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Insurance Companies Act 1981

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This is the original version (as it was originally enacted).

Intervention by Secretary of State

22Grounds for intervention

__(1) Notwithstanding anything in section 28 of the 1974 Act (grounds for intervention), the powers conferred on the Secretary of State by sections 31 and 32 of that Act shall not be exercisable in relation to an insurance company except—

(a)where the Secretary of State has given (and not revoked) a direction in respect of the company under section 11 above; or

(b)on the ground that it appears to the Secretary of State that the company has failed to satisfy an obligation to which it is subject by virtue of section 26B, 26C or 26D of the 1974 Act; or

(c)where the ground for intervention arises out of the submission by the company to the Secretary of State of an account or statement specifying, as the amount of any liabilities of the company, an amount appearing to the Secretary of State 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.

(2)In section 28 of the 1974 Act

(a)in paragraph (b)(i) of subsection (1), at the end, there shall be added the words

or the Insurance Companies Act 1981;

(b)in paragraph (c) of that subsection, at the end, there shall be added the words

or any provision of the Insurance Companies Act 1981;

(c)in paragraph (e) of that subsection for the words " section 7 above " there shall be substituted the words

section 7, 8 or 9 of the Insurance Companies Act 1981; and

(d)after that paragraph there shall be added—

(f)that it appears to him that there has been a substantial departure from any proposal or forecast submitted to him by the company in accordance with section 5 of the Insurance Companies Act 1981 ;

(g)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 has in accordance with section 9(2) of the Insurance Companies Act 1981 made a deposit; and

(e)subsection (2) shall cease to have effect.

23Powers of intervention

(1)Section 29 of the 1974 Act (restrictions on new business) shall cease to have effect.

(2)At the end of section 30 of the 1974 Act (requirements about investments) there shall be added—

(3)A requirement under this section shall not apply to the assets of a company so far as their value exceeds—

(a)in the case of a company whose head office is in a member State other than the United Kingdom, or which has in accordance with section 9(2) of the Insurance Companies Act 1981 made a deposit in such a member State, the amount of the liabilities of the business carried on by the company in the United Kingdom ;

(b)in any other case, the amount of the liabilities of the company; that value and amount being determined in accordance with any applicable valuation regulations..

(3)In subsection (5) of section 31 of the 1974 Act (maintenance of assets in the United Kingdom) for the words from " arising " to the end there shall be substituted the words

of the business carried on by the company in the United Kingdom.

(4)At the end of section 37 of the 1974 Act (residual power) there shall be added—

(2)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—

(a)after the Secretary of State has given a direction under section 11 of the Insurance Companies Act 1981; or

(b)on the ground that it appears to the Secretary of State that the company has failed to satisfy an obligation to which it is subject by virtue of section 26B, 26C or 26D above ; or

(c)where the ground for intervention arises out of the submission by the company to the Secretary of State of an account or statement specifying, as the amount of any liabilities of the company, an amount appearing to the Secretary of State 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..

24Entry and search of premises

In section 110(1) of the Companies Act 1967 (search warrants in respect of documents whose production has been required under section 109 of that Act or section 36 of the 1974 Act) the words " or section 36 of the Insurance Companies Act 1974 " shall cease to have effect.

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