SCHEDULES

[F1 SCHEDULE 2F] U.K. RECOGNITION IN THE UNITED KINGDOM OF EC AND EFTA COMPANIES]

Textual Amendments

F1 Sch. 2F inserted (1.7.1994) by S.I. 1994/1696, reg. 45(2), Sch. 6

Modifications etc. (not altering text)

C1 Sch. 2F: Power to contract out certain functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 60

PART I U.K. EC COMPANIES CARRYING ON BUSINESS ETC. IN THE UNITED KINGDOM

Requirements for carrying on direct insurance business U.K.

1 (1) 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—

(a) 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

(b) the requirements of this paragraph have been complied with in respect of that branch.

(2) The requirements of this paragraph are—

(a) that the supervisory authority in the company’s home State has sent to the Secretary of State—

(i) a notice which contains the requisite details; and

(ii) a certificate in accordance with sub-paragraph (3) below; and

(b) that either—

(i) the Secretary of State has informed that authority of the conditions which, in the interest of the general good, must be complied with by the company in carrying on insurance business through the branch; or

(ii) the period of two months beginning with the day on which the Secretary of State received the notice and certificate mentioned in paragraph (a) above has elapsed.

(3) 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—

(a) attests that the company has the minimum margin of solvency calculated in accordance with such of the following as are appropriate—

(i) Articles 16 and 17 of the first general insurance Directive, and

(ii) Articles 18, 19 and 20 of the first long term insurance Directive; and

(b) indicates the classes of business which the company is authorised to carry on in accordance with Article 6 of the first general insurance Directive or Article 6 of the first long term insurance Directive.

(4) The Secretary of State shall as soon as practicable—

(a) acknowledge receipt of the documents sent by the supervisory authority in the company’s home State; and

(b) where necessary, send a copy of those documents and a note of the date of their receipt to every other authority which he knows is a connected UK authority.

(5) 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 Secretary of State 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.

2 (1) An EC company shall not change the requisite details of a branch—

(a) which has been established by it in the United Kingdom; and

(b) through which it carries on direct insurance business,

unless the requirements of this paragraph have been complied with in relation to its making of the change.

(2) Subject to sub-paragraph (3) below, the requirements of this paragraph are—

(a) that the company has given a notice to the Secretary of State, and to the supervisory authority in its home State, stating the details of the proposed change not less than one month before the change is to take place;

(b) that the Secretary of State has received from that authority a notice stating that it has approved the proposed change; and

(c) that either—

(i) the Secretary of State has informed that authority of any consequential changes in the conditions which, in the interest of the general good, must be complied with by the company in carrying on insurance business through the branch; or

(ii) the period of two months beginning with the day on which the company gave the Secretary of State the notice under paragraph (a) above has elapsed.

(3) 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 Secretary of State, and to the supervisory authority in its home State, stating the details of the change.

(4) The Secretary of State shall as soon as practicable—

(a) acknowledge receipt of the documents sent under sub-paragraph (2) or (3) above;

(b) send a copy of those documents, and a note of the date of their receipt, to every other authority which he knows is a connected UK authority; and

(c) in the case of a notice under sub-paragraph (3) above, inform the supervisory authority in the home State of any consequential changes in the conditions which, in the interest of the general good, must be complied with by the company in carrying on insurance business through the branch.

Requisite details for purposes of paragraphs 1 and 2 U.K.

3 The requisite details for the purposes of paragraphs 1 and 2 above are—

(a) the name of the company;

(b) the address of the branch in the United Kingdom and confirmation that it is an address for service on the company’s authorised agent;

(c) the name of the company’s authorised agent;

(d) a scheme of operations prepared in accordance with such requirements as may be imposed by the supervisory authority in its home State; and

(e) 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).

Requirements for carrying on reinsurance business U.K.

4 (1) An EC company shall not carry on reinsurance business of any description through a branch in the United Kingdom unless—

(a) the company is entitled under the law of its home State to carry on business of that description; and

(b) the requirements of this paragraph have been complied with in respect of that branch.

(2) The requirements of this paragraph are—

(a) that the company has served on the Secretary of State—

(i) a written notice stating its intention to carry on reinsurance business and containing the requisite details; and

(ii) a statement from the supervisory authority in its home State stating the classes of business which the company carries on and declaring that the company has the required margin of solvency or minimum guarantee fund; and

(b) that either—

(i) the Secretary of State has informed the company that it may begin to carry on the reinsurance business; or

(ii) the period of three months beginning with the date of service of that notice has expired.

5 (1) An EC company shall not change the requisite details of a branch—

(a) which has been established by it in the United Kingdom; and

(b) through which it carries on reinsurance business,

unless the requirements of this paragraph have been complied with in relation to its making of the change.

(2) Subject to sub-paragraph (3) below, the requirements of this paragraph are that the company has given a notice to the Secretary of State stating the details of the proposed change not less than one month before the change is to take place.

