposed to be appointed that it is served with his knowledge and consent.
The Treasury may serve a notice of objection under subsection (1) above on the ground—
that it appears to the Treasurythat the person proposed to be appointed is not a fit and proper person to be appointed to the position in question; or
where the insurance company is a UK or non-EC company, that it appears to the Treasury that, if that person were appointed, the criteria of sound and prudent management would not or might not continue to be fulfilled in respect of the company.
The Treasury shall not be obliged to disclose to the company or to the person proposed to be appointed any particulars of the ground on which they areconsidering the service on the company of a notice of objection.
Before serving such a notice the Treasuryshall serve on the company and on the person proposed to be appointed a preliminary notice stating—
that the Treasuryareconsidering the service on the company of a notice of objection on that ground; and
that the company or that person may, within the period of one month from the date of service of the preliminary notice, make written representations to the Treasury and, if the company or that person so requests, oral representations to an officer of the the Treasury appointed for the purpose by the Treasury.
Where representations are made in accordance with this section the Treasury shall take them into consideration before serving the notice of objection.
No person shall become a controller of an insurance company to which this Part of this Act applies otherwise than by virtue of an appointment in relation to which section 60 above has effect unless—
he has served on the Treasury a written notice stating that he intends to become a controller of that company and containing such particulars as may be prescribed; and
either the Treasury have, before the expiration of the period of three months beginning with the date of service of that notice, notified him in writing that there is no objection to his becoming a controller of the company or that period has elapsed without the Treasury having served on him a written notice of objection.
Before serving such a notice the Treasury shall serve on the person proposing to become a controller a preliminary notice stating—
that the Treasuryare considering the service on that person of a notice of objection on that ground; and
that that person may, within the period of one month from the date of service of the preliminary notice, make written representations to the Treasuryand, if that person so requests, oral representations to an officer of the Treasury appointed for the purpose by the Treasury.
The Treasury may serve a notice of objection under subsection (1) above on the ground—
that it appears to the Treasurythat the person concerned is not a fit and proper person to become a controller of the company; or
where the company is a UK or non-EC company, that it appears to the Treasury that, if that person were to become such a controller, the criteria of sound and prudent management would not or might not continue to be fulfilled in respect of the company.
The Treasury shall not be obliged to disclose to any person any particulars of the ground on which they are considering the service on him of a notice of objection.
Where representations are made in accordance with this section the Treasury shall take them into consideration before serving the notice of objection.
The Treasurymay serve a notice of objection under subsection (1) above for the purpose of implementing any decision of the Council or Commission of the Communities under—
Article 29b(4) of the first general insurance Directive; or
Article 32b(4) of the first long term insurance Directive.
If, in the case of a company to which this Part of this Act applies, a person becomes or ceases to be— he shall, before the expiration of the period of seven days beginning with the day next following that on which he does so, notify the company in writing of that fact and of such other matters as may be prescribed.
a controller of the company; or
where the company is a UK company, a 10 per cent.shareholder controller, a 20 per cent.shareholder controller, a 33 per cent.shareholder controller, a 50 per cent.shareholder controller or a majority shareholder controller of the company,
An insurance company to which this part of this Act applies shall give written notice to the Treasuryof the fact that any person has become or ceased to be a director, controller or manager of the company and of any matter of which any such person is required to notify the company under subsection (1), (1A) or (1B) above; and that notice shall be given before the expiration of the period of fourteen days beginning with the day next following that on which that fact or matter comes to the company’s knowledge.
If, after ceasing to be a shareholder controller of any description mentioned in paragraph (b) of subsection (1) above, a person will still be a shareholder controller of the company, his notice under that subsection shall state the percentage of the shares or voting power which he will (alone or with any associate or associates) hold or be entitled to exercise or control.
A person who becomes a director or manager of an insurance company to which this Part of this Act applies shall, before the expiration of the period of seven days beginning with the day next following that on which he does so, notify the company in writing of such matters as may be prescribed.
In this section 'share’ has the same meaning as in Part VII of the Companies Act or Part VIII of the Companies (Northern Ireland) Order 1986.
No person who is a controller of a UK company shall acquire a notifiable holding in that company, or in another company of which it is a subsidiary undertaking, unless—
he has served on the Treasury a written notice stating—
that he intends to acquire such a holding; and
the number of the shares or details of the voting rights which he proposes to acquire; and
either the Treasuryhave, before the expiration of the period of three months beginning with the date of service of that notice, notified him in writing that there is no objection to his proposed acquisition of the holding, or that period has elapsed without the Treasury having served on him a written notice of objection.
The Treasury may serve a notice of objection under subsection (1) above on the ground—
that it appears to them that the person concerned is not a fit and proper person to acquire such a holding; or
that it appears to them that, if that person were to acquire such a holding, the criteria of sound and prudent management would not or might not continue to be fulfilled in respect of the company.
Subsections (2) to (4) of section 61 above shall (with the necessary modifications) apply for the purposes of this section as they apply for the purposes of that section.
In relation to a non-EC company whose head office is in an EFTA State ora Swiss general insurance company,—
section 60 above shall have effect as if the references to a managing director or chief executive were references to a principal United Kingdom executive;
section 61 above shall not apply;
section 62 above shall have effect as if references to a director or manager were references to a principal United Kingdom executive, an employee within section 8(4)(c) above or an authorised United Kingdom representative.
In relation to any other insurance company whose head office is outside the United Kingdom—
section 60 above shall have effect as if the references to a chief executive included references to a principal United Kingdom executive; and
section 62 above shall have effect as if the references to a director included references to a principal United Kingdom executive and to an authorised United Kingdom representative.
In this section—
and
“principal United Kingdom executive” means an officer or employee within section 8(4)(b) or 9(6) above; and
“the Companies Act” means the Companies Act 1985
“margin of solvency”, “United Kingdom margin of solvency” and 'EEA margin of solvency’ shall be construed in accordance with section 32 above;
“mortgage”, in relation to Scotland, means a heritable security within the meaning of section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970;
Subsection (1) of this section does not apply to a contract if the party other than the insurer is habitually resident in a member State other than the United Kingdom.
For the purposes of this section and section 76 below, “EC contract” means a contract to which subsection (1) above applies which fulfils the following conditions, namely— and “non-EC contract” means a contract to which subsection (1) above applies which is not an EC contract.
the insurer is a UK, EC or EFTA company or a member of Lloyd’s;
the other party is habitually resident in the United Kingdom;
In the case of a contract involving two or more parties other than the insurer, this section and section 76 below shall have effect as if a separate contract were being or had been entered into by the insurer with each of those parties.
whose head office is not in a member State;
“prescribed” means prescribed by regulations under this Act;
which is authorised under section 3 or 4 above; and
“son” includes step-son,
whose business in the United Kingdom is not restricted to reinsurance business;
Schedule 2D to this Act (which makes further provision with respect to persons becoming or continuing to be companies, controllers of UK and persons who are such controllers acquiring or dealing with holdings in such companies) shall have effect.
An insurance company to which this Part of this Act applies shall give written notice to the Treasury of the fact that any person has become or ceased to be a main agent of the company and, if a main agent is a body corporate or a firm, of the fact that any person has become or ceased to be a director of the body or partner of the firm.
A notice under this section shall be given before the expiration of the period of fourteen days beginning with the day next following that on which the change comes to the knowledge of the insurance company.
A person resident or having its head office in a country or territory other than a member State who becomes the parent undertaking of an insurance company— shall before the expiration of the period of fourteen days beginning with the day next following that on which he becomes the parent undertaking notify the Secretary of State in writing of that fact.
which has its head office in the United Kingdom; and
to which this Part of this Act applies,
Subsection (1) above shall not apply if the insurance company concerned—
is required to give notice to the Secretary of State in accordance with section 62(2) above; or
is not authorised to carry on in any member State any insurance business other than reinsurance business.
The Treasury shall deposit with the registrar of companies one copy of—
any document deposited with the Treasuryunder section 22 above, including any document obtained under subsection (5) of that section;
any document deposited with him under section 42(4) or 50(4) above.
Subject to subsection (3) below, any document deposited under this section or section 25(5) or 26(3) above with the registrar of companies shall be open to inspection and copies thereof may be procured by any person on payment of such fees as the Secretary of State may direct.
Subsection (2) above shall not apply to any document if it is a copy of a document in respect of which a dispensation has been granted under section 23(2) above.
Every document deposited with the Treasury under this Part of this Act and certified by the registrar of companies to be a document so deposited shall be deemed to be a document so deposited; and every document purporting to be certified by the registrar of companies to be a copy of a document so deposited shall be deemed to be a copy of that document and shall be received in evidence as if it were the original document unless some variation between it and the original is proved.
Any insurance company which is required to prepare and deliver accounts under Articles 235 and 249 or Article 649 of the Companies (Northern Ireland) Order 1986 shall deposit with the registrar of companies in Northern Ireland one copy of—
any document deposited with the Treasury under section 22(1), . . .22(6), or 42(4) above or paragraph 5(5) of Schedule 2C to this Act;
any document supplied by the company to the Treasury under section 22(5) above.
The Treasurymay, on the application or with the consent of an insurance company to which this Part of this Act applies, by order direct that for the purposes of the application to the company of all or any of the provisions to which this section applies—
business of a kind specified in the order, not being ordinary long-term insurance business, shall be treated as being such business; or
ordinary long-term insurance business of a kind so specified shall be treated as not being such business.
An order under subsection (1)(b) above may direct that the business specified in the order shall be treated as falling within a specified class of business.
An order under this section may be subject to conditions and may be varied or revoked at any time by the Treasury.
The provisions to which this section applies are sections 17 to 20, 25, 28 to 31, 42, 55, 56 and 59(2) of this Act and section 21 of the Policyholders Protection Act 1975 and Schedule 3 to that Act.
The Treasury may, on the application or with the consent of an insurance company to which this Part of this Act applies, by order direct that all or any of the provisions to which this section applies shall not apply to the company or shall apply to it with such modifications as may be specified in the order.
An order under this section may be subject to conditions.
An order under this section may be revoked at any time by the Treasury; and the Treasury may at any time vary any such order on the application or with the consent of the company to which it applies.
The provisions to which this section applies are sections 16 to 22, 23(1) 25 to 34 and 35 to 36 of this Act, the provisions of regulations made for the purposes of any of those sections and the provisions of any valuation regulations.
In relation to section 31 above, subsection (1) above shall have effect as if the reference to an insurance company to which this Part of this Act applies included a reference to any subordinate company within the meaning of that section of any such insurance company.
If regulations made for the purposes of this subsection so provide, the provisions to which this section applies shall also include section 34A above and the provisions of regulations made for the purposes of that section.
The Treasury may extend or shorten, for the purposes of this Part of this Act, the duration of any financial year of an insurance company to which this Part of this Act applies.
Any notice which is by this Part of this Act required to be sent to any policy holder may be addressed and sent to the person to whom notices respecting that policy are usually sent, and any notice so addressed and sent shall be deemed to be notice to the holder of the policy.
Where any person claiming to be interested in a policy has given to the company notice in writing of his interest, any notice which is by this Part of this Act required to be sent to policy holders shall also be sent to that person at the address specified by him in his notice.
Any notice to be served on any person by the Treasury under section 46, 60 or 61 above may be served by post, and a letter containing that notice shall be deemed to be properly addressed if it is addressed to that person at his last known residence or last known place of business in the United Kingdom.
Any person who— shall be guilty of an offence.
makes default in complying with sections 28 to 30 or or 62(1), (1A) or (1B) above; or
in purported compliance with a requirement imposed unde r section 43A or 44 above furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular; or
causes or permits to be included in— a statement which he knows to be false in a material particular or recklessly causes or permits to be so included any statement which is false in a material particular,
any document copies of which are, by section 22 of this Act, required to be deposited with the Treasury;
any notice, statement or certificate served or furnished under or by virtue of section 19(2) or 26(1) above;
any document deposited with the Treasury under section 25(4) or 42(4) above;
any statement sent out under paragraph 2(2)(b) of Schedule 2C to this Act or made available under paragraph 7(1)(c) of that Schedule,
Any person guilty of an offence under subsection (1) above shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both;
on summary conviction—
in England and Wales . . ., to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980;
in Scotland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 225(8) of theCriminal Procedure (Scotland) Act 1995;
in Northern Ireland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.
Subject to the following provisions of this section— shall be guilty of an offence and liable, on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and, on summary conviction in Northern Ireland to a fine not exceeding £400.
any insurance company which makes default in complying with, or with a requirement imposed under, any provision of this Part of this Act, being a default for which no penalty is provided by the foregoing provisions of this section; and
any other person who makes default in complying with, or with a requirement imposed under, section 26, 29(7), 31, 38, 39, 40, 41, 43A, 44, 45, 61(1) or 61A(1) above, paragraph 2(3) or 5(5) of Schedule 2C to this Act or Schedule 2D to this Act,
Any person who intentionally obstructs a person exercising rights conferred by section 44(4A) above shall be guilty of an offence and liable—
on conviction on indictment, to a fine, and
on summary conviction, to a fine not exceeding the statutory maximum.
Where a person continues to make default in complying with— after being convicted of that default he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which the default so continues.
section 22(1) . . ., 24(1), 25(4) or 42(4) above; or
a requirement imposed under section 43 or 44(1) or (2B) above,
A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under section 44A above or fails without reasonable excuse to comply with any requirement imposed in accordance with subsection (3)(d) of that section is guilty of an offence and liable—
on conviction on indictment, to a fine, and
on summary conviction, to a fine not exceeding the statutory maximum.
A person shall not be guilty of an offence by reason of his default in complying with section 61, 61A(1) or 62(1), (1A) or (1B) above if he proves that he did not know that the acts or circumstances by virtue of which he became or ceased to be a controller of the body in question were such as to have that effect.
Where a person is charged with an offence in respect of his default in complying with a requirement imposed under section 44(2) or (3) above to produce any documents it shall be a defence to prove that they were not in his possession or control and that it was not reasonably practicable for him to comply with the requirement.
An insurance company shall not be guilty of an offence by reason of its default in complying with section 16 21Aor 31A above or Part II of Schedule 2C to this Act (other than paragraph 7(1)(c)).
A person who publishes or discloses any information or document in contravention of section 47A above shall be guilty of an offence under section 449 of the Companies Act or Article 442 of the Companies (Northern Ireland) Order 1986 and liable accordingly.
Regulations may be made as to the form and contents of insurance advertisements.
Regulations under this section may make different provision in relation to insurance advertisements of different classes or descriptions.
Subject to subsection (4) below, any person who issues an insurance advertisement which contravenes regulations under this section shall be guilty of an offence.
A person who in the ordinary course of his business issues an advertisement to the order of another person, being an advertisement the issue of which by that other person constitutes an offence under subsection (3) above, shall not himself be guilty of the offence if he proves that the matters contained in the advertisement were not (wholly or in part) devised or selected by him or by any person under his direction or control.
In this section “insurance advertisement” means an advertisement inviting persons to enter into or to offer to enter into contracts of insurance, and an advertisement which contains information calculated to lead directly or indirectly to persons entering into or offering to enter into such contracts shall be treated as an advertisement inviting them to do so.
In this section “advertisement” includes every form of advertising, whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographers or cinematograph films or by way of sound broadcasting or television or by inclusion in any programme service (within the meaning of the Broadcasting Act 1990) other than a sound or television broadcasting service, and reference to the issue of an advertisement shall be construed accordingly.
For the purposes of this section an advertisement issued by any person on behalf of or to the order of another person shall be treated as an advertisement issued by that other person; and for the purposes of any proceedings under this section an advertisement inviting persons to enter into or to offer to enter into contracts with a person specified in the advertisement shall be presumed, unless the contrary is proved, to have been issued by that person.
Schedule 2E to this Act (which makes provision with respect to information for policy holders of UK insurers and EC companies) shall have effect.
