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Textual Amendments
F1Sch 2E inserted (1.7.1994) by S.I. 1994/1696, reg. 40, Sch. 5
1(1)Subject to sub-paragraph (2) 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—
(a)the carrying on in the United Kingdom of long term business which is not reinsurance business; or
(b)the provision there of long term insurance.
(2)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 F2 have the same meanings as in that Act.
(3)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—
(a)in the case of a company, the information required by sub-paragraph (5) below; and
(b)in the case of a member, the information required by sub-paragraph (6) below.
(4)The information required by this sub-paragraph is—
(a)a definition of each benefit and option;
(b)the term of the contract and the means by which it may be terminated;
(c)the method of paying premiums and the duration of the payments;
(d)the method of calculating bonuses and the distribution of bonuses;
(e)an indication of surrender and paid-up values and the extent to which such values are guaranteed;
(f)an indication of the premiums for each benefit, whether a main or supplementary benefit;
(g)in the case of a contract for a unit-linked policy, a definition of the units to which benefits are linked and an indication of the nature of the underlying assets;
(h)information as to the following, namely—
(i)the arrangements with respect to the period within which the policy holder may cancel the contract;
(ii)the tax arrangements applicable to the policy to be effected by the contract;
(iii)the arrangements for handling any complaints concerning the contract, whether by the other party or any other person who is a life assured or beneficiary; and
(iv)any compensation or guarantee arrangements which will be available if the insurer is unable to meet its liabilities under the contract; and
(i)whether the parties to the contract are entitled to choose the law applicable to the contract and—
(i)if so, the law which the insurer proposes to choose; and
(ii)if not, the law which will be so applicable.
(5)The information required by this sub-paragraph is—
(a)the name and legal form of the company;
(b)the company’s home State and, where appropriate, the member State of the branch through which the contract is to be entered into; and
(c)the address of the company’s head office and, where appropriate, the address of the branch through which the contract is to be entered into.
(6)The information required by this sub-paragraph is—
(a)the name or number of the syndicate which is to enter into the contract and a statement that it is a syndicate of members of Lloyd’s;
(b)a statement that the syndicate’s home State is the United Kingdom and, where appropriate, the member State of the branch through which the contract is to be entered into; and
(c)the address of the syndicate in the United Kingdom and, where appropriate, the address of the branch through which the contract is to be entered into.
(7)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.
2
2(1)This paragraph applies where a UK or EC company or a member of Lloyd’s has, on or after 1st July 1994, entered into a contract the effecting of which constitutes—
(a)the carrying on in the United Kingdom of long term business which is not reinsurance business; or
(b)the provision there of long term insurance.
(2)If during the term of the contract there is—
(a)any change in the information mentioned in paragraphs (a) to (g) of sub-paragraph (4) of paragraph 1 above; or
(b)in the case of a company, any change in the information mentioned in sub-paragraph (5) of that paragraph; or
(c)in the case of a member, any change in the information mentioned in sub-paragraph (6) of that paragraph,
the company or member (“the insurer") shall inform the other party to the contract in writing of the effect of the change.
(3)If the contract provides for the payment of bonuses, the insurer shall, at least once in every calendar year except the first, inform the other party to the contract in writing of the amount of any bonus—
(a)which has become payable under the contract, and
(b)of which that party has not been previously informed under this sub-paragraph.
(4)There is a sufficient compliance with sub-paragraph (3) above if the insurer furnishes the other party to the contract with such information as will enable him to determine the amount of any such bonus as is mentioned in that sub-paragraph, or if the insurer informs that party of—
(a)the total value of the benefits (including bonuses) which have accrued under the contract; and
(b)the rates of bonus which have been declared since that party was previously informed under this sub-paragraph.
(5)In this paragraph “bonus" does not include a bonus the amount of which is specified in the contract.