(3) 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 Secretary of State stating the details of the change.

Requisite details for purposes of paragraphs 4 and 5 U.K.

6 The requisite details for the purposes of paragraphs 4 and 5 above are—

(a) the name of the company;

(b) the address of the branch in the United Kingdom and confirmation that it is an address for service on the company’s authorised agent;

(c) the name of the company’s authorised agent;

(d) a scheme of operations containing particulars of the reinsurance business to be carried on through the branch.

Power of Secretary of State where notice given under paragraph 4 or 5 U.K.

7 (1) This paragraph applies where the Secretary of State receives from an EC company a notice given in accordance with paragraph 4 or 5 above.

(2) The Secretary of State may, before the end of the period of three months beginning with the day on which he receives the notice, direct that Part II of this Act shall apply to the company.

(3) Before giving a direction under sub-paragraph (2) above, the Secretary of State shall serve on the company a written notice stating—

(a) that he is considering giving a direction and particulars of the ground on which he is considering it; and

(b) that the company may, within the period of one month from the date of service of the notice, make written representations to the Secretary of State and, if the company so requests, oral representations to an officer of the Department of Trade and Industry appointed for the purpose by the Secretary of State.

(4) Where representations are made in response to a notice under sub-paragraph (3) above, the Secretary of State shall take them into account before giving a direction.

Requirements for providing insurance U.K.

8 (1) 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—

(a) the requirements of this paragraph have been complied with in respect of that insurance; or

(b) the insurance is provided by the company participating in a Community co-insurance operation otherwise than as the leading insurer.

(2) The requirements of this paragraph are—

(a) that the supervisory authority in the company’s home State has sent to the Secretary of State a notice containing the requisite details and a certificate in accordance with sub-paragraph (3) below; and

(b) that the company has been notified by that authority that it has sent such a notice to the Secretary of State.

(3) A certificate is in accordance with this sub-paragraph if it—

(a) attests that the company has the minimum margin of solvency calculated in accordance with such of the following as are appropriate—

(i) Articles 16 and 17 of the first general insurance Directive, and

(ii) Articles 18, 19 and 20 of the first long term insurance Directive; and

(b) indicates the classes of business which the company is authorised to carry on in accordance with Article 6 of the first general insurance Directive or Article 6 of the first long term insurance Directive.

9 (1) 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.

(2) Subject to sub-paragraph (3) below, the requirements of this paragraph are—

(a) that the company has given a notice to the supervisory authority in its home State stating the details of the proposed change; and

(b) that that authority has passed to the Secretary of State the information contained in that notice.

(3) 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.

Requisite details for purposes of paragraphs 8 and 9 U.K.

10 The requisite details for the purposes of paragraph 8 and 9 are—

(a) the name and address of the company;

(b) the nature of the risks or commitments which the company proposes to cover in the United Kingdom; and

(c) in the case of a company which intends to cover relevant motor vehicle risks—

(i) the name and address of the claims representative, and

(ii) 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).

Additional requirements for covering relevant motor vehicle risks U.K.

11 An EC company shall not provide insurance in the United Kingdom to cover relevant motorvehicle risks unless—

(a) 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

(b) 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.

Power to prevent disposal of assets U.K.

12 (1) The powers conferred on the Secretary of State 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 Secretary of State to prohibit the free disposal of assets of that company and has confirmed—

(a) that the company has failed to comply with the requirements of Article 15 of the first general insurance Directive or Article 17 of the first long term insurance Directive;

(b) that the solvency margin of the company has fallen below the minimum required by Article 16(3) of the first general insurance Directive or Article 19 of the first long term insurance Directive; or

(c) that the solvency margin of the company has fallen below the guarantee fund as defined in Article 17 of the first general insurance Directive or Article 20 of the first long term insurance Directive.

(2) Those powers shall also be so exercisable if the Secretary of State is 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.

Powers to obtain information U.K.

13 (1) Subject to sub-paragraph (2) below, the powers conferred by section 44 above on the Secretary of State or persons authorised by him shall be exercisable in respect of an EC company if either—

(a) the following requirements are fulfilled, namely—

(i) the supervisory authority in the company’s home State has made a written request to the Secretary of State to obtain information from the company; and

(ii) the Secretary of State is satisfied that the information to be acquired is necessary to enable that supervisory authority to perform its obligations under Article 19 of the first general insurance Directive or Article 23 of the first long term insurance Directive; or

(b) the Secretary of State considers the exercise of those powers in respect of that company to be necessary to enable him to perform his functions under this Act.

(2) The Secretary of State 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.

14 (1) The powers conferred by section 44 above on the Secretary of State shall be exercisable in respect of an EC company by a person authorised by the supervisory authority in the company’s home State if—

(a) the information to be requested by that person is necessary to enable the authority to perform its obligations in respect of the company under Article 19 of the first general insurance Directive or Article 23 of the first long term insurance Directive; and

(b) the authority has notified the Secretary of State in writing of that person’s intention to exercise those powers.