Regulations may be made for requiring any person who— to give the prescribed information with respect to his connection with the company to the person to whom the invitation is issued.
invites another person to make an offer or proposal or to take any other step with a view to entering into a contract of insurance with an insurance company; and
is connected with that company as provided in the regulations,
Regulations may be made for requiring any person who, in the course of carrying on any business or profession, issues any such invitation as is mentioned in subsection (1)(a) above in relation to an insurance company which is not an authorised insurer in respect of the contract in question to inform the person to whom the invitation is issued that the company is not such an insurer as aforesaid. In this subsection “authorised insurer”, in relation to a contract of any description, means a person entitled to carry on in the United Kingdom insurance business of a class comprising the effecting of contracts of that description or an EC or EFTA company entitled to provide in the United Kingdom insurance of such a class.
Any person who contravenes regulations under this section shall be guilty of an offence.
Subject to subsection (2) below, this section applies to a contract entered into by an EFTA company the effecting of which constitutes the provision of insurance in the United Kingdom.
This section does not apply to a contract entered into by an authorised person the effecting of which constitutes the carrying on in the United Kingdom of investment business; and in this subsection expressions which are also used in the Financial Services Act 1986 have the same meanings as in that Act.
Before entering into a contract to which this section applies, the company shall, unless the contract is for the coverage of large risks only, inform the other party to the contract of the EEA State in which is situated the establishment through which the risk or commitment is to be covered; and any document issued to that party by the company shall also contain that information.
If the information required by subsection (3) above is furnished otherwise than in writing before the time when the contract is entered into, there is a sufficient compliance with that subsection if it is also furnished in writing as soon as practicable after that time.
Any relevant document issued by an EFTA company in relation to a contract to which this section applies shall state—
the address of the establishment through which the risk or commitment is or is to be covered; and
where the insurance relates to relevant motor vehicle risks, the name and address of the claims representative.
In this section 'relevant document’, in relation to a contract to which this section applies, means any proposal, policy or other document which, or statements contained in which, will or may bind the other parties to the contract.
In this Act 'EFTA company’ means an insurance company—
whose head office is in an EFTA State;
which is authorised in accordance with Article 6 of the first general insurance Directive (as extended by the EEA Agreement) or Article 6 of the first long term insurance Directive (as so extended); and
whose business in the United Kingdom is not restricted to reinsurance business.
Subject to subsections (5) and (5A) below, unless the requirements of subsection (1A) below are fulfilled—
no insurance company which is authorised under section 3 or 4 above, no EC company and no member of Lloyd’s shall enter into a contract the effecting of which constitutes the carrying on of long term business in the United Kingdom; and
no UK, EC or EFTA company and no member of Lloyd’s shall enter into a contract the effecting of which constitutes the provision of long term insurance in the United Kingdom.
For the purposes of this section a statutory notice is a notice which—
contains such matters (and no others) and is in such form as may be prescribed for the purposes of this section and complies with such requirements (whether as to type, size, colour or disposition of lettering, quality or colour of paper, or otherwise) as may be prescribed for securing that the notice is easily legible; and
has annexed to it a form of notice of cancellation of the prescribed description for use under section 76 below.
The Treasury may, on the application of any insurer, alter the requirements of any regulations made for the purposes of subsection (2)(a) above so as to adapt those requirements to the circumstances of that insurer or to any particular kind of contract proposed to be entered into by that insurer.
Any insurer who contravenes this section shall be guilty of an offence but, without prejudice to section 76(2) below, no contract shall be invalidated by reason of the fact that the insurer has contravened this section in relation to that contract.
Subsection (1) of this section does not apply to any non-EC contract the effecting of which by the insurer constitutes the carrying on of industrial assurance business; and regulations may exempt from that subsection contracts of any other class or description.
In sections 76 and 77 below “insurer” and “statutory notice” have the same meaning as in this section.
A person who has received a statutory notice in relation to an EC contract may, before the expiration of the fourteenth day after that on which he is informed in writing that the contract has become binding, serve a notice of cancellation on the insurer.
the tenth day after that on which he received the notice, or
the earliest day on which he knows both that the contract has been entered into and that the first or only premium has been paid,
A person to whom an insurer ought to have, but has not, sent a statutory notice in relation to any such contract as aforesaid may serve a notice of cancellation on the insurer; but if the insurer sends him a statutory notice in relation to that contract before he has served a notice of cancellation under this subsection, then, without prejudice to his right to serve a notice of cancellation under subsection (1) or (1A) above, his right to do so under this subsection shall cease.
A person who has received a statutory notice in relation to a non-EC contract may, before the expiration of— whichever is the later, serve a notice of cancellation on the insurer.
the tenth day after that on which he received the notice, or
the earliest day on which he knows both that the contract has been entered into and that the first or only premium has been paid,
A notice of cancellation may, but need not, be in the form annexed to the statutory notice and shall have effect if, however expressed, it indicates the intention of the person serving it to withdraw from the transaction in relation to which the statutory notice was or ought to have been sent.
Where a person serves a notice of cancellation, then—
if at the time when the notice is served the contract has been entered into, the notice shall operate so as to rescind the contract;
in any other case, the service of the notice shall operate as a withdrawal of any offer to enter into the contract which is contained in, or implied by, any proposal made to the insurer by the person serving the notice of cancellation and as notice to the insurer that any such offer is withdrawn.
Where a notice of cancellation operates to rescind a contract or as the withdrawal of an offer to enter into a contract—
any sum which the person serving the notice has paid in connection with the contract (whether by way of premium or otherwise and whether to the insurer or to a person who is the agent of the insurer for the purpose of receiving that sum) shall be recoverable from the insurer by the person serving the notice;
any sum which the insurer has paid under the contract shall be recoverable by him from the person serving the notice.
Any sum recoverable under subsection (5) above shall be recoverable as a simple contract debt in any court of competent jurisdiction.
For the purposes of section 76 above a notice of cancellation—
shall be deemed to be served on the insurer if it is sent by post addressed to any person specified in the statutory notice as a person to whom a notice of cancellation may be sent, and is addressed to that person at an address so specified; and
where paragraph (a) above applies, shall be deemed to be served on the insurer at the time when it is posted.
Subsection (1) above shall have effect without prejudice to the service of a notice of cancellation (whether by post or otherwise) in any way in which the notice could be served apart from that subsection, whether the notice is served on the insurer or on a person who is the agent of the insurer for the purpose of receiving such a notice.
A notice of cancellation which is sent by post to a person at his proper address, otherwise than in accordance with subsection (1) above, shall be deemed to be served on him at the time when it is posted.
So much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice of cancellation.
Regulations may be made, as respects the matters specified in subsection (2) below, in relation to contracts the effecting of which constitutes the carrying on of ordinary long-term insurance business and which—
are entered into by insurance companies to which Part II of this Act applies ,by EC companies or by members of Lloyd’s; and
are contracts under which the benefits payable to the policy holder are wholly or partly to be determined by reference to the value of, or the income from, property of any description (whether or not specified in the contract) or by reference to fluctuations in, or in an index of, the value of property of any description (whether or not so specified).
Regulations under this section may make provision for—
restricting the descriptions of property or the indices of the value of property by reference to which benefits under the contracts may be determined;
regulating the manner in which and the frequency with which property of any description is to be valued for the purpose of determining such benefits and the times at which reference is to be made for that purpose to any index of the value of property;
restricting the proportion of those benefits which may be determined by reference to property of a specified description or a specified index;
requiring insurers under the contracts to appoint valuers for carrying out valuations of property of any description for the purpose of determining such benefits (being valuers who comply with the prescribed requirements as to qualifications and independence from the insurer) and to furnish the Treasury with the prescribed information in relation to such appointments;
requiring insurers under the contracts to furnish, in such manner and at such times or intervals as may be prescribed, such information relating to the value of the benefits under the contracts as may be prescribed, whether by sending notices to policy holders, depositing statements with the Treasury or the registrar of companies or the registrar of companies in Northern Ireland or with both such registrars, publication in the press or otherwise;
requiring insurers under the contracts to furnish to the Treasury, in such manner and at such times or intervals as may be prescribed, such information certified in such manner as may be prescribed with respect to so much of their business as is concerned with the contracts or with any class or description of the contracts, and enabling the Treasury to publish such information in such ways as they think appropriate.
Regulations made for the purposes of subsection (2)(d) above may, in relation to notices required to be sent to policy holders, impose requirements (whether as to type, size, colour or disposition of lettering, quality or colour of paper, or otherwise) for securing that such notices are easily legible.
The Treasury may, on the application of any insurer, alter the requirements of any regulations under this section so as to adapt those requirements to the circumstances of that insurer or to any particular kind of contract entered into or proposed to be entered into by that insurer.
Regulations under this section may, to such extent as may be specified therein, apply in relation to contracts entered into before the coming into operation of the regulations, including contracts entered into before the passing of this Act.
Regulations under this section shall not apply in relation to any contract the effecting of which by the insurer constitutes the carrying on of industrial assurance business or to any contract entered into by an insurance company to which Part II of this Act applies by reason only that the policy holder is eligible to participate in any established surplus as defined in section 30(4) above.
Where an insurance company to which Part II of this Act applies carries on capital redemption business in the case of which the premiums in return for which a contract is effected are payable at intervals of less than six months, the company shall not give the holder of any policy issued after 2nd December 1909 any advantage dependent on lot or chance. This section shall not be construed as in any way prejudicing any question as to the application to any such transaction, whether in respect of a policy issued before, on or after that date, of the law relating to lotteries.
Any person guilty of an offence under section 72, 73 or 74 above shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
on summary conviction—
in England and Wales , to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act 1980;
in Scotland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 225(8)of the Criminal Procedure (Scotland) Act 1995,
in Northern Ireland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.
Any person who makes default in complying with, or with a requirement imposed under, any other provision of this Part of this Act shall be guilty of an offence and liable, on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and, on summary conviction in Northern Ireland to a fine not exceeding £400.
In its application to industrial assurance business this Act shall have effect subject to the modifications specified in this section.
Where an insurance company carries on any industrial assurance business, the company shall deposit with the Industrial Assurance Commissioner and the Industrial Assurance Commissioner for Northern Ireland a copy of any document which relates to industrial assurance business and which is deposited with the Treasury under section 22(1), . . . and (6) above or which is supplied by the company to the Treasuryunder section 22(5) above.
The provisions of sections 22 and 23(1) above shall have effect in relation to any document mentioned in subsection (2) above as if references in those provisions to the Treasury included references to the Commissioner and the Commissioner for Northern Ireland.
Where any document required to be deposited by a company under subsection (4) of section 42 above relates to industrial assurance business the company shall also, within the time required under that subsection, deposit one copy of that document with the Commissioner and the Commissioner for Northern Ireland, and section 71(4) above shall have effect in relation to this subsection as it has effect in relation to that subsection.
In its application by virtue of subsection (3) above, section 22 above shall have effect with the following modifications —
in subsection (1), for “the required copies of the document”there shall be substituted “two printed copies”,
subsection (1A) shall be omitted,
in subsection (3), for “In the case”there shall be substituted “One of the copies”and for “one of the printed copies, or as the case may be, the printed copy, of the document shall be”there shall be substituted “shall be a copy”, and
in subsection (4), for “In the case”there shall be substituted “One of the copies”and for “one of the printed copies, or, as the case may be, the printed copy of the report shall be”there shall be substituted “shall be a copy”.
Where any business proposed to be transferred as mentioned in Part I of Schedule 2C to this Act above is or includes industrial assurance business that Part of that Schedule shall have effect as if references to the Treasury included references to the Commissioner and the Commissioner for Northern Ireland.
Where any apportionment is made between the industrial assurance business and any other business carried on by the company in respect of management expenses, income from investments, gains or losses on the disposal of investments, appreciation or depreciation in the value of investments, or taxation, the auditor shall include in his report a special report as to the propriety or otherwise of the apportionment; and a copy of every report of the auditor shall be furnished to the Commissioner and the Commissioner for Northern Ireland.
The provisions of this Act relating to industrial assurance business shall have effect notwithstanding anything in the memorandum or articles of association or rules or special Act of any insurance company carrying on such business; but nothing in this Act shall affect the liability of the industrial assurance fund or of the ordinary long-term insurance fund, in the case of a company established in Great Britain before 1st January 1924 or in Northern Ireland before 1st January 1925, to the prejudice of persons interested in contracts entered into by the company before that date.
The Commissioner shall include in his annual report under section 44 of the Industrial Assurance Act 1923 a report on his proceedings under this Act, and that section shall have effect accordingly.
The requirements referred to in section 15(4) above are as follows.
Every underwriter shall, in accordance with the provisions of a trust deed approved by the Treasury, carry to a trust fund all premiums received by him or on his behalf in respect of any insurance business.
Premiums received in respect of long term business shall in no case be carried to the same trust fund under this section as premiums received in respect of general business, but the trust deed may provide for carrying the premiums received in respect of all or any classes of long term business and all or any classes of general business either to a common fund or to any number of separate funds.
The accounts of every underwriter shall be audited annually by an accountant approved by the Committee of . . . and the auditor shall furnish a certificate in the prescribed form to the Committee and the Treasury.
The statements so required in relation to the accounts of an underwriter are statements that in the opinion of the auditor—
the value of the assets available to meet the underwriter’s liabilities in respect of insurance business is correctly shown in the accounts; and
the value of those assets is sufficient to meet the liabilities calculated—
in the case of long term business by an actuary; and
in the case of other liabilities, by the auditor on a basis approved by the Treasury.
The Council of Lloyd’s and the Treasury shall be furnished with a certificate from the accountant who audits the accounts of an underwriter which—
is in the prescribed form; and
contains the statements mentioned in subsection (5) below.
Where any liabilities of an underwriter are calculated by an actuary under subsection (5) above, he shall furnish a certificate of the amount thereof to the Committee of Lloyd’s and to the Treasury, and shall state in his certificate on what basis the calculation is made; and a copy of his certificate shall be annexed to the auditor’s certificate.
The underwriter shall, when required by the Committee of Lloyd’s, furnish to them such information as they may require for the purpose of preparing the statement of business which is to be deposited with the Treasury under section 86 below.
Subject to such modifications as may be prescribed and to any determination made by the Treasury in accordance with regulations, sections 32, 33 and 35 above shall apply to the members of Lloyd’s taken together as they apply to an insurance company to which Part II of this Act applies and whose head office is in the United Kingdom.
The powers conferred on the Treasury or the Secretary of State by sections 38 to 41, 44 and 45 above shall be exercisable in relation to the members of Lloyd’s if there is a breach of an obligation imposed by virtue of subsection (1) above.
The powers conferred on the Treasury orthe Secretary of State which are exercisable in relation to UK companies by sections 38 to 41, 44 and 45 above shall be exercisable in relation to the members of Lloyd’s if there is a failure by Lloyd’s to satisfy an obligation to which it is subject by virtue of any provision of the law of another member Statewhich—.
gives effect to the general and long term insurance Directives; or
is applicable to the insurance activities of Lloyd’s in that State
Schedule 2C to this Actshall apply in relation to transfers to and from members of Lloyd’s if, and only if, the conditions specified in subsection (2) below are satisfied.
The conditions referred to in subsection (1) above are—
that the transfer is not one where both the transferor and the transferee are members of Lloyd’s;
that the Committee of Lloyd’s have by resolution authorised one person to act in connection with the transfer for the members concerned as transferor or transferee;
that a copy of the resolution has been given to the Treasury.
Where the provisions of Part I or II of Schedule 2C to this Act apply in relation to a transfer to or from members of Lloyd’s they shall apply as if—
references to a 'UK company’ included references to members of Lloyd’s;
anything done in connection with the transfer by the person authorised in accordance with subsection (2)(b) above had been done by the members for whom he acted.
Section 52A above shall apply as if the reference in subsection (1) to a UK company included a reference to members of Lloyd’s.
In this section references to a member of Lloyd’s include references to a former underwriting member of Lloyd’s (within the meaning of the Lloyd’s Act 1982) who has ceased to be a member of Lloyd’s, whether by resignation or otherwise, in accordance with the Lloyd’s Act 1982 and any byelaw made thereunder.