3(1)This paragraph applies to a contract entered into by a UK or EC company or a member of Lloyd’s if—
(a)the effecting of the contract constitutes—
(i)the carrying on in the United Kingdom of general business which is not reinsurance business; or
(ii)the provision there of general insurance; and
(b)the risk covered by the contract is situated in the United Kingdom.
(2)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—
(a)of any arrangements which exist for handling complaints concerning the contract including, where appropriate, the name and address of any body which deals with complaints from any party to the contract;
(b)that the existence of a complaints body does not affect any right of action which any party to the contract may have against the insurer; and
(c)as to whether the parties to the contract are entitled to choose the law applicable to the contract and—
(i)if so, of the law which the insurer proposes to choose; and
(ii)if not, of the law which will be so applicable.
(3)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.
4
4(1)Subject to sub-paragraph (2) below, this paragraph applies to a contract to which paragraph 3 above applies.
(2)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.
(3)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.
(4)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.
(5)Any relevant document issued by the insurer in relation to a contract to which this paragraph applies shall state—
(a)the address of the establishment through which the risk is to be covered; and
(b)where the contract relates to relevant motor vehicle risks and the effecting of the contract constitutes the provision of insurance in the United Kingdom, the name and address of the claims representative.
(6)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.
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. | ||
[F3VIII | 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.
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). |
[F518] | [F5Assistance] | [F5Effecting 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)
F5Class 18 added by S.I. 1987/2130, reg. 2(b)(ii)
Modifications etc. (not altering text)
C1Pt. 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 3 ceased to have effect (1.7.1994) by virtue of S.I. 1994/1696, regs. 7(2), 68(3)
Textual Amendments
F7Schedule 3A inserted by S.I. 1990/1333, reg. 6(2)
Textual Amendments
F8By 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
Editorial Information
X1The 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.
X21(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
X2The 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
F9Sch. 3A para. 1(6)(7) substituted (1.7.1994) for Sch. 3A para. 1(6) by S.I. 1994/1696, reg. 49
Editorial Information
X3The 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.
X42(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
X4The 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.
Editorial Information
X5The 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.
X63(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 [F10this 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
X6The 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
F10Words in Sch. 3 paras. 3(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(a)
Editorial Information
X7The 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.
X84(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 [F11this Part of this Schedule]apply to conflicts between the laws of the different parts of the United Kingdom.
Editorial Information
X8The 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
F11Words in Sch. 3, para. 4(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(a)
X95(1)Subject to the preceding provisions of [F12this Part of this Schedule], a court in a part of the United Kingdom [F13shall act in accordance with the provisions of the Contracts (Applicable Law) Act 1990;]
(2)In particular, reference shall be made to [F14those 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 [F15those 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
X9The 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
F12Words in Sch. 3 para. 5(1) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(a)
F13Words in Sch. 3 para. 5(1) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(b)
F14Words in Sch. 3 para. 5(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(c)
F15Words in Sch. 3 para. 5(2) substituted (20.5.1993) by S.I. 1993/174, reg. 5(4)(c)
Textual Amendments
F16Sch. 3A Pt. II (paras. 6-10) inserted (20.5.1993) by S.I. 1993/174, reg. 5(5)
6The 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.
7Where 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.
8Nothing 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.
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).
1The repeal by the M1Insurance Companies Amendment Act 1973 of sections 65, 68 and 80 and subsection (1)(f) of section 109 of the M2Companies 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 M3Insurance Companies Act 1974 and this Act had not been passed.
F172
Textual Amendments
F17Sch. 4 para. 5 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V
F183
Textual Amendments
F18Sch. 4 para. 5 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V
F194
Textual Amendments
F19Sch. 4 para. 4 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V
F205
Textual Amendments
F20Sch. 4 para. 5 repealed (5.11.1993) by 1993 c.50, s. 1(1), Sch. 1 Pt.V
6F21. . .Section 36 of this Act shall not take effect until the first regulations under the said section F21. . .36 come into operation.
Textual Amendments
F21Words in Sch. 4 para. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. V
7For the purposes of section 37(2)(f) of this Act, a scheme of operations submitted pursuant to regulation 5 of the M4Insurance 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
8Where 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.