(2) An officer or agent of the Secretary of State may accompany a person so authorised while he is acting in the exercise of those powers.

Valid from 05/01/1998

[F2 14A 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.]

Textual Amendments

F2 Sch. 2F para. 14A inserted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 79 (with art. 7)

Residual power to protect policy holders U.K.

15 The Secretary of State may exercise his powers under section 45 above in relation to an EC company if the supervisory authority in the company’s home State—

(a) has informed the Secretary of State 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

(b) in accordance with that Article, has requested the Secretary of State to take measures in the United Kingdom to safeguard the interests of policy holders of the company.

Powers of intervention U.K.

16 (1) Where it appears to the Secretary of State that an EC company has failed to comply with any provision of law applicable to its insurance activities in the United Kingdom, he may require it to take such steps as he may specify to comply with that provision.

(2) If the company fails to comply with a requirement under sub-paragraph (1) above, the Secretary of State shall notify the supervisory authority in the home State.

(3) If, after the Secretary of State has taken the action mentioned in sub-paragraphs (1) and (2) above, the company persists in contravening the provision in question, the Secretary of State 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.

(4) The Secretary of State may exercise his powers under sub-paragraph (3) above without the conditions there mentioned being fulfilled if he considers that those powers should be exercised as a matter of urgency.

(5) After giving a direction under this paragraph, the Secretary of State shall by notice in writing inform the company of his reasons for doing so.

(6) 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.

(7) A requirement or direction under this paragraph may be varied or revoked by the Secretary of State.

Power to withdraw recognition U.K.

17 (1) This paragraph applies where—

(a) an EC company is carrying on insurance business or providing insurance in the United Kingdom; and

(b) the Secretary of State is notified by the supervisory authority in the home State 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.

(2) The Secretary of State 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.

(3) Where the Secretary of State receives notification under sub-paragraph (1) above he shall forthwith inform the connected UK authorities of its receipt.

(4) After giving such a direction, the Secretary of State shall by notice in writing inform the company of his reasons for doing so.

(5) 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.

PART II U.K. EFTA COMPANIES PROVIDING INSURANCE IN UNITED KINGDOM

Documents to be furnished to the Secretary of State U.K.

18 (1) An EFTA company which intends to provide insurance in the United Kingdom shall send to the Secretary of State—

(a) a certificate, issued by the supervisory authority in the EFTA State in which the company’s head office is situated, which attests—

(i) that the company possesses for its activities as a whole the minimum solvency margin calculated in accordance with the relevant provisions; and

(ii) that the company’s authorisation in accordance with Article 7(1) of the relevant Directive enables the company to operate outside the EEA State in which the establishment through which the insurance will be provided is situated (“the EEA State of establishment");

(b) a certificate, issued by the supervisory authority in the EEA State of establishment, which—

(i) indicates the classes of insurance business which the company has been authorised to undertake through that establishment;

(ii) states that the authority does not object to the company providing insurance in the United Kingdom; and

(iii) where the company intends to provide long term insurance in the United Kingdom, confirms that all the commitments which the company intends to cover fall within the classes of insurance business which the company has been authorised to undertake through that establishment;

(c) a statement by the company of the nature of the risks or commitments which it proposes to cover in the United Kingdom;

(d) a notice stating the address of the company for the purpose of service of documents under this Schedule; and

(e) in the case of a company which intends to provide insurance to cover relevant motor vehicle risks—

(i) a notice stating the name and address of the claims representative; and

(ii) a declaration 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);

and the company shall not provide insurance in the United Kingdom before the date certified as that on which those documents were received by the Secretary of State.

(2) 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 Secretary of State 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 Secretary of State.

(3) An EFTA company providing insurance in the United Kingdom shall notify the Secretary of State in writing of—

(a) any change of address of the company for the purpose of the service of documents; and

(b) where it provides insurance to cover relevant motor vehicle risks, any change of name or address of the claims representative.

(4) In sub-paragraph (1) above “the relevant Directive" and “the relevant provisions" mean respectively—

(a) if the company intends to cover risks, the first general insurance Directive and Articles 16 and 17 of that Directive;

(b) if the company intends to cover commitments, the first long term insurance Directive and Articles 18, 19 and 20 of that Directive.

(5) 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.

Additional requirements with respect to relevant motor vehicle risks U.K.

19 An EFTA company shall not provide insurance in the United Kingdom to cover relevant motor vehicle risks unless—

(a) 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

(b) 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.

Powers of intervention U.K.

20 (1) Where it appears to the Secretary of State that an EFTA 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.

(2) If the company fails to comply with a requirement under sub-paragraph (1) above, the Secretary of State shall notify the supervisory authority in the EEA State in which the establishment through which the insurance is provided is situated.