The Committee of Lloyd’s shall deposit every year with the Treasury a statement in the prescribed form summarising the extent and character of the insurance business done by the members of Lloyd’s in the twelve months to which the statement relates.
Regulations made for the purposes of this section may require the statement to deal separately with such classes or descriptions of business as may be specified in the regulations.
The provisions specified in subsection (2) below, if, apart from this section they would not so apply, shall apply in relation to an insurance company incorporated outside the United Kingdom which carries on insurance business within Great Britain or, as the case may be, Northern Ireland as they apply in relation to oversea companies within the meaning of the Companies Act or, as the case may be, companies to which Part XXIII of the Companies (Northern Ireland) Order 1986 applies.
The provisions referred to in subsection (1) above are—
sections 691, 692, 693(1), 695, 696 to 698, 700 to 703 and 708 of the Companies Act,
sections 9 to 11 and 37 of the Companies Act 1976,
Articles 641, 642, 643(1) and (2), 645, 646 to 648, 649 to 652 and 657 of the Companies (Northern Ireland) Order 1986.
Articles 11 to 13 of the Companies (Northern Ireland) Order 1978.
Every insurance company to which Part II of this Act applies, being a company which is not registered under the Companies Act, under the Companies (Northern Ireland) Order 1986 or under the former Companies Acts—
if it has not incorporated in its deed of settlement section 10 of the Companies Clauses Consolidation Act 1845, shall keep a shareholders address book in accordance with the provisions of that section and shall, on the application of any shareholder or policy holder of the company, furnish to him a copy of the book on payment of a sum not exceeding 2½p for every hundred words required to be copied;
shall cause a sufficient number of copies of its deed of settlement to be printed and shall, on the application of any shareholder or policy holder of the company, furnish to him one of those copies on payment of a sum not exceeding 5p.
Any insurance company which makes default in complying with this section shall be guilty of an offence and liable on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and, on summary conviction in Northern Ireland to a fine not exceeding £400.
Section 716 of the Companies Act (which in certain cases forbids the formation otherwise than under that Act of a company, association or partnership consisting of more than twenty persons) shall be deemed not to have invalidated the formation of any insurance company which immediately before 3rd November 1966 was carrying on in Great Britain insurance business of any class relevant for the purposes of Part I of the Insurance Companies Act 1974 and was carrying on business of that class on 25th July 1973.
In subsection (1) above the reference to the said section 716 includes a reference to any corresponding enactment previously in force.
Schedule 2F to this Act (which makes provision for or in connection with the recognition in the United Kingdom of EC and EFTA companies) shall have effect.
Schedule 2G to this Act (which makes provision for or in connection with the recognition in other EEA States of UK insurers) shall have effect.
Before entering into a contract for the provision of insurance in the United Kingdom, the insurance company shall inform the policy holder of the member State in which the establishment is situated through which the risk or commitmentis to be covered; and any document issued to the policy holder by the company shall also contain that information. The requirements of this subsection do not apply where the contract is for the coverage of large risks only.
An insurance company providing insurance in the United Kingdom shall ensure that— are stated on any policy or ot1her document under the terms of which insurance is granted, and on the insurance proposal if statements in the proposal bind the proposer.
the address of the establishment through which the risk or commitmentis or is to be covered, and
the address of the company’s head office, and
where the insurance relates to relevant motor vehicle risks, the name and address of the claims representative,
An insurance company shall not provide insurance in the United Kingdom to cover relevant motor vehicle risks unless—
it is a member of the Motor Insurers’ Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946); and
it has appointed a claims representative who satisfies the requirements of subsections (2) to (6) below.
The claims representative must be a person who has been designated as the insurance company’s claims representative for the purposes of this section.
The claims representative must be authorised— but the authority must not extend to the settlement of relevant claims.
to act on behalf of the insurance company and to represent, or to instruct others to represent, the insurance company in relation to any matters giving rise to relevant claims;
to pay sums in settlement of relevant claims; and
to accept service on behalf of the insurance company of proceedings in respect of relevant claims;
The claims representative must be authorised to represent the insurance company in any proceedings or enquiry to establish the existence or validity of a policy issued by the insurance company which covers or purports to cover relevant motor vehicle risks.
Without prejudice to subsection (3) above, the claims representative must not act on behalf of the insurance company in the carrying on of its general business in the United Kingdom other than its reinsurance business, if any.
The claims representative must—
in the case of an individual, be resident in the United Kingdom;
in the case of a corporation, have a place of business in the United Kingdom.
In this section “relevant claim" means any claim which may be made against a policy issued by the insurance company to the extent that it covers relevant motor vehicle risks, whether or not submitted to the company and whether by a policyholder or by a third party having rights of action against the company or a policyholder or both.
Where it appears to the Secretary of State that an insurance company providing insurance in the United Kingdom has failed to comply with any provision of this Act, he may require it to take such steps as he may specify to comply with that provision.
If the company fails to comply with a requirement under subsection (1), the Secretary of State shall notify the competent authorities of the member State of establishment.
If such a company persists in contravening a provision of this Act which has been the subject of a requirement under subsection (1), the Secretary of State may, after informing the competent authorities of the member State of establishment, direct the company to cease to provide insurance, or insurance of any specified description, in the United Kingdom.
After giving such a direction, the Secretary of State shall by notice in writing inform the company of his reasons for doing so.
A direction under this section does not prevent the company from effecting a contract of insurance in pursuance of a term of a subsisting contract of insurance.
A requirement or direction under this section may be varied or revoked by the Secretary of State.
The Secretary of State may, for the purpose of facilitating the exercise by him of his functions under section 81D, require an insurance company providing insurance in the United Kingdom to furnish him, at specified times or intervals, with information about such matters as he may specify being, if he so requires, information verified in a specified manner.
Where an insurance company is providing insurance in the United Kingdom and the Secretary of State is notified by the competent authorities of the member State of establishment, or of the company’s head office, that the authorisation of the company has been withdrawn in accordance with
Article 22 of the first general insurance Directive; or
Article 26 of the first long term insurance Directive, he may direct the company to cease to provide insurance, or insurance of any specified description, in the United Kingdom through all, or any specified, establishments.
After giving such a direction, the Secretary of State shall by notice in writing inform the company of his reasons for doing so.
A direction under this section does not prevent the company from effecting a contract of insurance in pursuance of a term of a subsisting contract of insurance.
Where an insurance company intends to provide insurance in a member State other than the United Kingdom and— it shall before doing so notify the Secretary of State of its intention.
its head office is situated in the United Kingdom, or
the insurance is to be provided through an establishment in the United Kingdom,
The notification shall indicate—
the member State in which the insurance is to be provided,
the nature of the risks or commitmentswhich the company proposes to cover, and
where the company’s head office is situated in the United Kingdom, the member State in which the establishment through which the risks or commitmentswill be covered is situated.
Where the company intends to provide insurance in more than one member State, the information specified above may be contained in a single notification but must be set out separately in relation to each member State.
Where a company has duly notified the Secretary of State of its intention to provide insurance in another member State where administrative authorisation is required for the provision of insurance, then, if the original notification related— and the company subsequently intends to extend its activities to risks or commitments falling within the other category, it shall before doing so comply with subsections (1) to (3) above in relation to those risks or commitments.
only to risks or commitments in respect of which such authorisation is required, or
only to risks or commitments in respect of which such authorisation is not required,
An insurance company whose head office is situated in the United Kingdom and which intends to provide insurance in another member State may apply to the Secretary of State for a certificate attesting—
that the company possesses for its activities as a whole the minimum solvency margin calculated in accordance with the relevant provisions, and
the company’s authorisation to carry on business in the United Kingdom, issued in accordance with Article 7(1) of therelevant Directive, enables the company to operate outside the member State of establishment.
In subsection (1) above “the relevant Directive" and “the relevant provisions" mean respectively–
if the company intends to cover risks, the first general insurance Directive and Articles 16 and 17 of that Directive;
if the company intends to cover commitments, the first long term insurance Directive and Articles 18, 19 and 20 of that Directive.
insurance company which intends to provide insurance in another member State through an establishment in the United Kingdom may apply to the Secretary of State for a certificate—
indicating the classes of insurance business which the company has been authorised to carry on in the United Kingdom, and
stating that the Secretary of State does not object to the company providing the insurance.
If it appears to the Secretary of State that a certificate applied for under subsection (1) or (2) ought to be issued, he shall issue the certificate accordingly.
If the Secretary of State refuses to issue a certificate, he shall inform the company in writing of his decision and of the reasons for it.
The Secretary of State shall not approve a transfer on an application under section 51(1) above (transfer of general business to another company in the United Kingdom) relating to policies written by way of provision of insurance in another member State unless—
the transferee fulfils the conditions in Articles 13 to 16 of the second general insurance Directive in the member State where the risk is situated, and
the supervisory authorities of that member State agree to the transfer.
The Secretary of State may approve a transfer on an application under section 51(1) above notwithstanding the provisions of paragraphs (a)(ii) and (b) of subsection (4) of that section (which require the transferee to be carrying on insurance business in the United Kingdom and to be authorised under section 3 or 4 above) where he is satisfied that—
the transfer relates to policies covering risks situated in another member State,
the transferee is an insurance company established in another member State and the supervisory authorities of that member State agree to the transfer, and
where the risk is not situated in the transferee’s member State of establishment—
the transferee fulfils the conditions in Articles 13 to 16 of the second general insurance Directive in the member State where the risk is situated,
the law of that member State provides for the possibility of such a transfer, and
the supervisory authorities of that member State agree to the transfer.
An instrument giving effect to any such transfer as is mentioned in subsection (1) or (2) above shall not bind a policy holder whose policy is included in the instrument unless notice of the execution of the instrument has been published, in a manner directed by the Secretary of State, in the member State in which the risk is situated.
An insurance company commits an offence if it—
provides insurance in the United Kingdom in contravention of section 81B, or
makes default in complying with, or with a requirement imposed under, any other provision of this Part.
A person commits an offence if—
in purported compliance with a requirement under section 81E he furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular, or
he causes or permits to be included in— a statement which he knows to be false in a material particular or recklessly causes or permits to be so included a statement which is false in a material particular.
a document required by section 81B to be sent to the Secretary of State, or
a notification sent to the Secretary of State under section 81G,
A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Regulations may be made with respect to the determination of the value of assets and the amount of liabilities in any case in which the value or amount is required by any provision of this Act to be determined in accordance with valuation regulations.
Without prejudice to the generality of subsection (1) above, regulations under this section may provide that, for any specified purpose, assets or liabilities of any specified class or description shall be left out of account or shall be taken into account only to a specified extent.
Regulations under this section may make different provision in relation to different cases or circumstances and for the purposes of different enactments.
Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, chief executive, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against and punished accordingly.
For the purposes of this section a person shall be deemed to be a director of a body corporate if he is a person in accordance with whose directions or instructions the directors of the body corporate or any of them act.
Proceedings for an offence alleged to have been committed under this Act by an unincorporated body shall be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents shall have effect as if that body were a corporation.
A fine imposed on an unincorporated body on its conviction of an offence under this Act shall be paid out of the funds of that body.
In a case in which an unincorporated body is charged with an offence under this Act— shall have effect in like manner as they have effect in the case of a corporation so charged.
in England or Wales, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation);
in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (procedure on charge of offence against a corporation)
In relation to any proceedings on indictment in Scotland for an offence alleged to have been committed under this Act by an unincorporated body, section 70 of the Criminal Procedure (Scotland) Act 1995 (proceedings on indictment against bodies corporate) shall have effect as if that body were a body corporate.
Proceedings in respect of an offence under this Act shall not be instituted—
in England or Wales, except by or with the consent of the Treasury, the Secretary of State, the Industrial Assurance Commissioner or the Director of Public Prosecutions,
in Northern Ireland, except by or with the consent of the Treasury,the Secretary of State, the Department of Commerce for Northern Ireland or the Director of Public Prosecutions for Northern Ireland.
Summary proceedings for any offence under this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against a body corporate at any place at which the body has a place of business, and against any other person at any place at which he is for the time being.
Notwithstanding anything in section 127 of the Magistrates’ Courts Act 1980, an information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time within three years after the commission of the offence and within twelve months after the date on which evidence sufficient, in the opinion of the Director of Public Prosecutions, the Treasury,the Secretary of State or the Industrial Assurance Commissioner, as the case may be, to justify the proceedings comes to his or their knowledge.
Summary proceedings in Scotland for an offence under this Act shall not be commenced after the expiration of three years from the commission of the offence.
Subject to the limitation in subsection (3) above and notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995, the proceedings referred to in that subsection may be commenced at any time within twelve months after the date on which evidence sufficent in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or, where such evidence was reported to him by the Treasury,the Secretary of State or the Industrial Assurance Commissioner, within twelve months after the date on which it came to the knowledge of the Treasury, Secretary of State or Commissioner.
Subsection (3) of section 136 of the said Act of 1995shall apply for the purposes of subsections (3) and (4) above as it applies for the purposes of that section.
Notwithstanding anything in Article 19(1) of the Magistrates’ Courts (Northern Ireland) Order 1981, a complaint relating to an offence under this Act which is triable by a court of summary jurisdiction in Northern Ireland may be so tried if it is made at any time within three years after the commission of the offence and within twelve months after the date on which evidence sufficient, in the opinion of the Director of Public Prosecutions for Northern Ireland ,the Treasury the Secretary of State or the Department of Commerce for Northern Ireland as the case may be, to justify the proceedings comes to his or that Department’s knowledge.
For the purposes of this section a certificate of the Director of Public Prosecutions, the Lord Advocate, the Director of Public Prosecutions for Northern Ireland , the Treasury the Secretary of State, the Department of Commerce for Northern Ireland or the Industrial Assurance Commissioner, as the case may be, as to the date on which such evidence as aforesaid came to his, or that Department’s, knowledge shall be conclusive evidence.
For the purposes of this Act “insurance business” includes—
the effecting and carrying out, by a person not carrying on a banking business, of contracts for fidelity bonds, performance bonds, administration bonds, bail bonds or customs bonds or similar contracts of guarantee, being contracts effected by way of business (and not merely incidentally to some other business carried on by the person effecting them) in return for the payment of one or more premiums;
the effecting and carrying out of tontines;
the effecting and carrying out, by a body (not being a body carrying on a banking business) that carries on business which is insurance business apart from this paragraph, of—
capital redemption contracts;
contracts to manage the investments of pension funds (other than funds solely for the benefit of its own officers or employees and their dependants or, in the case of a company, partly for the benefit of those persons and partly for the benefit of officers or employees and their dependants of its subsidiary or holding company or a subsidiary of its holding company);
the effecting and carrying out of contracts to pay annuities on human life.
In this Act, unless the context otherwise requires—
“daughter” includes step-daughter and
“controller” has the meaning given in section 96C below;
“annuities on human life” does not include superannuation allowances and annuities payable out of any fund applicable solely to the relief and maintenance of persons engaged or who have been engaged in any particular profession, trade or employment, or of the dependants of such persons;
“subsidiary”, except in section 57, shall be construed in accordance with section 736 of the Companies Act or Article 4 of the Companies (Northern Ireland) Order 1986:
where the policy holder is an individual, the member State in which he had his habitual residence at that date; or
in relation to capital redemption business, includes any policy, bond, certificate, receipt or other instrument evidencing the contract with the company;
References in this Act to a fund or funds maintained in respect of long term business are references to a fund or funds maintained under section 28(1)(b) above and in sections 48(3) and 55(6) above include references to a fund or funds maintained under section 3(1) of the Insurance Companies Act 1958 or section 14(1) of the Insurance Companies Act (Northern Ireland) 1968.
A person shall not be deemed to be within the meaning of any provision of this Act a person in accordance with whose directions or instructions the directors of a company or other body corporate or any of them are accustomed to act by reason only that the directors of the company or body act on advice given by him in a professional capacity.
Any reference in this Act to an enactment of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly shall include a reference to any enactment re-enacting it with or without modifications.
