Statutory Instrument 1990 No. 1181

The Insurance Companies (Credit Insurance) Regulations 1990

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© Crown Copyright 1990

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1990 No. 1181

INSURANCE

The Insurance Companies (Credit Insurance) Regulations 1990

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972^[1] in relation to the authorisation of the carrying on of insurance business and the regulation of such business and its conduct^[2], in exercise of the powers conferred by that section and by sections 17, 18, 20, 21, 32(1), (2) and (3), 33(1), 90(1), 96(1) and 97 of the Insurance Companies Act 1982^[3], hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Insurance Companies (Credit Insurance) Regulations 1990 and shall come into force on 1st July 1990.

Interpretation
    2.—(1)  In these Regulations, except in so far as the context otherwise requires,-

"the 1982 Act" means the Insurance Companies Act 1982;


"credit insurance business" means all insurance business classified within general business class 14 of Part I of Schedule 2 to the 1982 Act that is not reinsurance;


"equalisation reserve" has the meaning given in regulation 3(1) below;


"the 1981 Regulations" means the Insurance Companies Regulations 1981^[4];


"the 1983 Regulations" means the Insurance Companies (Accounts and Statements) Regulations 1983^[5].

    (2)  For the purposes of these Regulations, except where the context otherwise requires, expressions used in these Regulations have the same meanings as in the 1982 Act and the 1981 and 1983 Regulations.

Equalisation reserve
    3.—(1)  Subject to regulation 4 below, every company which carries on credit insurance business shall maintain a reserve (in these Regulations referred to as an "equalisation reserve") determined (at the option of the company) in accordance with one of the four methods set out in Schedule 1 to these Regulations.

    (2)  In applying section 32(5) of the 1982 Act (margins of solvency), the value of the company's liabilities shall be treated as being increased by the amount of the equalisation reserve.

Exemption from equalisation reserve requirement
    4.—(1)  Regulation 3 above shall not apply to a company carrying on credit insurance business where the premiums or contributions receivable in any financial year in respect of its credit insurance business in the United Kingdom are less than 4 per cent of the total premiums or contributions receivable by it in the United Kingdom in that financial year and less than 2,500,000 units of account.

    (2)  For the purposes of paragraph (1) above "premiums or contributions receivable" means the premiums or contributions recorded in the company's books in respect of a financial year as due to it in respect of contracts relating to credit insurance business commencing in that year or commencing in earlier financial years but not accounted for in the company's revenue account prior to that financial year, whether or not received by the company during that financial year, after deducting discounts, refunds and rebates of premiums as recorded in respect of the same period and after deducting premiums for reinsurance ceded in respect of that period; and for the purpose of determining whether a premium is due no account shall be taken of any credit arrangements made in respect thereof.

Amendments to the 1981 Regulations
    5.    The 1981 Regulations shall be amended as follows-
 (a) in regulation 2 after the definition of "cede" and "cession" there shall be inserted the following definition-
""credit insurance business" has the meaning given in the Insurance Companies (Credit Insurance) Regulations 1990;"

 (b) in paragraph 1(b) of Schedule 2 for the words "and frost (as included in general business class 9)" there shall be substituted the words ", frost (as included in general business class 9) and credit (as included in general business class 14)";
 (c) in paragraph 6 of Schedule 3 for the words "subject to paragraphs 7, 8 and 9 below" there shall be substituted the words "subject to paragraphs 6A and B, 7, 8 and 9 below";
 (d) after paragraph 6 of Schedule 3 there shall be inserted the following paragraphs-
    "6A    In the case where the risks covered fall within class 14 of Part I of Schedule 2 to the 1982 Act and where the annual amount of premiums or contributions of the company due in respect of that class for each of the preceding three financial years exceeded 2,500,000 units of account or 4 per cent of the total amount of premiums or contributions receivable by the company, for the amount of units of account given in the table in paragraph 6 above there shall be substituted the amount of 1,400,000 units of account."

    "6B    Where a company carrying on credit insurance business is required to increase the amount of units of account pursuant to paragraph 6A above, the company shall have:-
    —  a period of three years in which to bring the fund up to 1,000,000 units of account;

    —  a period of five years to bring the fund up to 1,200,000 units of account;

    —  a period of seven years to bring the fund up to 1,400,000 units of account;
such periods to run from the date on which the criteria set out in paragraph 6A are fulfilled.

 (e) in paragraph 8 of Schedule 3 for the words "6 and 7 above" there shall be substituted the words "6, 6A, 6B and 7 above".

Amendments to the 1983 Regulations
    6.    The 1983 Regulations shall be amended as follows-
 (a) in paragraph (1) of regulation 3,
 (i) after the definition of "contract of insurance" there shall be inserted the following definition-
""credit insurance business" has the meaning given in the Insurance Companies (Credit Insurance) Regulations 1990;" ;

 (ii) after the definition of "direct and facultative" there shall be inserted the following definition-
""equalisation reserve" has the meaning given in the Insurance Companies (Credit Insurance) Regulations 1990;" ;

 (iii) in paragraph (b) of the definition of "premiums receivable", for the words "in any other case, the premiums recorded" there shall be substituted the words "except as provided for in paragraph (c) below, in any other case the premiums recorded";
 (iv) after paragraph (b) of the definition of "premiums receivable" there shall be inserted the following paragraph-
"(c) for the purposes of preparing Form 29A or 29B as required by regulation 22A, the premiums recorded in the company's books in respect of a financial year as due to it in respect of contracts relating to credit insurance business commencing in that year or commencing in earlier financial years but not accounted for in the company's revenue account prior to that financial year, whether or not received by the company during that financial year, after deducting discounts, refunds and rebates of premiums as re corded in respect of the same period and after deducting premiums for reinsurance ceded in respect of that period; and for the purpose of determining whether a premium is due no account shall be taken of any credit arrangements made in respect thereof;" ;

 (b) after regulation 22 there shall be inserted the following:-

"Additional information on direct credit insurance business accepted



    22A.    Without prejudice to regulation 9 above, every company which carries on credit insurance business shall, in accordance with the requirements of Schedule 2 below, prepare Form 29A or, where it elects to account for any business on a three-year basis, 29B, in respect of each financial year commencing on or after 1 July 1990 and where a financial year commenced before and ends after 1 July 1990 in respect of that part of the financial year falling after that date." ;

 (c) in Schedule 1, for Form 15 there shall be substituted the Form 15 set out in Schedule 2 to these Regulations;
 (d) in Schedule 2:-
 (i) in the rubric after "22" there shall be inserted ",22A";
 (ii) after Form 29 there shall be inserted Forms 29A and 29B as set out in Schedule 3 to these Regulations.

John Redwood

Parliamentary Under-Secretary of State, Department of Trade and Industry

4th June 1990

[1] 1972 c. 68. back

[2] S.I. 1976/2141. back

[3] 1982 c. 50; sections 21 and 96(1) were amended by the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9), section 30 and Schedule 2. back

[4] S.I. 1981/1654, amended by S.I. 1987/2130 and to which there are other amendments not relevant to these Regulations. back

[5] S.I. 1983/1811, amended by S.I. 1987/2130 and 1988/672. back

Explanatory Note