(3) If the company persists in contravening a provision which has been the subject of arequirement under sub-paragraph (1) above, the Secretary of State may, after informing that supervisory authority, direct the company to cease to provide insurance, or insurance of any specified description, in the United Kingdom.

(4) After giving such a direction, the Secretary of State shall by notice in writing inform the company of his reasons for doing so.

(5) 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.

(6) A requirement or direction under this paragraph may be varied or revoked by the Secretary of State.

Power to require information U.K.

21 The Secretary of State may, for the purpose of facilitating the exercise by him of his functions under paragraph 20 above, require an EFTA 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.

Withdrawal of authorisation U.K.

22 (1) Where an EFTA company is providing insurance in the United Kingdom and the Secretary of State is notified 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—

(a) Article 22 of the first general insurance Directive, or

(b) 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.

(2) After giving such a direction, the Secretary of State shall by notice in writing inform thecompany of his reasons for doing so.

(3) 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.

PART III U.K. EFTA COMPANIES PROVIDING INSURANCE THROUGH ESTABLISHMENTS IN THE UNITED KINGDOM

Notification to Secretary of State U.K.

23 (1) Where an EFTA company intends to provide insurance through an establishment in the United Kingdom, it shall before doing so notify the Secretary of State of its intention.

(2) The notification shall indicate—

(a) the EEA State in which the insurance is to be provided, and

(b) the nature of the risks or commitments which the company proposes to cover.

(3) 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.

(4) Where a company has duly notified the Secretary of State 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—

(a) only to risks or commitments in respect of which such authorisation is required, or

(b) only to risks or commitments in respect of which such authorisation is not required,

Issue of certificates by Secretary of State U.K.

24 (1) An EFTA company which intends to provide insurance through an establishment in the United Kingdom may apply to the Secretary of State for a certificate—

(a) indicating the classes of insurance which the company is authorised to carry on in the United Kingdom, and

(b) stating that the Secretary of State does not object to the company providing the insurance.

(2) If it appears to the Secretary of State that a certificate applied for under sub-paragraph (1) above ought to be issued, he shall issue the certificate accordingly.

(3) 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.

PART IV U.K. SUPPLEMENTAL

Offences U.K.

25 (1) An EC company commits an offence if—

(a) it carries on insurance business in the United Kingdom in contravention of paragraph 1 or 4 above;

(b) in contravention of paragraph 2 or 5 above, it changes the requisite details of a branch established by it in the United Kingdom;

(c) it provides insurance in the United Kingdom in contravention of paragraph 8 or 11 above;

(d) in contravention of paragraph 9 above, it changes the requisite details relating to the provision of insurance in the United Kingdom; or

(e) it makes default in complying with, or with a requirement imposed under, any other provision of Part I of this Schedule.

(2) An EFTA company commits an offence if—

(a) it provides insurance in the United Kingdom in contravention of paragraph 18 or 19 above; or

(b) it makes default in complying with, or with a requirement imposed under, any other provision of Part II or III of this Schedule.

(3) A person commits an offence if—

(a) in purported compliance with a requirement under paragraph 13, 14 or 21 above, 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

(b) he causes or permits to be included in a document required by paragraph 1, 2, 4, 8, 9 or 18 above to be sent to the Secretary of State 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.

(4) A person committing an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Interpretation etc. U.K.

26 (1) In this Schedule—

“authorised agent”, in relation to an EC company, means an agent or employee of the company who has authority—

(a) to bind the company in its relations with third parties; and

(b) to represent the company in its relations with the supervisory authorities and courts in the United Kingdom;

“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.

(2) In this Schedule—

(a) references in Part I to the provision of insurance in the United Kingdom are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in the United Kingdom through an establishment in another member State;

(b) references in Part II to the provision of insurance in the United Kingdom are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in the United Kingdom through an establishment in another EEA State;

(c) references in Part III to the provision of insurance through an establishment in the United Kingdom are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in another EEA State through an establishment in the United Kingdom.

(3) In sub-paragraph 2(b) and (c) above—

(a) references to a risk do not include a risk falling within any of the following classes of Schedule 2 to this Act (general business), namely—

• class 1, so far as it relates to accidents at work;

• classes 9 and 13, so far as they relate to the compulsory insurance of building works;

• class 13, so far as it relates to nuclear civil liability and pharmaceutical product liability; and

(b) references to a commitment do not include a commitment falling within any of classes VII, VIII and IX of Schedule 1 to this Act (long term insurance).

(4) 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.

Gibraltar U.K.

27 (1) Except in its application to a Gibraltar company, this Schedule shall apply as if Gibraltar were part of the United Kingdom.

(2) In this paragraph and paragraphs 28 and 29 below “Gibraltar company” means an insurance company whose head office is in Gibraltar.

28 (1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) In this paragraph “Gibraltar requirements” means requirements imposed under any provision of the law of Gibraltar.