Any reference in this Act— shall be construed in accordance with regulation 2 of the Financial Institutions (Prudential Supervision) Regulations 1996).
to an undertaking being closely linked with any person, or being closely linked with any person by control; or
to an undertaking’s close links with any person,
Except as otherwise provided by paragraph 27 of Schedule 2F to this Act, this Act shall apply as if Gibraltar were a member State.
In this Act— and “the general insurance Directives” means those Directives as amended and such other Directives as make provision with respect to the business of direct insurance other than life assurance.
“the first general insurance Directive” means Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance;
“the second general insurance Directive” means Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC;
'the third general insurance Directive’ means Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC ;
The Directives amending the general insurance Directives referred to in subsection (1) above include Council Directive 90/618/EEC amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC.
In this Act– and “the long term insurance Directives” means those Directives.
“the first long term insurance Directive” means Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance;
“the second long term insurance Directive” means Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC;
'the third long term insurance Directive’ means Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267 EEC and 90/619/EEC ;
Any reference in this Act to the first or third general insurance Directive, or to the first or third long term insurance Directive, is a reference to that Directive as amended by the Prudential Supervision Directive (within the meaning of the Financial Institutions (Prudential Supervision) Regulations 1996).
In this Act, in relation to an insurance company, 'establishment’ means the head office or a branch of the company; and references to a company being established in a State mean that the company has its head office or a branch there. Any permanent presence of an insurance company in a State other than that in which it has its head office shall be regarded as a single branch, whether that presence consists of a single office which, or two or more offices each of which—
is managed by the company’s own staff;
is an agency of the company; or
is managed by a person who is independent but has permanent authority to act for the company in the same way as an agency.
References in this Act to the member State where the risk is situated are—
where the insurance relates to buildings or to buildings and their contents (in so far as the contents are covered by the same policy), to the member State in which the property is situated;
where the insurance relates to vehicles of any type, to the member State of registration;
in the case of policies of a duration of four months or less covering travel or holiday risks (whatever the class concerned), to the member State where the policy holder took out the policy;
in a case not covered by paragraphs (a) to (c)—
where the policy holder is an individual, to the member State where he has his habitual residence at the date when the contract is entered into;
otherwise, to the member State where the establishment of the policy holder to which the policy relates is situated at that date.
In this Act references to the provision of insurance in the United Kingdom or any other EEA State are references to either or both of the following—
the covering (otherwise than by way of reinsurance) of a risk situated there through an establishment in another EEA State ('the provision of general insurance’); and
the covering (otherwise than by way of reinsurance) of a commitment situated there through an establishment in another EEA State ('the provision of long term insurance’).
In this Act the “ECU” means the unit of account of that name defined in Council Regulation (EEC) No. 3180/78 as amended. The exchange rates as between the ECU and the currencies of the member States to be applied for each year beginning on 31st December shall be the rates applicable on the last day of the preceding October for which rates for the currencies of all the member States were published in the Official Journal of the Communities.
In this Act “large risks” means—
risks falling within classes 4, 5, 6, 7, 11 and 12 of Part I of Schedule 2;
risks falling within classes 14 and 15 of that Part which relate to a business carried on by the policy holder;
risks falling within classes 3, 8, 9, 10, 13 and 16 of that Part where the policy holder carries on a business in respect of which the condition specified in subsection (2) below is met.
The condition referred to in subsection (1)(c) is that at least two of the three following criteria were exceeded in the most recent financial year for which the information is available: First stage: until 31st December 1992— balance sheet total: 12.4 million ECU net turnover: 24 million ECU number of employees: 500; Second stage: from 1st January 1993— balance sheet total: 6.2 million ECU net turnover: 12.8 million ECU number of employees: 250.
For the purposes of subsection (2) as it applies to a company within the meaning of section 735(1) of the Companies Act 1985 or Article 3 of the Companies (Northern Ireland) Order 1986— and for a financial year which is a company’s financial year but not in fact a year, the net turnover of the company shall be proportionately adjusted.
“balance sheet total” has the meaning given by section 247(5) of that Act or Article 255(5) of that Order,
“net turnover” has the meaning given to “turnover” by section 262(1) of that Act or Article 270(1) of that Order, and
“number of employees” has the meaning given by section 247(6) of that Act or Article 255(6) of that Order;
Where the policy holder is a member of a group for which consolidated accounts (within the meaning of Directive 83/349/EEC are drawn up, the question whether the condition in subsection (2) is met shall be determined by reference to those accounts.
For the purposes of subsection (1)(c) as it applies where the policy holder is a professional association, joint venture or temporary grouping, the question whether the condition in subsection (2) is met shall be determined by reference to the aggregate of the relevant figures for all the members of the professional association, joint venture or temporary grouping.
In this section “business” includes a trade or profession and, for the purposes of subsection (1)(c), any activity of a professional association, joint venture or temporary grouping.
In this Act 'controller’, in relation to an insurance company, means—
a managing director of the company or of a body corporate of which the company is a subsidiary;
a chief executive of the company or of a body corporate, being an insurance company, of which the company is a subsidiary;
a person in accordance with whose directions or instructions the directors of the company or of a body corporate of which it is a subsidiary are accustomed to act;
in the case of UK company, a person who satisfies the requirements of subsection (2) below; or
except in the case of a UK company, a person who either alone or with any associate or associates is entitled to exercise, or control the exercise of, 15 per cent. or more of the voting power at any general meeting of the company or of a body corporate of which it is a subsidiary.
A person satisfies the requirements of this subsection in relation to a UK company if, either alone or with any associate or associates—
he holds 10 per cent. or more of the shares in the company or another company of which it is a subsidiary undertaking;
he is entitled to exercise, or control the exercise of, 10 per cent.or more of the voting power at any general meeting of the company or another company of which it is a subsidiary undertaking; or
he is able to exercise a significant influence over the management of the company or another company of which it is such an undertaking by virtue of— the company or, as the case may be, that other company.
a holding of shares in; or
an entitlement to exercise, or to control the exercise of, the voting power at any general meeting of,
In this Act— 'shareholder controller’ means a person who is a controller of a UK company by virtue of subsection (2) above; '10 per cent. shareholder controller’ means a shareholder controller in whose case the percentage referred to in subsection (2) above is 10 or more but less than 20; '20 per cent. shareholder controller’ means a shareholder controller in whose case that percentage is 20 or more but less than 33; '33 per cent. shareholder controller’ means a shareholder controller in whose case that percentage is 33 or more but less than 50; '50 per cent. shareholder controller’ means a shareholder controller in whose case that percentage is 50; 'majority shareholder controller’ means a shareholder controller whose shareholding is such that the UK company is his subsidiary undertaking.
For the purpose of determining for the purposes of this Act whether any person is a controller of an insurance company or is a shareholder controller, or a shareholder controller of any particular description, of a UK company, 'associate’ means, subject to subsection (5) below—
the wife or husband or minor son or daughter of that person;
the trustees of any settlement under which that person has a life interest in possession, or, in Scotland, a life interest;
any company of which that person is a director;
any person who is an employee or partner of that person;
if that person is a company—
any director of that company;
any subsidiary undertaking of that company;
any director or employee of any such subsidiary undertaking; and
if that person has made an agreement or arrangement with any other person—
with respect to the acquisition, holding or disposal of shares or other interests in the company concerned or another company of which it is a subsidiary undertaking; or
under which they undertake to act together in exercising their voting power in relation to the company concerned or another company of which it is such an undertaking, that other person.
For the purpose of determining for the purposes of this Act whether any person is a controller of an insurance company other than a UK company, subsection (4) above shall have effect as if—
paragraphs (b) and (f) were omitted; and
in paragraph (e), for the words 'subsidiary undertaking’, in both places where they occur, there were substituted the word 'subsidiary’.
In this section— 'settlement’ includes any disposition or arrangement under which property is held in trust; 'share’ has the same meaning as in Part VII of the Companies Act or Part VIII of the Companies (Northern Ireland) Order 1986 ; 'son’ includes stepson and 'daughter’ includes stepdaughter.
Any reference in this section to a UK or non-EC company includes a reference to a company which, if any authorisation sought by it were issued, would be such a company.
In this Act 'manager’—
in relation to a UK company, means any person (other than an employee of the company) appointed by the company to manage any part of its business, or any employee of the company (other than a chief executive) who, under the immediate authority of a director or chief executive of the company—
exercises managerial functions, or is responsible for maintaining accounts or other records of the company; and
is not a person whose functions relate exclusively to business conducted from a place of business which is not in a member State;
in relation to an insurance company which is not a UK company, means an employee of the company (other than a chief executive) who, under the immediate authority of a director or chief executive of the company—
exercises managerial functions, or is responsible for maintaining accounts or other records of the company; and
is not a person whose functions relate exclusively to business conducted from a place of business outside the United Kingdom.
In this Act 'chief executive’, in relation to an insurance company or body corporate, means an employee of that company or body corporate, who, either alone or jointly with others, is responsible under the immediate authority of the directors for the conduct of the whole of the insurance business of that company or body corporate.
In this Act 'main agent’—
in relation to a UK company, means a person appointed by the company to be its agent in respect of general business in one or more member States, with authority to enter into contracts on behalf of the company in any financial year—
without limit on the aggregate amount of premiums; or
with a limit in excess of 10 per cent. of the premium limit as determined in accordance with subsections (3) to (6) below;
in relation to an insurance company which is not a UK company, means, subject to such exceptions as may be prescribed, a person appointed by the company to be its agent in respect of general business in the United Kingdom, with authority to enter into contracts on behalf of the company in any financial year—
without limit on the aggregate amount of premiums; or
with a limit in excess of 10 per cent. of that premium limit.
A person shall not be regarded as falling within subsection (1)(a)(i) above in relation to a financial year unless—
the company is of the opinion that the aggregate amount of premiums, on contracts entered into by him on behalf of the company in that year in respect of general business in the member State or States concerned, will be in excess of 10 per cent. of the premium limit as determined in accordance with subsections (3) to (6) below; or
the aggregate amount of premiums, on contracts so entered into, actually is in excess of 10 per cent. of that premium limit.
Subject to subsections (4) and (5) below, the premium limit for the purposes of this section is the aggregate of the amounts of gross premiums shown in the annual accounts relating to the company’s business last deposited under section 22 above as receivable in respect of general business in the financial year to which the accounts relate.
If the accounts so deposited relate to a financial year which is not a period of 12 months, the aggregate of the amounts of gross premiums shown in the accounts as receivable in that financial year shall be divided by the number of months in that financial year and multiplied by twelve.
If no accounts have been deposited under section 22 above the aggregate amount of gross premiums shall be the amount or, if more than one amount, the lower or lowest amount, shown in respect of gross premiums relating to the company’s business in the financial forecast last submitted by the company in accordance with regulations made for the purposes of section 5(1)(a) above.
Any reference in subsection (3) or (5) above to the company’s business is, in the case of an insurance company which is not a UK company, a reference to its business in the United Kingdom.
In this Act 'claims representative’, in relation to an insurance company and an EEA State, means a person who—
has been designated as the company’s representative in that EEA State ('the EEA State concerned’); and
satisfies the requirements mentioned in subsections (2) to (5) below.
The claims representative must be authorised— but the authority must not extend to the settlement of relevant claims.
to act on behalf of the company and to represent, or to instruct others to represent, the company in relation to any matters giving rise to relevant claims;
to pay sums in settlement of relevant claims;
to accept service on behalf of the company of proceedings in respect of relevant claims;
The claims representative must be authorised to represent the company in any proceedings or enquiry to establish the existence or validity of a policy issued by the company which covers or purports to cover relevant motor vehicle risks in the EEA State concerned.
Without prejudice to subsection (2) above, the claims representative must not act on behalf of the company in the carrying on in the EEA State concerned of its general business (other than its reinsurance business, if any).
The claims representative must—
in the case of an individual, be resident in the EEA State concerned;
in the case of a corporation, have a place of business in that EEA State.
In this section 'relevant claim’ means any claim which may be made against a policy issued by the company to the extent that it covers relevant motor vehicle risks situated in the EEA State concerned, whether or not submitted to the company and whether by a policy holder or by a third party having rights of action against the company or a policy holder or by both.
The law applicable to a contract of insurance the effecting of which constitutes general business, and which covers risks situated in the United Kingdom or another member State, shall be determined in accordance with the provisions of Part I of Schedule 3A to this Act.
The law applicable to a contract of insurance to which Article 1 of the first long term insurance Directive applies shall be determined in accordance with the provisions of Part II of Schedule 3A to this Act if–
where the policy holder is an individual, he is habitually resident in a member State; or
where the policy holder is not an individual, the establishment of the policy holder to which the contract relates is situated in a member State.
Subsections (1) and (1A) above do not apply in relation to a contract of reinsurance.
The Treasury may make regulations under this Act for any purpose for which regulations are authorised or required to be made thereunder.
Regulations under this Act may make different provision for cases of different descriptions.
Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.
Any statutory instrument containing regulations under this Act , except regulations under section 21A(3), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Treasury shall cause a general annual report of matters within this Act to be laid before Parliament.
The saving and transitional provisions specified in Schedule 4 to this Act shall have effect.
The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of that Act.
The enactments mentioned Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Insurance Companies Act 1982.
Subject to Schedule 4 to this Act, this Act shall come into force at the expiration of the period of three months beginning with the date on which it is passed.
This Act extends to Northern Ireland.
When documents are deposited under section 22(1) above the company concerned shall pay to the Treasurysuch fee as may be prescribed.
In the case of a company for which a fee is prescribed, documents shall not be taken to have been deposited under section 22(1) until the company has paid the fee.
When a statement is deposited under section 86(1) above the Council of Lloyd’s shall pay to the Treasurysuch fee as may be prescribed.
In making regulations for the purposes of subsections (1) and (3) above the Treasury shall have regard to the object of securing (so far as practicable) that the amount of the fees payable in any relevant period by insurance companies and the Council of Lloyd’s is equal to the cost incurred, or likely to be incurred, in the period by the Treasury in exercising relevant functions.
This section does not apply where documents are, or a statement is, deposited before 1st April 1986, and in subsection (4) above ''relevant period’’ means the period of twelve months beginning with 1st April 1986 and each successive period of twelve months beginning with 1st April.
In subsection (4) above “relevant functions” means such functions of the Treasury in relation to insurance companies and the members of Lloyd’s as may be prescribed.
Sums received by the Treasury under this section shall be paid into the Consolidated Fund.
Section 1. Number Description Nature of business I Life and annuity. Effecting and carrying out contracts of insurance on human life or contracts to pay annuities on human life, but excluding (in each case) contracts within Class III below. II Marriage and birth. Effecting and carrying out contracts of insurance to provide a sum on marriage or on the birth of a child, being contracts expressed to be in effect for a period of more than one year. III Linked long term. Effecting and carrying out contracts of insurance on human life or contracts to pay annuities on human life where the benefits are wholly or partly to be determined by reference to the value of, or the income from, property of any description (whether or not specified in the contracts) or by reference to fluctuations in, or in an index of, the value of property of any description (whether or not so specified). IV Permanent health. Effecting and carrying out contracts of insurance providing specified benefits against risks of persons becoming incapacitated in consequence of sustaining injury as a result of an accident or of an accident of a specified class or of sickness or infirmity, being contracts that— (a) are expressed to be in effect for a period of not less than five years, or until the normal retirement age for the persons concerned, or without limit of time, and (b) either are not expressed to be terminable by the insurer, or are expressed to be so terminable only in special circumstances mentioned in the contract. V Tontines. Effecting and carrying out tontines. VI Capital redemption. Effecting and carrying out capital redemption contracts. VII Pension fund management. Effecting and carrying out— (a) contracts to manage the investments of pension funds, or (b) contracts of the kind mentioned in paragraph (a) above that are combined with contracts of insurance covering either conservation of capital or payment of a minimum interest. VIII Collective insurance etc. Effecting and carrying out contracts of a kind referred to in Article 1(2)(e) of the first long term insurance Directive. IX Social insurance Effecting and carrying out contracts of a kind referred to in Article 1(3) of the first long term insurance Directive.