F229
Textual Amendments
F22Sch. 4 para. 9 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
10A deposit made under regulation 6 of the M5Insurance 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
11Where—
(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.
F2312
Textual Amendments
F23Sch. 4 Para. 12 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
13
Modifications etc. (not altering text)
C2Sch. 4 para. 13 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
14
Textual Amendments
Textual Amendments
F25Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
F26Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II
15The provisions of this Act, so far as re-enacting provisions of the Insurance Companies Act 1974 which repealed and re-enacted provisions of the M6Insurance 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 [F27Companies Act] or, as the case may be, section 317 of the M7[F28Companies (Northern Ireland) Order 1986] by virtue of F29. . . section 59(2) above come into operation.
Textual Amendments
F27Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
F28Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II
F29Words in Sch. 4 para. 15 repealed (5.11.1993) by 1993 c. 50 s. 1(1), Sch. 1 Pt.V
Marginal Citations
F3016
Textual Amendments
F30Sch. 4 para. 16 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
17Section 17(2)(a) of the M8Interpretation Act 1978 shall not apply to the reference to the Insurance Companies Act 1974 in paragraph 2 of Schedule 4 to the M9Insurance Companies Act 1980.
18
Textual Amendments
F31Sch. 4 para. 18 repealed by S.I. 1986/1035 (N.I. 9), art. 24, Sch. 2
19Where 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.
F3220
Textual Amendments
F32Sch. 4 para. 20 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
F3321
Textual Amendments
F33Sch. 4 para. 21 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
22Subject 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.
23Without prejudice to paragraph 22 above, any enactment or document whatsoever referring to an assurance company within the meaning of the M10Assurance 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
24Where 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)
Modifications etc. (not altering text)
C3Schedule 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.
F341
Textual Amendments
F34Sch. 5 para. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
2
Textual Amendments
F35Sch. 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
3
Textual Amendments
4
Textual Amendments
5
Textual Amendments
F396
Textual Amendments
F39Sch. 5 para. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
7In section 7 of the M11Children and Young Persons Act (Northern Ireland) 1968 for “1974" substitute “ 1982 ”.
Marginal Citations
M111968 c. 34. (N.I.).
8In section 1(3)(b) of the M12Employers’ Liability (Compulsory Insurance) Act 1969 for “1981” substitute “ 1982 ”.
Marginal Citations
9
Textual Amendments
F40Sch. 5 para. 9 repealed by S.I. 1984/1821 (N.I. 11), art. 53(3), Sch. 5 Pt. I
10
Textual Amendments
11In Article 5(3)(b) of the M13Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 for “1981” substitute “ 1982 ”.
Marginal Citations
12
Textual Amendments
13In the M14Local 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
14In section 189(1) of the M15Consumer 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
Marginal Citations
15In 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 ”.
Marginal Citations
16In 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 M18Insurance 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
17
Textual Amendments
18In section 29(1) of the M19Insurance Brokers (Registration) Act 1977 in the definition of “authorised insurers”—
(a)for “1974” substitute “ 1982 ” ;
(b)for “1981” substitute “ 1982 ”.
Marginal Citations
19
Textual Amendments
F44Sch. 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
Marginal Citations
20In section 15(2)(d) of the Credit Unions Act 1979 for “1974” substitute “ 1982 ”.
21
Textual Amendments
Marginal Citations
22In 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 M22Insurance 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
Marginal Citations
F4623
Textual Amendments
F46Sch. 5 para. 23 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
24
Textual Amendments
25
Textual Amendments
F4926
Textual Amendments
F49Sch. 5 para. 26 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.V
Marginal Citations
27In 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
F50Sch. 5 para. 28(a) repealed by Capital Transfer Tax Act 1984 (c. 51, SIF 65), ss. 274, 277, Schs. 7, 9
Section 99(3).
Modifications etc. (not altering text)
C4Schedule 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. |