29 (1) Where, in the case of an EC company which is not a Gibraltar company—

(a) the requirements of paragraph 1 or 4 above are complied with in respect of a branch; and

(b) the requisite details for the purposes of that paragraph indicate that the company intends to carry on insurance business in Gibraltar,

the Secretary of State shall send to the supervisory authority in Gibraltar a notice which contains those details.

(2) Where, in the case of an EC company which is not a Gibraltar company—

(a) the requirements of paragraph 2 or 5 above are complied with in respect of a branch; and

(b) the changes in requisite details for the purposes of that paragraph indicate that the company intends to carry on insurance business in Gibraltar,

the Secretary of State shall send to the supervisory authority in Gibraltar a notice which contains details of the changes.

(3) 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 Secretary of State shall send to the supervisory authority in Gibraltar a notice which contains the requisite details for the purposes of that paragraph.

(4) 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 Secretary of State shall send to the supervisory authority in Gibraltar a notice which contains the requisite details for the purposes of that paragraph.

SCHEDULES

Section 1.

SCHEDULE 1 U.K. Classes of Long Term Business

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.
[F3 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.]

Textual Amendments

F3Classes VIII, IX in Sch. 1 inserted (1.7.1994) by S.I. 1994/1696, reg. 3

Sections 1 and 3.

SCHEDULE 2 U.K. General Business

Part I U.K. Classes

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 [F4 (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).
[F5 18]	[F5 Assistance]	[F5 Effecting and carrying out contracts of insurance providing either or both of the following benefits, namely—]
		[F5 (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]
		[F5 (b) assistance (whether in cash or in kind) for persons who get into difficulties otherwise than as mentioned in paragraph (a) above.]

Textual Amendments

F4Words added by S.I. 1987/2130, reg. 2(b)(i)

F5 Class 18 added by S.I. 1987/2130, reg. 2(b)(ii)

Part II U.K. Groups of Classes

Modifications etc. (not altering text)

C2 Pt. II Group 1 extended by S.I. 1984/1821 (N.I. 11), art. 17(3)

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.

[F6 SCHEDULE 3 U.K. Determination of Premium Limit]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 3 ceased to have effect (1.7.1994) by virtue of S.I. 1994/1696, regs. 7(2), 68(3)

[F7 SCHEDULE 3A U.K. Law applicable to certain contracts of insurance]

Textual Amendments

F7 Schedule 3A inserted by S.I. 1990/1333, reg. 6(2)

[F8 PART I U.K. general BUSINESS]

Textual Amendments

F8 By virtue of S.I. 1993/174, reg. 5(4)(5) the provisions of Sch. 3A have become (20.5.1993) Pt. I of that Sch. under that heading “GENERAL BUSINESS” and Pt. II of Sch. 3A inserted

X1 General rules as to applicable law U.K.

Editorial Information

X1 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

X2 1 (1) Where the policy holder has his habitual residence or central administration within the territory of the member State where the risk is situated, the law applicable to the contract is the law of that member State.

However, where the law of that member State so allows, the parties may choose the law of another country.

(2) Where the policy holder does not have his habitual residence or central administration within the territory of the member State where the risk is situated, the parties to the contract may choose to apply either—

(a) the law of the member State where the risk is situated, or

(b) the law of the country in which the policy holder has his habitual residence or central administration.

(3) Where the policy holder carries on a business and the contract covers two or more risks relating to his business which are situated in different member States, the freedom of choice of the law applicable to the contract extends to the laws of those member States and of the country in which he has his habitual residence or central administration.

In this sub-paragraph “business” includes a trade or profession.

(4) Where the member States referred to in sub-paragraph (2) or (3) grant greater freedom of choice of the law applicable to the contract, the parties may take advantage of that freedom.

(5) Notwithstanding sub-paragraphs (1) to (3), when the risks covered by the contract are limited to events occurring in a member State other than the member State where the risk is situated, the parties may always choose the law of the former State.

[F9 (6) Where the risk—

(a) is situated in an EFTA state and falls within class 4, 5, 6, 7, 11 or 12 of Part I of Schedule 2 to this Act; or

(b) is situated in a member State and is a large risk,

the parties to the contract may choose any law.

(7) Where the risk is situated in a member State which has implemented the transitional provisions in Article 27 of the second general insurance Directive, the meaning of 'large risk’ for the purposes of sub-paragraph (6) above shall be determined in accordance with the law applicable in that State.]

Editorial Information

X2 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading

Textual Amendments

F9 Sch. 3A para. 1(6)(7) substituted (1.7.1994) for Sch. 3A para. 1(6) by S.I. 1994/1696, reg. 49

X3 Applicable law in the absence of choice U.K.

Editorial Information

X3 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

X4 2 (1) The choice referred to in paragraph 1 must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case.

(2) If that is not so, or if no choice has been made, the contract shall be governed by the law of the country (from amongst those considered in the relevant sub-paragraphs) with which it is most closely connected.