Sections 1 and 3.
Number Description Nature of business 1 Accident. Effecting and carrying out contracts of insurance providing fixed pecuniary benefits or benefits in the nature of indemnity (or a combination of both) against risks of the person insured or, in the case of a contract made by virtue of section 140, 140A or 140B of the Local Government Act 1972 . . ., a person for whose benefit the contract is made— (a) sustaining injury as the result of an accident or of an accident of a specified class, or (b)dying as the result of an accident or of an accident of a specified class, or (c)becoming incapacitated in consequence of disease or of disease of a specified class, inclusive of contracts relating to industrial injury and occupational disease but exclusive of contracts falling within class 2 below or within class IV in Schedule 1 to this Act (permanent health). 2 Sickness. Effecting and carrying out contracts of insurance providing fixed pecuniary benefits or benefits in the nature of indemnity (or a combination of the two) against risks of loss to the persons insured attributable to sickness or infirmity, but exclusiove of contracts falling within class IV in Schedule 1 to this Act. 3 Land vehicles. Effecting and carrying out contracts of insurance against loss of or damage to vehicles used on land, including motor vehicles but excluding railway rolling stock. 4 Railway rolling stock. Effecting and carrying out contracts of insurance against loss of or damage to railway rolling stock. 5 Aircraft. Effecting and carrying out contracts of insurance upon aircraft or upon the machinery, tackle, furniture or equipment of aircraft. 6 Ships. Effecting and carrying out contracts of insurance upon vessels used on the sea or on inland water, or upon the machinery, tackle, furniture or equipment of such vessels. 7 Goods in transit. Effecting and carrying out contracts of insurance against loss of or damage to merchandise, baggage and all other goods in transit, irrespective of the form of transport. 8 Fire and natural forces. Effecting and carrying out contracts of insurance against loss of or damage to property (other than property to which classes 3 to 7 above relate) due to fire, explosion, storm, natural forces other than storm, nuclear energy or land subsidence. 9 Damage to property. Effecting and carrying out contracts of insurance against loss of or damage to property (other than property to which classes 3 to 7 above relate) due to hail or frost or to any event (such as theft) other than those mentioned in class 8 above. 10 Motor vehicle liability. Effecting and carrying out contracts of insurance against damage arising out of or in connection with the use of motor vehicles on land, including third-party risks and carrier’s liability. 11 Aircraft liability. Effecting and carrying out contracts of insurance against damage arising out of or in connection with the use of aircraft, including third-party risks and carrier’s liability. 12 Liability for ships. Effecting and carrying out contracts of insurance against damage arising out of or in connection with the use of vessels on the sea or on inland water, including third-party risks and carrier’s liability. 13 General liability. Effecting and carrying out contracts of insurance against risks of the persons insured incurring liabilities to third parties, the risks in question not being risks to which class 10, 11 or 12 above relates. 14 Credit. Effecting and carrying out contracts of insurance against risks of loss to the persons insured arising from the insolvency of debtors of theirs or from the failure (otherwise than through insolvency) of debtors of theirs to pay their debts when due. 15 Suretyship. Effecting and carrying out— (a) contracts of insurance against risks of loss to the persons insured arising from their having to perform contracts of guarantee entered into by them; (b) contracts for fidelity bonds, performance bonds, administration bonds, bail bonds or customs bonds or similar contracts of guarantee. 16 Miscellaneous financial loss. Effecting and carrying out contracts of insurance against any of the following risks, namely— (a) risks of loss to the persons insured attributable to interruptions of the carrying on of business carried on by them or to reduction of the scope of business so carried on; (b) risks of loss to the persons insured attributable to their incurring unforeseen expense (other than loss such as is covered by contracts falling within class 18 below); (c) risks neither falling within paragraph (a) or (b) above nor being of a kind such that the carrying on of the business of effecting and carrying out contracts of insurance against them constitutes the carrying on of insurance business of some other class. 17 Legal expenses. Effecting and carrying out contracts of insurance against risks of loss to the persons insured attributable to their incurring legal expenses (including costs of litigation). 18 Assistance Effecting and carrying out contracts of insurance providing either or both of the following benefits, namely— (a) assistance (whether in cash or in kind) for persons who get into difficulties while travelling, while away from home or while away from their permanent residence, or (b) assistance (whether in cash or in kind) for persons who get into difficulties otherwise than as mentioned in paragraph (a) above.
Number Description Nature of business 1 Accident and health. Classes 1 and 2. 2 Motor. Class 1 (to the extent that the relevant risks are risks of the person insured sustaining injury, or dying, as the result of travelling as a passenger) and classes 3, 7 and 10. 3 Marine and transport. Class 1 (to the said extent) and classes 4, 6, 7 and 12. 4 Aviation. Class 1 (to the said extent) and classes 5, 7 and 11. 5 Fire and other damage to property. Classes 8 and 9. 6 Liability. Classes 10, 11, 12 and 13. 7 Credit and suretyship. Classes 14 and 15. 8 General. All classes.
Section 7.
Subject to the following provisions of this Schedule, the premium limit for the purposes of section 7(6) above is the aggregate of the amounts of gross premiums shown in the annual accounts relating to the business of the applicant in the United Kingdom last deposited under section 22 above as receivable in respect of general business in the financial year to which the accounts relate.
If the accounts so deposited relate to a financial year which is not a period of 12 months, the aggregate of the amounts of gross premiums shown in the accounts as receivable in that financial year shall be divided by the number of months in that financial year and multiplied by twelve.
If no accounts have been deposited under section 22 above the aggregate amount of gross premiums shall be the amount or, if more than one amount, the lower or lowest amount, shown in respect of gross premiums relating to the business of the applicant in the United Kingdom in the financial forecast last submitted by the applicant in accordance with regulations made for the purposes of section 5(1)(a) above.
Section 99(1).
The repeal by the Insurance Companies Amendment Act 1973 of sections 65, 68 and 80 and subsection (1)(f) of section 109 of the Companies Act 1967 shall not affect— and the said Act of 1967 shall have effect in relation to any such requirement, direction or powers as if the said Act of 1973, the Insurance Companies Act 1974 and this Act had not been passed.
any requirement or direction imposed or given under any of those sections before 25th July 1973;
the giving of a direction under the said section 68 in any case in which a notice has been served under subsection (3) of that section before that date; or
the exercise by an officer of any powers under the said section 109 in a case in which he has been authorised before that date to exercise them;
for subsection (1)(a) there were substituted—;
subsection (2) were omitted.
an adjustment shall be made to that previously established surplus so as to make it as nearly as may be comparable with the first-mentioned surplus, and
the relevant minimum shall be determined on the basis of that adjustment and an analogous adjustment of the allocation from that previously established surplus.
was carrying on long term business in the United Kingdom immediately before 1st January 1982, and
has not after that date obtained an authorisation under the Insurance Companies Act 1981 for a class of long term business for which on 1st January 1982 it was not authorised under that Act, and
does not after the commencement of this Act obtain an authorisation under this Act for a class of long term business for which on 1st January 1982 it was not authorised under the Insurance Companies Act 1981.
. . .Section 36 of this Act shall not take effect until the first regulations under the said section . . .36 come into operation.
For the purposes of section 37(2)(f) of this Act, a scheme of operations submitted pursuant to regulation 5 of the Insurance Companies (Authorisation and Accounts: General Business) Regulations 1978 shall be regarded as a proposal or forecast submitted in accordance with section 5 of this Act.
Where a requirement under section 29 of the Insurance Companies Act 1974 was in force immediately before 1st January 1982—
that requirement shall continue in force,
any requirement imposed under sections 30 to 37 of that Act on the company concerned, if it was in force immediately before that day, shall continue in force, and
section 47(1) of this Act shall apply to any requirement that continues in force under sub-paragraph (a) or (b) above.
A deposit made under regulation 6 of the Insurance Companies (Solvency: General Business) Regulations 1977 shall, in so far as it remained with the Accountant General of the Supreme Court immediately before 1st January 1982, be regarded as having been made under section 9(1)(c) of this Act.
Where— then, notwithstanding the lack of an authorisation to carry on general business, the company may continue to carry out any contract of insurance relating to that particular kind of business if the contract was made before 1st January 1982.
as a result of the repeal of section 83(2)(b) of the Insurance Companies Act 1974 any particular kind of ordinary long-term insurance business has become general business, and
an insurance company was immediately before 1st January 1982 lawfully carrying on that particular kind of business in the United Kingdom,
for the reference to section 12 of the Companies Act 1976 there were substituted a reference to section 147 of the Companies Act 1948 ;
for the reference to accounting records there were substituted a reference to proper books of account;
for the reference to records there were substituted a reference to books.
The provisions of this Act, so far as re-enacting provisions of the Insurance Companies Act 1974 which repealed and re-enacted provisions of the Insurance Companies Amendment Act 1973 relating to winding up, shall not affect any winding up commenced before the date on which the first rules made under section 365 of the Companies Act or, as the case may be, section 317 of the Companies (Northern Ireland) Order 1986 by virtue of . . . section 59(2) above come into operation.
Section 17(2)(a) of the Interpretation Act 1978 shall not apply to the reference to the Insurance Companies Act 1974 in paragraph 2 of Schedule 4 to the Insurance Companies Act 1980.
in section 54(2)(c) for the reference to Article 25 of that Order there shall be substituted a reference to sections 141 and 297 of the Companies Act (Northern Ireland) 1960;
in section 66 for the reference to Article 3 or 11 of that Order there shall be substituted a reference to section 122, 142 or 359 of that Act;
in section 87(2)(d) for the reference to Articles 11 to 13 of that Order there shall be substituted a reference to sections 359 and 363 of that Act.
Where an offence for the continuance of which a penalty was provided has been committed under any enactment repealed by this Act proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the like manner as if the offence had been committed under the corresponding provision of this Act.
section 71(3),
section 81(2) and
section 88(2)
Subject to paragraph 17 above and without prejudice to any express amendment made by this Act, any enactment or other document whatsoever referring to any enactment repealed by this Act shall, unless the context otherwise requires, be construed as referring (or as including a reference) to the corresponding enactment in this Act.
Without prejudice to paragraph 22 above, any enactment or document whatsoever referring to an assurance company within the meaning of the Assurance Companies Act 1909 shall be construed as referring (or as including a reference) to an insurance company to which Part II of this Act applies.
Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.
Section 99(2)
in section 433(6) for “1974 ” substitute “1982 ”;
in paragraph 24(1) of Schedule 8A for “1974 ” substitute “1982 ”.
in section 381(6) for “1974 ” substitute “1982 ”;
in paragraph 24(1) of Schedule 6 for “1974 ” substitute “1982 ”
in section 129(1), in the definition of “policy of life assurance ” for “1974 ” substitute “1982 ”;
in paragraphs 2, 7 and 9 of Schedule 3 for “1974 ” substitute “1982 ”.
in section 89(1) for “1974 ” substitute “1982 ”;
in section 111(1)
for the words " section 36(2) to (4) of the Insurance Companies Act 1974“there shall be substituted the words ” section 44(2) to (4) of the Insurance Companies Act 1982 ";
for the words from “1974 ” to “1981 ” substitute “1982 ”;
in section 113(1) for “1974 ” substitute “1982 ”;
in section 116 for the words “section 36(2) to (4) of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44(2) to (4) of the Insurance Companies Act 1982 ”.
In section 1(3)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 for “1981” substitute “ 1982 ”.
in section 19(2)(a)(ii) for the words "section 73 of the Insurance Companies Act 1974 “there shall be substituted the words ” section 83 of the Insurance Companies Act 1982 ";
in section 323(2) for “1974 ” (in both places) substitute “1982 ”.
In Article 5(3)(b) of the Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 for “1981” substitute “ 1982 ”.
In the Local Government Act 1972—
in section 140(1) for “1981” substitute “ 1982 ” ;
in paragraph (a) of section 140C(1) for “1981” substitute “ 1982 ”.
In section 189(1) of the Consumer Credit Act 1974 in the definition of “insurance company” for the words from “section 33(1)” to “1968” there shall be substituted the words “ section 96(1) of the Insurance Companies Act 1982 ”
In section 87(1) of the Solicitors Act 1974—
in the defniition of “authorised manner” for “1974” substitute “ 1982 ” ;
in the definition of “liability insurance business” for “1981” substitute “ 1982 ” ;
in the definition of “pecuniary loss insurance business” for “1981” substitute “ 1982 ”.
In the Policyholders Protection Act 1975—
in section 3(2) for “1981” substitute “ 1982 ” ;
in subsections (1) and (3) of section 28 for the words from “1974” to “1981” there shall be substituted “ 1982 ” ;
in section 29 for the words from “1974” to “1981” (in both places) there shall be substituted “ 1982 ” ;
in section 32(2)(a) for “1974” substitute “ 1982 ” ;
in paragraph 5(3) of Schedule 3 for the words “Sections 28(1)(b)(i) and 46(1)(b) of the Insurance Companies Act 1974” there shall be substituted the words “ Sections 37(2)(b)(i) and 54(1)(b) of the Insurance Companies Act 1982 ” ;
in paragraph 5(4) of Schedule 3 for the words “Sections 79 to 82 of the Insurance Companies Act 1974” there shall be substituted the words “ Sections 91 to 94 of the Insurance Companies Act 1982 ”.
In section 29(1) of the Insurance Brokers (Registration) Act 1977 in the definition of “authorised insurers”—
for “1974” substitute “ 1982 ” ;
for “1981” substitute “ 1982 ”.
in Article 108(1) for the words “section 36 of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44 of the Insurance Companies Act 1982 ”;
in Article 109(1) for the words “section 36 of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44 of the Insurance Companies Act 1982 ” ; and in sub-paragraphs (a) and (c) for “1974” substitute “1982 ”;
in Article 110(1) for the words “section 36(1) of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44(1) of the Insurance Companies Act 1982 ”.
In section 15(2)(d) of the Credit Unions Act 1979 for “1974” substitute “ 1982 ”.
In the Industrial Assurance (Northern Ireland) Order 1979—
in Article 3(4) for the words “Acts 1974 and 1981” there shall be substituted the words “ Act of 1982 ” ; and the words “of 1981” (in each place) shall be omitted ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in Article 32(1)(b) for “1974” substitute “ 1982 ” ;
in Article 40 for the words “Sections 42 and 43 of the Insurance Companies Act 1974” there shall be substituted the words “ Sections 49 and 50 of the Insurance Companies Act 1982 ” ; and for “72(6)” substitute “ 82(5) ” ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in paragraph 1 of Schedule 5 for the words “section 85(1) of the Insurance Companies Act 1974” there shall be substituted the words “ section 96(1) of the Insurance Companies Act 1982 ” ;
in paragraph 6 of Schedule 5 for “1974” substitute “ 1982 ”.
in section 5(5)(c) for “1974 ” substitute “1982 ”;
in paragraph 8 of Schedule 2 in the definition of “insurance company ” for “1974 ” substitute “1982 ”.
In Article 101(1) of the Road Traffic (Northern Ireland) Order 1981 for “1981” (in both places) substitute “ 1982 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 99(3). Chapter Short title Extent of repeal 1974 c. 49. The Insurance Companies Act 1974. The whole Act, except sections 88(1)(6) and 90 and Schedule 1. 1975 c. 75. The Policyholders Protection Act 1975. Section 22(1). 1976 c. 69. The Companies Act 1976. In Schedule 2, the entries relating to sections 17(1) and 75(2) of the Insurance Companies Act 1974. 1980 c. 25. The Insurance Companies Act 1980. In section 1, paragraph (a) and, to the extent an Act therein mentioned is repealed by this Act, paragraph (b). Section 2. Schedule 1. In Schedule 4, paragraph 18. 1980 c. 43. The Magistrates’ Courts Act 1980. In Schedule 7, paragraph 18. 1981 c. 31. The Insurance Companies Act 1981. The whole Act, except sections 36(1), 38 and Part II of Schedule 4. 1981 c. 62. The Companies Act 1981. In Schedule 3, paragraph 35. S.I. 1981/1657 (c. 44). The Insurance Companies Act 1981 (Commencement) Order 1981. In the Schedule, paragraphs 2-9, 11, 12, 14 and 15.
