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Insurance Companies Act 1974

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This is the original version (as it was originally enacted).

61Offences under Part II

(1)Any person who—

(a)makes default in complying with sections 23 to 25 or 54(1) above or with any requirement imposed under section 29 above ; or

(b)in purported compliance with a requirement imposed under section 36 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

(c)causes or permits to be included in—

(i)any document copies of which are, by section 18 of this Act, required to be deposited with the Secretary of State;

(ii)any notice, statement or certificate served or furnished under or by virtue of section 15(2), 22(1) or 23(4) above;

(iii)any document deposited with the Secretary of State under section 21(4) or 34(4) above;

(iv)any statement sent out under section 42(3)(b) above,

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,

shall be guilty of an offence.

(2)Any person guilty of an offence under subsection (1) above shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;

(b)on summary conviction, to a fine not exceeding £400.

(3)Subject to the following provisions of this section—

(a)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

(b)any other person who makes default in complying with, or with a requirement imposed under, section 22, 24(6), 26, 30, 31, 32, 33, 36, 37, 42(4), 43(4) or 53(1) above,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £400.

(4)Where a person continues to make default in complying with—

(a)section 18(1) or (2), 20(1), 21(4) or 34(4) above; or

(b)a requirement imposed under section 35 or 36(1) above,

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.

(5)A person shall not be guilty of an offence by reason of his default in complying with section 53 or 54(1) 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.

(6)Where a person is charged with an offence in respect of his default in complying with a requirement imposed under section 36(2) or (3) above to produce any books or papers 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.

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