(3) Nevertheless, a severable part of the contract which has a closer connection with another country (from amongst those considered in the relevant sub-paragraphs) may by way of exception be governed by the law of that other country.

(4) A contract is rebuttably presumed to be most closely connected with the member State where the risk is situated.

Editorial Information

X4 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

X5 Mandatory rules U.K.

Editorial Information

X5 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

X6 3 (1) The fact that in the cases referred to in paragraph 1 the parties have chosen a law does not, where all the other elements relevant to the situation at the time of the choice are connected with one member State only, prejudice the application of the mandatory rules of the law of that member State, which means the rules from which the law of that member State allows no derogation by means of a contract.

(2) Nothing in [F10 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.

Editorial Information

X6 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

Textual Amendments

F10 Words in Sch. 3 paras. 3(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(a)

X7 Supplementary provisions U.K.

Editorial Information

X7 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

X8 4 (1) 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.

(2) The provisions of [F11 this Part of this Schedule]apply to conflicts between the laws of the different parts of the United Kingdom.

Editorial Information

X8 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

Textual Amendments

F11 Words in Sch. 3, para. 4(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(a)

X9 5 (1) Subject to the preceding provisions of [F12 this Part of this Schedule], a court in a part of the United Kingdom [F13 shall act in accordance with the provisions of the Contracts (Applicable Law) Act 1990;]

(2) In particular, reference shall be made to [F14 those provisions]—

(a) to ascertain for the purposes of paragraph 1(1) and (4) what freedom of choice the parties have under the law of a part of the United Kingdom; and [F15 those provisions]

(b) to determine whether the mandatory rules of another member State should be applied in accordance with paragraph 3(1) where the law otherwise applicable is the law of a part of the United Kingdom.

Editorial Information

X9 The existing provisions of Sch. 3A (paras. 1-5) became Sch. 1A Pt. I with effect from 20.05.1993 when a new Pt. I heading was inserted. Versions of those provisions as they stood at any time before that date cannot be accessed by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 20.05.1993 or navigate via the Sch. 3A heading.

Textual Amendments

F12 Words in Sch. 3 para. 5(1) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(a)

F13 Words in Sch. 3 para. 5(1) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(b)

F14 Words in Sch. 3 para. 5(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(c)

F15 Words in Sch. 3 para. 5(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(c)

[F16 PART II U.K. LONG TERM BUSINESS]

Textual Amendments

F16 Sch. 3A Pt. II (paras. 6-10) inserted (20.5.1993) by S.I. 1993/174, reg. 5(5)

General rules as to applicable law U.K.

6 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.

7 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.

mandatory rules U.K.

8 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.

supplementary provisions U.K.

9 (1) 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.

(2) The provisions of this Part of this Schedule apply to conflicts between the laws of the different parts of the United Kingdom.

10 (1) 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].

(2) 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.

Section 99(1).

SCHEDULE 4 U.K. Saving and Transitional Provisions

Saving for requirements, directions and powers under the Companies Act 1967 U.K.

1 The repeal by the M1 Insurance Companies Amendment Act 1973 of sections 65, 68 and 80 and subsection (1)(f) of section 109 of the M2 Companies Act 1967 shall not affect—

(a) any requirement or direction imposed or given under any of those sections before 25th July 1973;

(b) 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

(c) 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;

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 M3 Insurance Companies Act 1974 and this Act had not been passed.

Marginal Citations

M1 1973 c. 58.

M2 1967 c. 81

M3 1974 c. 49.

Periodic actuarial investigations under section 18 above in relation to any period of twelve months beginning before 1st October 1982 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F17 2

Textual Amendments

F17 Sch. 4 para. 5 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V

Adjustments of established surplus for purposes of section 30(1) above U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F18 3

Textual Amendments

F18 Sch. 4 para. 5 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V

Margins of solvency U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F19 4

Textual Amendments

F19 Sch. 4 para. 4 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F20 5

Textual Amendments

F20 Sch. 4 para. 5 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V

Postponement of coming into force of section 36 above U.K.

6 F21 . . .Section 36 of this Act shall not take effect until the first regulations under the said section F21 . . .36 come into operation.

Textual Amendments

F21 Words in Sch. 4 para. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. V

Saving for schemes of operation submitted under Insurance Companies (Authorisation and Accounts: General Business) Regulations U.K.

7 For the purposes of section 37(2)(f) of this Act, a scheme of operations submitted pursuant to regulation 5 of the M4 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.

Marginal Citations

M4 S.I. 1978/720.

Saving for requirements under section 29 of the Insurance Companies Act 1974 U.K.

8 Where a requirement under section 29 of the Insurance Companies Act 1974 was in force immediately before 1st January 1982—

(a) that requirement shall continue in force,

(b) 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

(c) section 47(1) of this Act shall apply to any requirement that continues in force under sub-paragraph (a) or (b) above.