The business of the insurance company is carried on with integrity, due care and the professional skills appropriate to the nature and scale of its activities.
Each director, controller, manager or main agent of the insurance company is a fit and proper person to hold that position.
In the case of a non-EC company whose head office is not in an EFTA State— is a fit and proper person to hold that position.
the representative referred to in section 9(4) above; or
where that representative is not an individual, the individual representative referred to in section 10(5) above,
The insurance company is directed and managed by a sufficient number of persons who are fit and proper persons to hold the positions which they hold.
The insurance company conducts its business in a sound and prudent manner.
The insurance company shall not be regarded as conducting its business in a sound and prudent manner unless it maintains— Accounting and other records and systems of control shall not be regarded as adequate unless they are such as— In determining whether any systems of control are adequate the Treasury shall have regard to the functions and responsibilities for those systems which are held by the persons who are responsible for the direction and management of the company and to whom paragraph 2 above applies.
The insurance company shall not be regarded as conducting its business in a sound and prudent manner if it fails to conduct its business with due regard to the interests of policy holders and potential policy holders.
The insurance company shall not be regarded as conducting its business in a sound and prudent manner if—
it fails to satisfy an obligation to which it is subject by virtue of this Act; or
in the case of a UK company, it fails to satisfy an obligation to which it is subject by virtue of any provision of the law of another EEA State which applies to its insurance business in that State.
The insurance company shall not be regarded as conducting its business in a sound and prudent manner if it fails to supervise the activities of a subsidiary undertaking—
with due care and diligence; and
without detriment to the company’s business.
Subject to the following provisions of this Part of this Schedule, information which— shall not be disclosed without the consent of the person from whom the information was obtained and, if different, the person to whom it relates. Subject to sub-paragraph (3) below, information is restricted information for the purposes of this paragraph if it was obtained by the Treasury or the Secretary of State for the purposes of, or in the discharge of, functions under this Act or any rules or regulations made under this Act (whether or not by virtue of any requirement to supply it made under those provisions). Information is not restricted information for the purposes of this paragraph if— The following are relevant persons for the purposes of this paragraph, namely— Any person who discloses information in contravention of this paragraph shall be guilty ofan offence and liable—
Paragraph 1 above does not preclude the disclosure of information in any case in which disclosure is for the purpose of enabling or assisting the Treasury or the Secretary of State to discharge . . . functions under this Act or any rules or regulations made under this Act (whether or not by virtue of any requirement to supply it made under those provisions).
Paragraph 1 above does not preclude the disclosure by the Treasury or the Secretary of State to any person specified in the first column of the following Table if the Treasury or, as the case may be, the Secretary of State considers that the disclosure would enable or assist that person to discharge the functions specified in relation to him in the second column of that Table. Person Functions 1The Secretary of State. Functions under the Companies Act, the Company Securities (Insider Dealing) Act 1985 , the Insolvency Act 1986 , the Company Directors Disqualification Act 1986 , the Financial Services Act 1986 , or Part II, III or VII of the Companies Act 1989 . 1A The Financial Services Authority. Functions under the Financial Services Act 1986 (other than as a designated agency within the meaning of that Act), the Banking Act 1987 or section 171 of the Companies Act 1989. 2The Treasury. Functions under the Financial Services Act 1986 or under Part III or VII of the Companies Act 1989. 3An inspector appointed under Part XIV of the Companies Act or section 94 or 177 of the Financial Services Act 1986. Functions under that Part or that section. 4A person authorised to exercise powers under section 43A or 44 above, section 447 of the Companies Act, section 106 of the Financial Services Act 1986 or section 84 of the Companies Act 1989. Functions under that section. 5The Friendly Societies Commission, the Registrar of Friendly Societies for Northern Ireland and the Assistant Registrar of Friendly Societies for Scotland. Functions under the enactments relating to friendly societies or under the Financial Services Act 1986. 6The Industrial Assurance Commissioner or the Industrial Assurance Commissioner for Northern Ireland. Functions under the enactments relating to industrial assurance. 7The Building Societies Commission. Functions under the Building Societies Act 1986 and protecting the interests of the shareholders and depositors of building societies. The Occupational Pensions Regulatory Authority. Functions under the Pension Schemes Act 1993 or the Pensions Act 1995, or any enactment in force in Northern Ireland corresponding to either of them. 8The Director General of Fair Trading. Functions under the Fair Trading Act 1973 except Part II, the Consumer Credit Act 1974 , the Restrictive Trade Practices Act 1976 , the Estate Agents Act 1979 , the Competition Act 1980 or the Control of Misleading Advertisements Regulations 1988 . 9A designated agency (within the meaning of the Financial Services Act 1986). Functions under that Act or Part VII of the Companies Act 1989. 10A transferee body (within the meaning of the Financial Services Act 1986) or the competent authority (within the meaning of that Act). Functions under that Act. 11Any of the following (within the meaning of the Financial Services Act 1986), namely, a recognised self-regulating organisation, a recognised investment exchange, a recognised professional body and a recognised clearing house. Functions in its capacity as a recognised self-regulating organisation, recognised investment exchange, recognised professional body or a recognised clearing house. 12The Department of Economic Development in Northern Ireland. Functions under enactments relating to companies or insolvency. 13An inspector appointed by the Department of Economic Development in Northern Ireland under enactments relating to companies or insolvency. Functions under those enactments. 14A person authorised to exercise powers under Article 440 of the Companies (Northern Ireland) Order 1986 . . .. Functions under that Article . . .. 15An official receiver. Functions under enactments relating to insolvency. 16The Panel on Take-overs and Mergers. All functions. 17The Bank of England. All functions. 18A body administering a scheme under section 54 of the Financial Services Act 1986. Functions under the scheme. 19A body established by order under section 46 of the Companies Act 1989. Functions under Part II of that Act. 20A supervisory body (as defined in section 30 of the Companies Act 1989) or a qualifying body (as defined in section 32 of that Act). Functions under that Act. . . .. . . .. 22The Council of Lloyd’s, the Committee of Lloyd’s or the Disciplinary Committee or Appeal Tribunal established under the Lloyd’s Act 1982 . Functions under the Lloyd’s Acts 1871 to 1982 and functions under bye-laws made under those Acts. 23The Tribunal under the Prevention of Fraud (Investments) Act 1958 . Functions under that Act. 24The Monopolies and Mergers Commission. Functions under the Fair Trading Act 1973 and the Competition Act 1980. 25An auditor appointed under section 21 above, section 384 of the Companies Act 1985 or section 107 of the Financial Services Act 1986 or a person approved under section 108 of the Financial Services Act 1986. All functions. 26A recognised supervisory body (within the meaning of Part II of the Companies Act 1989 or Part III of the Companies (Northern Ireland) Order 1990). Functions in its capacity as such a body under that Part, or functions in relation to disciplinary proceedings against auditors. 27A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986 or Article 350 of the Insolvency (Northern Ireland) Order 1989). Functions in its capacity as such a body under that Act or that Order, or functions in relation to disciplinary proceedings against insolvency practitioners (within the meaning of that Act or that Order). 28An actuary exercising functions under this Act. Those functions. 29The Institute of Actuaries or the Faculty of Actuaries. Supervisory functions in relation to an actuary exercising functions under this Act. Paragraph 1 above does not preclude the disclosure by any person specified in the first column of the Table in sub-paragraph (1) above of information obtained by him by virtue of that sub-paragraph if he makes the disclosure— and before deciding whether to give consent to such a disclosure by any person the Treasury or, as the case may be, the Secretary of State shall take account of any representations made by that person as to the desirability of or the necessity for the disclosure. Paragraph 1 above does not preclude— if (in either case) disclosure is in accordance with Article 16(6) of the third general insurance Directive, or Article 15(6) of the third long term insurance Directive. Paragraph 1 above does not preclude the disclosure of information for the purpose of enabling or assisting any public or other authority not specified in the first column of the Table in sub-paragraph (1) above to discharge any functions if disclosure is in accordance with Article 16 of the third general insurance Directive, or Article 15 of the third long term insurance Directive. Paragraph 1 above does not preclude the disclosure of information for the purpose of enabling or assisting an authority in a country or territory outside the United Kingdom to exercise functions corresponding to those of— Sub-paragraph (5) above does not apply in relation to disclosure to an authority which is not an authority in another member State unless the Treasury are or the Secretary of State is satisfied that the authority is subject to restrictions on further disclosures at least equivalent to those imposed by this Part of this Schedule. Information which is disclosed to a person in pursuance of sub-paragraph (1) or (2) above shall not be used otherwise than for the purpose mentioned in that sub-paragraph. Any person who uses information in contravention of sub-paragraph (7) above shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both. Subject to sub-paragraph (10) below, any reference in this paragraph to enabling or assisting any person to discharge or exercise any functions is a reference to enabling or assisting that person to discharge or exercise those functions in relation to— and in this sub-paragraph “Consumer Credit Act business” has the same meaning as in the Banking Coordination (Second Council Directive) Regulations 1992 . Sub-paragraph (9) above shall not apply in relation to references to enabling or assisting the discharge or exercise of the following functions, namely—
Paragraph 1 above does not preclude the disclosure of information— Paragraph 1 above does not preclude the disclosure by the Treasury or the Secretary of State to the Director of Public Prosecutions, the Director of Public Prosecutions for Northern Ireland, the Lord Advocate, a procurator fiscal or a constable of—
Paragraph 1 above applies also to information which— Subject to sub-paragraphs (3) and (4) below, information supplied or obtained as mentionedin sub-paragraph (1)(a) or (b) above shall not be disclosed except as provided by paragraph 1 above or— Information supplied as mentioned in sub-paragraph (1)(a) above may be disclosed— Information obtained as mentioned in sub-paragraph (1)(b) above may be disclosed— Before the Treasury or the Secretary of State discloses information to any person under sub-paragraph (3) above, they shall notify the supervisory authority which supplied the information of the name and responsibilities of that person. In this paragraph— “relevant functions”, “relevant recipient” means a person specified in any of entries 1 to 7, 12, 13 and 17 in the Table in paragraph 3(1) above.
Subject to paragraph 7 below, no information which— shall be disclosed without the consent of the person from whom the information was obtained and, if different, the person to whom it relates. A person who discloses any information in contravention of this paragraph shall be guilty of an offence under section 449 of the Companies Act or Article 442 of the Companies (Northern Ireland) Order 1986 and liable accordingly.
Paragraph 6 above does not preclude the disclosure of information to any person who is a competent authority for the purposes of section 449 of the Companies Act or Article 442(1)(a) to (e) of the Companies (Northern Ireland) Order 1986. Paragraph 6 above does not preclude the disclosure of information as mentioned in any of the paragraphs except (m) of subsection (1) of section 180 of the Financial Services Act 1986 or in subsection (3) or (4) of that section or as mentioned in section 449(1) of the Companies Act or Article 442 of that Order. Paragraph 6 above does not preclude the disclosure of any such information as is mentioned in section 180(5) of the Financial Services Act 1986 by any person who by virtue of that section is not precluded by section 179 of that Act from disclosing it.
Where it is proposed to carry out a scheme under which the whole or part of the long term business carried on by an insurance company to which this Part of this Act applies (“the transferor company”) is to be transferred to another body whether incorporated or not (“the transferee company”) and— the transferor company or the transferee company may apply to the court, by petition, for an order sanctioning the scheme. If any such scheme involves a compromise or arrangement falling within section 427A(1) ofthe Companies Act or Article 420A(1) of the Companies (Northern Ireland) Order 1986 (application of provisions about compromises and arrangements to mergers and divisions of public companies), the following provisions, namely— shall have effect, as regards that compromise or arrangement, as provided by section 427A(l) or Article 420A(l) (as the case may be), but without prejudice to the operation of the provisions of this Part of this Schedule in relation to the scheme. No such transfer as is mentioned in sub-paragraph (1) above shall be carried out unless the scheme relating to the transfer has been sanctioned by the court in accordance with this Part of this Schedule; and, except in the case of any such scheme as is mentioned in sub-paragraph (2) above, no order shall be made under any of the provisions specified in paragraph (a) or (b) of that sub-paragraph in respect of so much of any compromise or arrangement as involves any such transfer. In this Part of this Schedule— “the court” means the High Court of Justice in England except that it means— “direct insurance” means insurance other than reinsurance.
The court shall not determine an application under paragraph 1 above unless the petition is accompanied by a report on the terms of the scheme by an independent actuary and the court is satisfied that the requirements of sub-paragraph (2) below have been complied with. The said requirements are— Each of the companies concerned shall, on payment of such fee as may be prescribed by rules of court, furnish a copy of the petition and of the report mentioned in sub-paragraph (1) above to any person who asks for one at any time before an order sanctioning the scheme is made on the petition. On any petition under paragraph 1 above, the following shall be entitled to be heard, namely— A policy which evidences a contract of direct insurance is an “EFTA policy” for the purposes of this Part of this Schedule if— Where the transferee company is an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992 , sub-paragraphs (2)(c) and (e) and (4)(a) above shall have effect as if the reference to the Treasury included a reference to the Friendly Societies Commission.
Where the transferor company is a UK or non-EC company and any policy included in the proposed transfer evidences a contract of direct insurance, the court shall not make an order sanctioning the scheme unless— Where sub-paragraph (1) above applies and, as regards any policy (other than an EFTA policy) which is included in the proposed transfer and evidences a contract of direct insurance, a member State other than the United Kingdom is the State of the commitment, the court shall not make an order sanctioning the scheme unless the Treasurycertify— Where sub-paragraph (1) above applies, the establishment of the transferee company to which the policies are to be transferred is situated in the United Kingdom and, as regards any ETFA policy included in the proposed transfer, an EEA State other than the United Kingdom is the State of the commitment, the court shall not make an order sanctioning the scheme unless the Treasurycertify that— Where sub-paragraph (1) above applies, the establishment of the transferee company to which the policies are to be transferred is situated in an EEA State other than the United Kingdom and, as regards any ETFA policy included in the proposed transfer, an EEA State is the State of the commitment, the court shall not make an order sanctioning the scheme unless— Where the transferor company is not a UK or non-EC company or any policy included in the proposed transfer evidences a contract of reinsurance, the court shall not make an order sanctioning the scheme unless it is satisfied that the transferee company is, or will be immediately after the making of the order— long term business of the class or classes to be transferred under the scheme. In this paragraph “the relevant authority” means— Where the transferee company is an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992—
This paragraph applies where the court makes an order under this Part of this Schedule sanctioning a scheme and either— The court shall direct that— and the instrument or order shall not bind the policy holder if either such a notice is not so published or the policy holder exercises any such right during the period so specified. The law of the member State or, as the case may be, the EEA State which is the State of the commitment shall determine—
Where the court makes an order under this Part of this Schedule sanctioning a scheme the court may, either by that order or by any subsequent order, make provision for all or any of the following matters— Where any such order provides for the transfer of property or liabilities, that property shall, by virtue of the order, be transferred to and vest in, and those liabilities shall, by virtue of the order, be transferred to and become the liabilities of, the transferee company, and in the case of any property, if the order so directs, freed from any mortgage or charge which is by virtue of the scheme to cease to have effect. Where the transferor company is a UK or non-EC company, it is immaterial for the purposes of sub-paragraphs (1)(a), (c) and (e) and (2) above that the law applicable to any of the contracts of direct insurance included in the transfer is the law of an EEA State other than the United Kingdom. For the purposes of any provision requiring the delivery of an instrument of transfer as acondition for the registration of a transfer of any property, including in particular— an order which by virtue of this paragraph operates to transfer any property shall be treated as an instrument of transfer. Where a scheme is sanctioned by an order of the court under this Part of this Schedule, the transferee company shall, within ten days from the date on which the order is made or such longer period as the Treasury may allow, deposit two office copies of the order with the Treasury. In this paragraph “property” includes property, rights and powers of every description, “liabilities” includes duties and “shares” and “debentures” have the same meaning as in the Companies Act or the Companies (Northern Ireland) Order 1986.
Where it is proposed to execute an instrument by which an insurance company to which this Part of this Act applies (“the transferor”) is to transfer to another body (“the transferee”) all its rights and obligations under such general policies, or general policies of such descriptions as may be specified in the instrument, and— the transferor may apply to the Treasury for their approval of the transfer. Any notice or other document authorised or required to be given or served under this Partof this Schedule may, without prejudice to any other method of service, be served by post; and a letter containing the notice or other document shall be deemed to be properly addressed if it is addressed to that person at his last known residence or last known place of business in the United Kingdom. In this Part of this Schedule— “direct insurance” means insurance other than reinsurance; “general policy” means a policy evidencing a contract the effecting of which constitutes the carrying on of general business.
The Treasury shall not determine an application made under paragraph 6 above unless they are satisfied that— The notice referred to in sub-paragraph (1) above shall include a statement that written representations concerning the transfer may be sent to the Treasury before a specified day, which shall not be earlier than sixty days after the day of the first publication of the notice in accordance with sub-paragraph (1)(a) above; and the Treasury shall not determine the application until after considering any representations made to them before the specified day. For the purposes of this paragraph a policy holder is an “affected policy holder” in relation to a proposed transfer if— A policy which evidences a contract of direct insurance is an “EFTA policy” for the purposes of this Part of this Schedule if— Where the transferor is a UK or non-EC company and the transferee is an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992, sub-paragraph (1)(b) shall have effect as if the reference to every affected policy holder included a reference to the Friendly Societies Commission.
Where the transferor is a UK or non-EC company and any policy included in the proposed transfer evidences a contract of direct insurance, the Treasury shall not approve the transfer unless— Where sub-paragraph (1) above applies and, as regards any policy (other than an EFTA policy) which is included in the proposed transfer and evidences a contract of direct insurance, the risk is situated in a member State other than the United Kingdom, the Treasury shall not approve the transfer unless they are satisfied— Where sub-paragraph (1) above applies, the establishment of the transferee to which the policies are to be transferred is situated in the United Kingdom and, as regards any EFTA policy included in the proposed transfer, an EEA State other than the United Kingdom is the State in which the risk is situated, the Treasury shall not approve the transfer unless they are satisfied that— Where sub-paragraph (1) above applies, the establishment of the transferee to which the policies are to be transferred is situated in an EEA State other than the United Kingdom and, as regards any EFTA policy included in the proposed transfer, an EEA State . . . is the State in which the risk is situated, the Treasury shall not approve the transfer unless— Where the transferor company is not a UK or non-EC company or any policy included in the proposed transfer evidences a contract of reinsurance, the Treasury shall not approve the transfer on an application under paragraph 6 above unless they are satisfied that — and in their opinion the transferee’s financial resources and the other circumstances of the case justify the giving of their approval. Where the Treasury determines an application under paragraph 6 above, theyshall— and if theyrefuse the application he shall inform the transferor and the transferee in writing of the reasons for their refusal. In this paragraph “the relevant authority” means— Where the transferor is a UK or non-EC company and the transferee is an incorporated friendly society or registered friendly society authorised under Part IV of the Friendly Societies Act 1992—
This paragraph applies where the Treasuryapprove an application made under paragraph 6 above and either— The Treasury shall direct that— and the instrument shall not bind the policy holder if either such a notice is not so published or the policy holder exercises any such right during the period so specified. The law of the member State or, as the case may be, the EEA State in which the risk is situated shall determine—
Subject to paragraph 9(2) above, an instrument giving effect to a transfer approved by the Treasury under this Part of this Schedule shall be effectual in law— Where the transferor is a UK or non-EC company, it is immaterial for the purposes of sub-paragraph (1) above that the law applicable to any of the contracts of direct insurance included in the transfer is the law of an EEA State other than the United Kingdom. Except in so far as the Treasury may otherwise direct, a policy holder whose policy is included in such an instrument shall not be bound by it unless he has been given written notice of its execution by the transferor or the transferee.
This paragraph applies where— has served notice on the Treasury under subsection (1)(a) of section 60, 61 or 61A above (“the relevant section”). The Treasury may by notice in writing require the person serving the notice or, in a case falling within sub-paragraph (1)(a) above, the person proposed to be appointed to provide such additional information or documents as the Treasury may reasonably require for the purpose of deciding whether to serve— Where additional information or documents are required from any person by a notice under sub-paragraph (2) above, the time between the giving of that notice and the receipt of the information or documents shall be added to the period mentioned in subsection (1)(b) of the relevant section. The notice shall be of no effect for the purposes of subsection (1) of the relevant section ifeither the notice is withdrawn or— before the end of the period of one year beginning with the date mentioned in sub-paragraph (5) below. The date referred to in sub-paragraph (4) above is as follows— The period mentioned in subsection (1)(b) of the relevant section shall be deemed not to expire until fourteen days after the end of the period within which representations may be made in accordance with that section.
This paragraph applies where— in contravention of subsection (1)(a) of section 60, 61 or 61A above; and references in this paragraph to the person in breach shall be construed accordingly. The Treasury— Before serving a notice of objection under sub-paragraph (2) above, the Treasury shall serve on the person in breach and, in a case falling within sub-paragraph (1)(a) above, on the person appointed as managing director or chief executive a preliminary written notice— A person served with a preliminary notice under sub-paragraph (3) above may, within the period of one month from the date of service of that notice— The Treasury shall not serve a notice of objection under sub-paragraph (2) above unless it appears to them— Where representations are made in accordance with this paragraph the Treasuryshall take them into consideration before serving a notice of objection. The Treasury shall not be obliged to disclose to the person in breach any particulars of the ground on which they are considering the service of a notice of objection. The period mentioned in sub-paragraph (2)(a) above shall be deemed not to expire until fourteen days after the end of the period within which representations may be made in accordance with this paragraph. After a notice of objection has been served on a company in relation to a person who is a managing director or chief executive, the company shall forthwith remove that person from that office.
This paragraph applies where either— and in this paragraph expressions which are also used in paragraph 1 or 2 above have the same meanings as in that paragraph. Before serving a notice under sub-paragraph (2) or (3) above, the Treasury shall serve on the person concerned and, where that person is proposed to be or has been appointed as managing director or chief executive, on the company a preliminary written notice stating— Where representations are made in accordance with this paragraph the Treasury shall take them into consideration before serving a notice under sub-paragraph (2) or (3) above. The Treasury shall not be obliged to disclose— any particulars of the ground on which they are considering the service of a notice under sub-paragraph (2) or (3) above or a notice of objection under the relevant section or, as the case may be, paragraph 2 above.
Where it appears to the Treasury that the criteria of sound and prudent management are not or may not be fulfilled in respect of a UK company by reason of the ability of a person who is a controller of the company to influence the company, the Treasury may— a written notice of objection to that person continuing to be a controller of the company. Before serving a notice of objection under this paragraph, the Treasury shall serve— A notice under sub-paragraph (2) above shall— A person served with a notice under sub-paragraph (2) above may, within the period of one month beginning with the day on which the notice is served— Where representations are made in accordance with this paragraph, the Treasury shall take them into consideration before serving a notice of objection. The Treasuryshall not be obliged to disclose to the person concerned or to the company any particulars of the ground on which they are considering the service of a notice of objection. After a notice of objection has been served on a company in relation to a person who is a managing director or chief executive, the company shall forthwith remove that person from that office.
This paragraph applies where a person— continues to be such a controller; and references in this paragraph to the person in breach shall be construed accordingly. The Treasury may by notice in writing served on the person in breach direct that any specified shares to which this paragraph applies shall, until further notice, be subject to one or more of the following restrictions— The court may, on the application of the Treasury, by order direct that any specified shares to which this paragraph applies— Where an order has been made under sub-paragraph (3) above the court may, on the application of the Treasury, make such further order relating to the sale or transfer of the shares as it thinks fit. Where the shares are sold in pursuance of an order under this section— This paragraph applies to— Sub-paragraph (6) above shall have effect as if references to the person in breach acquiring a notifiable holding in the company were— A copy of the notice served on the person in breach under sub-paragraph (2) above shall be served on the company to whose shares or voting rights it relates. The jurisdiction conferred by this paragraph shall be exercisable by the High Court and theCourt of Session.
Subject to sub-paragraph (2) and paragraph 5 below, this paragraph applies to a contract entered into by a UK or EC company or a member of Lloyd’s the effecting of which constitutes— This paragraph does not apply to a contract entered into by an authorised person the effecting of which constitutes the carrying on in the United Kingdom of investment business; and in this sub-paragraph expressions which are also used in the Financial Services Act 1986 have the same meanings as in that Act. Before entering into a contract to which this paragraph applies, the company or member (“the insurer”) shall furnish the other party to the contract in writing with the information required by sub-paragraph (4) below and— The information required by this sub-paragraph is— The information required by this sub-paragraph is— The information required by this sub-paragraph is— Any information required by sub-paragraph (4), (5) or (6) above shall be furnished in English except that, where the other party to the contract so requests, it may instead be furnished in an official language of a member State other than the United Kingdom.
This paragraph applies to a contract entered into by a UK or EC company or a member of Lloyd’s if— Before entering into a contract to which this paragraph applies, the company or member (“the insurer”) shall, if the other party (or one of the other parties) to the contract is an individual, inform that party in writing— If the information required by sub-paragraph (2) above is furnished otherwise than in writing before the time when the contract is entered into, there is a sufficient compliance with that sub-paragraph if it is also furnished in writing as soon as practicable after that time.
Subject to sub-paragraph (2) below, this paragraph applies to a contract to which paragraph 3 above applies. This paragraph does not apply to a contract entered into by a UK company or a member of Lloyd’s unless the effecting of the contract constitutes the provision of general insurance in the United Kingdom. Before entering into a contract to which this paragraph applies, the UK or EC company or the member of Lloyd’s (“the insurer”) shall, unless the contract is for the coverage of large risks only, inform the other party to the contract in writing of the member State in which is situated the establishment which will cover the risks; and any document issued to that party by the insurer shall also contain that information. If the information required by sub-paragraph (3) above is furnished otherwise than in writing before the time when the contract is entered into, there is a sufficient compliance with that sub-paragraph if it is also furnished in writing as soon as practicable after that time. Any relevant document issued by the insurer in relation to a contract to which this paragraph applies shall state— In this paragraph “relevant document”, in relation to a contract to which this paragraph applies, means any proposal, policy or other document which, or statements contained in which, will or may bind the other party to the contract.
In the case of a contract involving two or more other parties, this Schedule shall have effect as if a separate contract were being or had been entered into by the insurer with each of those parties. Paragraphs 1 and 2 of this Schedule shall not apply in relation to a contract unless the other party to the contract is habitually resident in the United Kingdom at the time when the contract is entered into. In this paragraph 'other party’, in relation to a contract, means a party to the contract other than the insurer.
An EC company shall not carry on direct insurance business of a class or part of a class through a branch in the United Kingdom unless— The requirements of this paragraph are— A certificate given in respect of the company by the supervisory authority in its home State is in accordance with this sub-paragraph if it— The Treasury shall as soon as practicable— Any connected UK authority which receives any documents under sub-paragraph (4)(b) above shall, within one month of the date on which they were received, inform the Treasury in writing of such provisions of the Acts, rules and regulations applying to insurance companies which the authority regulates as, having regard to the insurance business mentioned in the documents, it considers appropriate.
An EC company shall not change the requisite details of a branch— unless the requirements of this paragraph have been complied with in relation to its making of the change. Subject to sub-paragraph (3) below, the requirements of this paragraph are— In the case of a change occasioned by circumstances beyond the company’s control, the requirements of this paragraph are that the company shall as soon as practicable (whether before or after the change) give a notice to the Treasury, and to the supervisory authority in its home State, stating the details of the change. The Treasury shall as soon as practicable—
The requisite details for the purposes of paragraphs 1 and 2 above are—
the name of the company;
the address of the branch in the United Kingdom and confirmation that it is an address for service on the company’s authorised agent;
the name of the company’s authorised agent;
a scheme of operations prepared in accordance with such requirements as may be imposed by the supervisory authority in its home State; and
in the case of a company which intends to cover relevant motor vehicle risks, confirmation that the company has become a member of the Motor Insurers’ Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).
An EC company shall not carry on reinsurance business of any description through a branch in the United Kingdom unless— The requirements of this paragraph are—
An EC company shall not change the requisite details of a branch— unless the requirements of this paragraph have been complied with in relation to its making of the change. Subject to sub-paragraph (3) below, the requirements of this paragraph are that the company has given a notice to the Treasury stating the details of the proposed change not less than one month before the change is to take place. In the case of a change occasioned by circumstances beyond the company’s control, the requirements of this paragraph are that the company shall as soon as practicable (whether before or after the change) give a notice to the Treasury stating the details of the change.
The requisite details for the purposes of paragraphs 4 and 5 above are—
the name of the company;
the address of the branch in the United Kingdom and confirmation that it is an address for service on the company’s authorised agent;
the name of the company’s authorised agent;
a scheme of operations containing particulars of the reinsurance business to be carried on through the branch.
This paragraph applies where the Treasuryreceive from an EC company a notice given in accordance with paragraph 4 or 5 above. The Treasury may, before the end of the period of three months beginning with the day on which they receive the notice, direct that Part II of this Act shall apply to the company. Before giving a direction under sub-paragraph (2) above, the Treasuryshall serve on the company a written notice stating— Where representations are made in response to a notice under sub-paragraph (3) above, the Treasury shall take them into account before giving a direction.
An EC company shall not provide insurance of a class or part of a class in the United Kingdom unless the company is authorised in accordance with Article 6 of the first general insurance Directive or Article 6 of the first long term insurance Directive to carry on insurance business of that class or part of a class and either— The requirements of this paragraph are— A certificate is in accordance with this sub-paragraph if it—
An EC company shall not change the requisite details relating to the provision ofinsurance in the United Kingdom unless the requirements of this paragraph have been complied with in relation to its making of the change. Subject to sub-paragraph (3) below, the requirements of this paragraph are— In the case of a change occasioned by circumstances beyond the company’s control, the requirements of this paragraph are that the company shall, as soon as practicable, give a notice to the supervisory authority in its home State stating the details of the change.
The requisite details for the purposes of paragraph 8 and 9 are—
the name and address of the company;
the nature of the risks or commitments which the company proposes to cover in the United Kingdom; and
in the case of a company which intends to cover relevant motor vehicle risks—
the name and address of the claims representative, and
confirmation that the company has become a member of the Motor Insurers’ Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).
An EC company shall not provide insurance in the United Kingdom to cover relevant motorvehicle risks unless—
it is a member of the Motor Insurers’ Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946); and
either it has appointed a claims representative or the insurance is provided by it participating in a Community co-insurance operation otherwise than as the leading insurer.
The powers conferred on the Treasury by section 40A above shall be exercisable in relation to an EC company if the supervisory authority in the company’s home State has, in accordance with Article 20(5) of the first general insurance Directive or Article 24(5) of the first long term insurance Directive, requested the Treasury to prohibit the free disposal of assets of that company and has confirmed— Those powers shall also be so exercisable if the Treasuryare notified by that authority that the company’s authorisation has been withdrawn, or has lapsed, in accordance with Article 22 of the first general insurance Directive or Article 26 of the first long term insurance Directive.
Subject to sub-paragraph (2) below, the powers conferred by section 44 above on the Treasury or persons authorised by them shall be exercisable in respect of an EC company if either— The Treasury shall not exercise the powers conferred by subsection (2A), (2B) or(4A) of section 44 above in respect of an EC company unless the requirements of sub-paragraph (1)(a) above are fulfilled.
The powers conferred by section 44 above on the Treasury shall be exercisable in respect of an EC company by a person authorised by the supervisory authority in the company’s home State if— An officer or agent of the Treasury may accompany a person so authorised while he is acting in the exercise of those powers.