Postponement of effect of sections 37(3) and 38(3) above in respect of long term business U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F22 9

Textual Amendments

F22 Sch. 4 para. 9 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

Deposits made with Accountant General before 1st January 1982 U.K.

10 A deposit made under regulation 6 of the M5 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.

Marginal Citations

M5 S.I. 1977/1553.

Continuation of business where contract made before 1st January 1982 U.K.

11 Where—

(a) 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

(b) an insurance company was immediately before 1st January 1982 lawfully carrying on that particular kind of business in the United Kingdom,

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.

Applications for approval of transfer made before 1st January 1982 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F23 12

Textual Amendments

F23 Sch. 4 Para. 12 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

Saving for section 42 of the Insurance Companies Act 1974 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

13

Modifications etc. (not altering text)

C3 Sch. 4 para. 13 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

14

Textual Amendments

F24 Sch. 4 para. 14 repealed by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 29, Sch. 1

Saving for winding up commenced before rules made under section 365 of the [F25 Companies Act] or section 317 of the [F26 Companies (Northern Ireland) Order 1986] U.K.

Textual Amendments

F25 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F26 Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II

15 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 M6 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 [F27 Companies Act] or, as the case may be, section 317 of the M7 [F28 Companies (Northern Ireland) Order 1986] by virtue of F29 . . . section 59(2) above come into operation.

Textual Amendments

F27 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F28 Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II

F29 Words in Sch. 4 para. 15 repealed (5.11.1993) by 1993 c. 50 s. 1(1), Sch. 1 Pt.V

Marginal Citations

M6 1973 c. 58.

M7 1960 c. 22 (N.I.)

Saving for repeal of section 17(2) and (3) of, and Schedules 3 and 4 to, the Insurance Companies Act 1958 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F30 16

Textual Amendments

F30 Sch. 4 para. 16 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

Northern Ireland U.K.

17 Section 17(2)(a) of the M8 Interpretation Act 1978 shall not apply to the reference to the Insurance Companies Act 1974 in paragraph 2 of Schedule 4 to the M9 Insurance Companies Act 1980.

Marginal Citations

M8 1978 c. 30.

M9 1980 c. 25.

F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

18

Textual Amendments

F31 Sch. 4 para. 18 repealed by S.I. 1986/1035 (N.I. 9), art. 24, Sch. 2

Continuing offences U.K.

19 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.

Transitional provisions relating to sections 9(7), 71(3), 81(2) and 88(2) of this Act U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F32 20

Textual Amendments

F32 Sch. 4 para. 20 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F33 21

Textual Amendments

F33 Sch. 4 para. 21 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

General U.K.

22 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.

23 Without prejudice to paragraph 22 above, any enactment or document whatsoever referring to an assurance company within the meaning of the M10 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.

Marginal Citations

M10 1909 c. 49.

24 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)

SCHEDULE 5 U.K. CONSEQUENTIAL AMENDMENTS

Modifications etc. (not altering text)

C4 Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Companies Act 1948 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F34 1

Textual Amendments

F34 Sch. 5 para. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

2

Textual Amendments

F35 Sch. 5 para. 2: the amendments to the Companies Act (Northern Ireland) 1960 are repealed by S.I. 1986/1035 (N.I. 9), art. 24, Sch. 2

F36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

3

Textual Amendments

F36 Sch. 5 para. 3 repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 119(5), 120, Sch. 19 Pt. I

F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

4

Textual Amendments

F37 Sch. 5 para. 4 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 3, 5(2), Sch. 1 Pt. I, Sch. 4

F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

5

Textual Amendments

F38 Sch. 5 para. 5 repealed by Building Societies Act 1986 (c. 53, SIF 16), ss. 54(3)(a)(5), 119(5), 120, Sch. 19 Pt. I

The Companies Act 1967 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F39 6

Textual Amendments

F39 Sch. 5 para. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

The Children and Young Persons Act (Northern Ireland) Act 1968 U.K.

7 In section 7 of the M11 Children and Young Persons Act (Northern Ireland) 1968 for “1974" substitute “ 1982 ”.

Marginal Citations

M11 1968 c. 34. (N.I.).

The Employers’ Liability (Compulsory Insurance) Act 1969 U.K.

8 In section 1(3)(b) of the M12 Employers’ Liability (Compulsory Insurance) Act 1969 for “1981” substitute “ 1982 ”.

Marginal Citations

M12 1969 c. 57.

F40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

9

Textual Amendments

F40 Sch. 5 para. 9 repealed by S.I. 1984/1821 (N.I. 11), art. 53(3), Sch. 5 Pt. I

F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

10

Textual Amendments

F41 Sch. 5 para. 10 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844(4), Sch. 31

The Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 U.K.

11 In Article 5(3)(b) of the M13 Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 for “1981” substitute “ 1982 ”.

Marginal Citations

M13 S.I. 1972/963 (N.I. 6).

F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

12

Textual Amendments

F42 Sch. 5 para. 12 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

The Local Government Act 1972 U.K.

13 In the M14 Local Government Act 1972—

(a) in section 140(1) for “1981” substitute “ 1982 ” ;

(b) in paragraph (a) of section 140C(1) for “1981” substitute “ 1982 ”.

Marginal Citations

M14 1972 c. 70.

The Consumer Credit Act 1974 U.K.

14 In section 189(1) of the M15 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 ”

Marginal Citations

M15 1974 c. 39.

The M16 Solicitors Act 1974 U.K.

Marginal Citations

M16 1974 c. 47.

15 In section 87(1) of the Solicitors Act 1974—

(a) in the defniition of “authorised manner” for “1974” substitute “ 1982 ” ;

(b) in the definition of “liability insurance business” for “1981” substitute “ 1982 ” ;

(c) in the definition of “pecuniary loss insurance business” for “1981” substitute “ 1982 ”.

The M17 Policyholders Protection Act 1975 U.K.

Marginal Citations

M17 1975 c. 75.

16 In the Policyholders Protection Act 1975—

(a) in section 3(2) for “1981” substitute “ 1982 ” ;

(b) in subsections (1) and (3) of section 28 for the words from “1974” to “1981” there shall be substituted “ 1982 ” ;

(c) in section 29 for the words from “1974” to “1981” (in both places) there shall be substituted “ 1982 ” ;

(d) in section 32(2)(a) for “1974” substitute “ 1982 ” ;

(e) in paragraph 5(3) of Schedule 3 for the words “Sections 28(1)(b)(i) and 46(1)(b) of the M18 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 ” ;

(f) 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 ”.

Marginal Citations

M18 1974 c. 49.

F43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

17

Textual Amendments

F43 Sch. 5 para. 17 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844(4), Sch. 31

The Insurance Brokers (Registration) Act 1977 U.K.

18 In section 29(1) of the M19 Insurance Brokers (Registration) Act 1977 in the definition of “authorised insurers”—

(a) for “1974” substitute “ 1982 ” ;

(b) for “1981” substitute “ 1982 ”.

Marginal Citations

M19 1977 c. 46.

F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

19

Textual Amendments

F44 Sch. 5 para. 19: the amendments to the Companies (Northern Ireland) Order 1978 repealed by S.I. 1986/1035 (N.I. 9), art. 24, Sch. 2

The M20 Credit Unions Act 1979 U.K.

Marginal Citations

M20 1979 c. 34.

20 In section 15(2)(d) of the Credit Unions Act 1979 for “1974” substitute “ 1982 ”.

F45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

21

Textual Amendments

F45 Sch. 5 para. 21 repealed by Banking Act 1987 (c. 22, SIF 10), s. 108(2), Sch. 7 Pt. I

The M21 Industrial Assurance (Northern Ireland) Order 1979 U.K.

Marginal Citations

M21 S.I. 1979/1574 (N.I. 13).

22 In the Industrial Assurance (Northern Ireland) Order 1979—

(a) 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 ;

(b) in Article 18(1) for “1974" substitute “ 1982 ” ;

(c) in Article 32(1)(b) for “1974" substitute “ 1982 ” ;

(d) in Article 40 for the words “Sections 42 and 43 of the M22 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) ” ;

(e) in Article 50(2) for “1974" substitute “ 1982 ” ;

(f) 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 ” ;

(g) in paragraph 6 of Schedule 5 for “1974" substitute “ 1982 ”.

Marginal Citations

M22 1974 c. 49.

The M23 Companies Act 1980 U.K.

Marginal Citations

M23 1980 c. 22.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F46 23

Textual Amendments

F46 Sch. 5 para. 23 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

24

Textual Amendments

F47 Sch. 5 para. 24 repealed by Finance Act 1984 (c. 43, SIF 63:1), s. 128(6), Sch. 23 Pt. V and by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844(4), Sch. 31

F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

25

Textual Amendments

F48 Sch. 5 para. 25 repealed by Income and Corporation Taxes Act 1988 (c. 1, SIF 63:1), ss. 843, 844(4), Sch. 31

The Companies Act 1981 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F49 26

Textual Amendments

F49 Sch. 5 para. 26 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V

The M24 Road Traffic (Northern Ireland) Order 1981 U.K.

Marginal Citations

M24 S.I. 1981/154 (N.I. 1).

27 In Article 101(1) of the Road Traffic (Northern Ireland) Order 1981 for “1981” (in both places) substitute “ 1982 ”.

28 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

F50 Sch. 5 para. 28(a) repealed by Capital Transfer Tax Act 1984 (c. 51, SIF 65), ss. 274, 277, Schs. 7, 9

F51 Sch. 5 para. 28(b) repealed by Income and Corporation Taxes Act 1988 (c. 51, SIF 63:1), ss. 843, 844(4), Sch. 31

Section 99(3).

SCHEDULE 6 U.K. REPEALS

Modifications etc. (not altering text)

C5 Schedule 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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.