Paragraphs 13 and 14 above shall apply in relation to the powers conferred by section 44 above on the Secretary of State or persons authorised by him as they apply in relation to the powers conferred by that section on the Treasury or persons authorised by them; and for those purposes the references in those paragraphs to the Treasury shall be construed as references to the Secretary of State.
The Treasury may exercise their powers under section 45 above in relation to an EC company if the supervisory authority in the company’s home State—
has informed the Treasury that the company’s authorisation has been withdrawn, or has lapsed, in accordance with Article 22 of the first general insurance Directive or Article 26 of the first long term Directive; and
in accordance with that Article, has requested the Treasury to take measures in the United Kingdom to safeguard the interests of policy holders of the company.
Where it appears to the Treasury that an EC company has failed to comply with any provision of law applicable to its insurance activities in the United Kingdom, they may require it to take such steps as they may specify to comply with that provision. If the company fails to comply with a requirement under sub-paragraph (1) above, the Treasury shall notify the supervisory authority in the home State. If, after the Treasuryhave taken the action mentioned in sub-paragraphs (1) and (2) above, the company persists in contravening the provision in question, the Treasury may, after informing the supervisory authority of the home State, direct the company to cease to carry on insurance business or provide insurance, or to cease to carry on insurance business or provide insurance of any specified description, in the United Kingdom. The Treasury may exercise his powers under sub-paragraph (3) above without the conditions there mentioned being fulfilled if they consider that those powers should be exercised as a matter of urgency. After giving a direction under this paragraph, the Treasury shall by notice in writing inform the company of their reasons for doing so. A direction under this paragraph does not prevent the company from effecting a contract ofinsurance in pursuance of a term of a subsisting contract of insurance. A requirement or direction under this paragraph may be varied or revoked by the Treasury.
This paragraph applies where— The Treasury may direct the company to cease to carry on insurance business or provide insurance, or to cease to carry on insurance business or provide insurance of a specified description, in the United Kingdom through all, or any specified, establishments. Where the Treasuryreceivenotification under sub-paragraph (1) above they shall forthwith inform the connected UK authorities of its receipt. After giving such a direction, the Treasury shall by notice in writing inform the company of their reasons for doing so. A direction under this paragraph does not prevent the company from effecting or carrying outa contract of insurance in pursuance of a term of a subsisting contract of insurance.
An EFTA company which intends to provide insurance in the United Kingdom shall send to the Treasury— Where an EFTA company wishes to provide insurance in the United Kingdom in respect of risks or commitments other than those mentioned in the statement given in accordance with sub-paragraph (1)(c) above, it shall give written notice to the Treasury amending that statement; and it shall not provide insurance in the United Kingdom in respect of such risks or commitments before the date certified as that on which written notice of the amendment was received by the Treasury. An EFTA company providing insurance in the United Kingdom shall notify the Treasury in writing of— In sub-paragraph (1) above “the relevant Directive” and “the relevant provisions” mean respectively— Any insurance which is provided by the company participating in a Community co-insurance operation otherwise than as the leading insurer shall be disregarded for the purposes of this paragraph.
An EFTA company shall not provide insurance in the United Kingdom to cover relevant motor vehicle risks unless—
it is a member of the Motor Insurers’ Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946); and
either it has appointed a claims representative or the insurance is provided by it participating in a Community co-insurance operation otherwise than as the leading insurer.
Where it appears to the Treasury that an EFTA company providing insurance in the United Kingdom has failed to comply with any provision of this Act, they may require it to take such steps as they may specify to comply with that provision. If the company fails to comply with a requirement under sub-paragraph (1) above, the Treasury shall notify the supervisory authority in the EEA State in which the establishment through which the insurance is provided is situated. If the company persists in contravening a provision which has been the subject of arequirement under sub-paragraph (1) above, the Treasury may, after informing that supervisory authority, direct the company to cease to provide insurance, or insurance of any specified description, in the United Kingdom. After giving such a direction, the Treasury shall by notice in writing inform the company of their reasons for doing so. A direction under this paragraph does not prevent the company from effecting a contract ofinsurance in pursuance of a term of a subsisting contract of insurance. A requirement or direction under this paragraph may be varied or revoked by the Treasury.
The Treasury may, for the purpose of facilitating the exercise by them of their functions under paragraph 20 above, require an EFTA company providing insurance in the United Kingdom to furnish the Treasury, at specified times or intervals with information about such matters as they may specify being, if they so require, information verified in a specified manner.
Where an EFTA company is providing insurance in the United Kingdom and the Treasuryarenotified by the supervisory authority in the EEA State in which the establishment through which the insurance is provided, or the company’s head office, is situated that the authorisation of the company has been withdrawn in accordance with— they may direct the company to cease to provide insurance, or insurance of any specified description, in the United Kingdom through all, or any specified, establishments. After giving such a direction, the Treasury shall by notice in writing inform thecompany of their reasons for doing so. A direction under this paragraph does not prevent the company from effecting a contract ofinsurance in pursuance of a term of a subsisting contract of insurance.
Where an EFTA company intends to provide insurance through an establishment in the United Kingdom, it shall before doing so notify the Treasury of its intention. The notification shall indicate— Where the company intends to provide insurance in more than one EEA State, the information specified above may be contained in a single notification but must be set out separately in relation to each such State. Where a company has duly notified the Treasury of its intention to provide insurancein an EEA State where administrative authorisation is required for the provision of insurance, then, if the original notification related—
An EFTA company which intends to provide insurance through an establishment in the United Kingdom may apply to the Treasury for a certificate— If it appears to the Treasurythat a certificate applied for under sub-paragraph (1) above ought to be issued, they shall issue the certificate accordingly. If the Treasuryrefuse to issue a certificate, they shall inform the company in writing of their decision and of the reasons for it.
An EC company commits an offence if— An EFTA company commits an offence if— A person commits an offence if— A person committing an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this Schedule— “authorised agent”, in relation to an EC company, means an agent or employee of the company who has authority— “connected UK authority”, in relation to an EC company, means an authority in the United Kingdom which has regulatory functions in relation to the insurance business which the company proposes to carry on, or the insurance which it intends to provide, in the United Kingdom; “direct insurance business” means insurance business other than reinsurance business. In this Schedule— In sub-paragraph 2(b) and (c) above— An EC or EFTA company shall not be regarded for the purposes of Parts I and II of this Act as carrying on insurance business in the United Kingdom by reason only of the fact that it provides insurance in the United Kingdom.
Except in its application to a Gibraltar company, this Schedule shall apply as if Gibraltar were part of the United Kingdom. In this paragraph and paragraphs 28 and 29 below “Gibraltar company” means an insurance company whose head office is in Gibraltar.
Where, in the case of an EC company which is not a Gibraltar company, Gibraltar requirements corresponding to those of paragraph 1 above have been complied with in respect of a branch, the requirements of that paragraph, and those of paragraph 2 above, shall not apply in respect of that branch. Where, in the case of an EC company which is not a Gibraltar company, Gibraltar requirements corresponding to those of paragraph 4 above have been complied with in respect of a branch, the requirements of that paragraph, and those of paragraph 5 above, shall not apply in respect of that branch. Where, in the case of an EC company which is not a Gibraltar company, Gibraltar requirements corresponding to those of paragraph 8 have been complied with in respect of the provision of any insurance, the requirements of that paragraph, and those of paragraph 9 above, shall not apply in respect of the provision of that insurance. Where, in the case of an EFTA company, Gibraltar requirements corresponding to those of paragraph 18 have been complied with in respect of the provision of any insurance, the requirements of that paragraph shall not apply in respect of the provision of that insurance. In this paragraph “Gibraltar requirements” means requirements imposed under any provision of the law of Gibraltar.
Where, in the case of an EC company which is not a Gibraltar company— the Treasury shall send to the supervisory authority in Gibraltar a notice which contains those details. Where, in the case of an EC company which is not a Gibraltar company— the Treasuryshall send to the supervisory authority in Gibraltar a notice which contains details of the changes. Where, in the case of an EC company which is not a Gibraltar company, the requirementsof paragraph 8 above are complied with in respect of the provision of any insurance, the Treasury shall send to the supervisory authority in Gibraltar a notice which contains the requisite details for the purposes of that paragraph. Where, in the case of an EFTA company, the requirements of paragraph 18 above are compliedwith in respect of the provision of any insurance, the Treasury shall send to the supervisory authority in Gibraltar a notice which contains the requisite details for the purposes of that paragraph.
A UK insurer shall not carry on direct insurance business of a class or part of a class through a branch in a member State other than the United Kingdom unless— The requirements of this paragraph are— A certificate is in accordance with this sub-paragraph if it— The Treasury shall, within the period of three months beginning with the date onwhich the insurer’s notice was received— The Treasury shall, within the period of three months referred to in sub-paragraph(4) above, notify the insurer— In the case of a UK company, the Treasury shall not refuse to give the notice referred to in sub-paragraph (2)(b) above unless, having regard to the business to be carried on through the branch, it appears to them that the criteria of sound and prudent management would not or might not continue to be fulfilled in respect of the company. Where the supervisory authority of the member State of the branch has informed the Treasury as mentioned in sub-paragraph (2)(c)(i) above, the Treasuryshall forward the information to the insurer.
A UK insurer shall not change the requisite EC details of a branch— unless the requirements of this paragraph have been complied with in relation to its making of the change. Subject to sub-paragraph (3) below, the requirements of this paragraph are— In the case of a change occasioned by circumstances beyond the insurer’s control, the requirements of this paragraph are that the insurer shall as soon as practicable (whether before or after the change) give a notice to the Treasury, and to the supervisory authority in the member State of the branch, stating the details of the change. The Treasury shall, as soon as practicable after receiving a notice under sub-paragraph(2)(a) above— The Treasury shall, as soon as practicable after making a decision under sub-paragraph (4) above, notify the insurer— In the case of a UK company, the Treasury shall not refuse to give the notice referred to in sub-paragraph (4)(a) above unless, having regard to the proposed change, it appears to them that the criteria of sound and prudent management would not or might not continue to be fulfilled in respect of the company.
A UK company shall not change the requisite UK details of a branch— unless the requirements of this paragraph have been complied with in relation to its making of the change. Subject to sub-paragraph (3) below, the requirements of this paragraph are that the company has given a notice to the Treasury stating the details of the proposed change at least one month before the change is effected. In the case of a change occasioned by circumstances beyond the company’s control, the requirements of this paragraph are that the company shall as soon as practicable (whether before or after the change) give a notice to the Treasury stating the details of the change.
The requisite EC details for the purposes of paragraphs 1 and 2 above are— The details referred to in sub-paragraph (1)(h)(ii) above are— The details referred to in sub-paragraph (1)(h)(iii) above are— The requisite UK details for the purposes of paragraphs 1 and 3 above are— In this paragraph “authorised agent” means an agent or employee of the insurer who has authority—
A UK insurer shall not provide insurance of any class or part of a class in a member State other than the United Kingdom unless the insurer is authorised under section 3 or 4 above to carry on insurance of that class or part of a class or is a member of Lloyd’s and either— The requirements of this paragraph are— A certificate is in accordance with this sub-paragraph if it— Where the insurer intends to provide insurance in more than one member State, the requisite details may be contained in a single notification but must be set out separately in relation to each member State. The Treasury shall, within the period of one month beginning with the date on which the insurer’s notice was received— The Treasury shall, within the period of one month referred to in sub-paragraph (5) above, notify the insurer— In the case of a UK company, the Treasury shall not refuse to give the notice referred to in sub-paragraph (2)(b) above unless, having regard to the insurance to be provided in the member State, it appears to them that the criteria of sound and prudent management would not or might not continue to be fulfilled in respect of the company.
A UK insurer shall not change the requisite details of the provision of insurance in a member State other than the United Kingdom unless the requirements of this paragraph have been complied with in relation to its making of the change. The requirements of this paragraph are— In the case of a change occasioned by circumstances beyond the insurer’s control, the requirements of this paragraph are that the insurer shall as soon as practicable give a notice to the Treasury stating the details of the change. The Treasury shall, as soon as practicable after receiving a notice under sub-paragraph (2)(a) above either— The Treasury shall, as soon as practicable after making a decision under sub-paragraph (4) above, notify the insurer— In the case of a UK company, the Treasury shall not refuse to give the notice referred to in sub-paragraph (4)(a) above unless, having regard to the proposed change, it appears to them that the criteria of sound and prudent management would not or might not continue to be fulfilled in respect of the company.
The requisite details for the purposes of paragraphs 5 and 6 above are—
the member State in which the insurance is to be provided;
the nature of the risks or commitments which the insurer proposes to cover in that State;
in the case of an insurer which intends to provide insurance to cover relevant motor vehicle risks—
a notice stating the name and address of the claims representative; and
a declaration that the insurer has become a member of the national bureau and the national guarantee fund in that State; and
in the case of an insurer which intends to cover health insurance risks, the technical bases which will be used for calculating premiums in respect of such risks.
A UK insurer which has ceased— shall as soon as practicable notify the Treasury in writing that it has done so. Any insurance which is provided by the insurer participating in a Community co-insuranceoperation otherwise than as the leading insurer shall be disregarded for the purposes of this paragraph.
Where a UK insurer intends to provide insurance in an EFTA State, it shall before doing so notify the Treasury in writing of its intention. The notification shall indicate— Where the insurer intends to provide insurance in more than one EFTA State, the information specified above may be contained in a single notification but must be set out separately in relation to each such State. Where a UK insurer has duly notified the Treasury of its intention to provide insurance in an EFTA State where administrative authorisation is required for the provision of insurance, then, if the original notification related— and the insurer subsequently intends to extend its activities to risks falling within the other category, it shall before doing so comply with sub-paragraphs (1) to (3) above in relation to those risks or commitments. Any insurance which is provided by the insurer participating in a Community co-insurance operation otherwise than as the leading insurer shall be disregarded for the purposes of this paragraph.
A UK insurer which intends to provide insurance in an EFTA State may apply to the Treasury for a certificate— If it appears to the Treasury that a certificate applied for under sub-paragraph (1) above ought to be issued, they shall issue the certificate accordingly. If the Treasuryrefuse to issue a certificate, theyshall inform the company in writing of their decision and of the reasons for it. In sub-paragraph (1) above “the relevant Directive” and “the relevant provisions” mean respectively—
Where a UK insurer intends to provide insurance in the United Kingdom, it shall before doing so notify the Treasury in writing of its intention. The notification shall indicate— Where the EEA State in which is situated the branch through which the company intends to provide insurance in the United Kingdom is an EFTA State, the notification shall be accompanied by a certificate, issued by the supervisory authority in that State, which— The insurer shall notify the Treasury in writing if— Any insurance which is provided by the insurer participating in a Community co-insurance operation otherwise than as the leading insurer shall be disregarded for the purposes of this paragraph.
A UK insurer commits an offence if— A person commits an offence if he causes or permits to be included in a notification sent to the Treasury under paragraph 1, 2, 3, 5 or 6 above a statement which he knows to be false in a material particular or recklessly causes or permits to be so included a statement which is false in a material particular. A person committing an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this Schedule— In sub-paragraph 2(b) and (c)(ii) above—
The law applicable to the contract is the law of the member State of the commitment. However, where the law of that member State so allows, the parties may choose the law of another country.
Where the policy holder is an individual and has his habitual residence in a member State other than that of which he is a national, the parties may choose the law of the member State of which he is a national.
Nothing in this Part of this Schedule restricts the application of the rules of a part of the United Kingdom in a situation where they are mandatory, irrespective of the law otherwise applicable to the contract.
Where a member State includes several territorial units, each of which has its own rules of law concerning contractual obligations, each unit shall be considered as a country for the purposes of identifying the applicable law. The provisions of this Part of this Schedule apply to conflicts between the laws of the different parts of the United Kingdom.
Subject to the preceding provisions of this Part of this Schedule, a court in a part of the United Kingdom shall act in accordance with the provisions of the Contracts (Applicable Law) Act 1990]. In particular, reference shall be made to those provisions to ascertain for the purposes of paragraph 6 what freedom of choice the parties have under the law of a part of the United Kingdom.