Third Parties (Rights against Insurers) Act 2010

Notices requiring disclosure: [F1 bodies that have been dissolved] E+W+N.I.

Textual Amendments

F1 Words in Sch. 1 para. 3 heading substituted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 6(6)

3 (1) If— E+W+N.I.

(a) a person (P) has started proceedings under this Act against an insurer in respect of a liability F2 ...

[F3 (b) P claims the liability has been incurred to P by—

(i) a body corporate, or

(ii) an unincorporated body other than a partnership, and

(c) the body has been dissolved,]

P may by notice in writing require a person to whom sub-paragraph (2) applies to disclose to P any documents that are relevant to that liability.

(2) This sub-paragraph applies to a person if—

(a) immediately before the time of the alleged transfer under section 1, that person was an officer or employee of the body, or

(b) immediately before the body [F4 was dissolved (or, if it has been dissolved more than once, immediately before it was last dissolved)], that person was—

(i) acting as an insolvency practitioner in relation to the body (within the meaning given by section 388(1) of the Insolvency Act 1986 or Article 3 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 N.I. 19)), or

(ii) acting as the official receiver in relation to the winding up of the body.

(3) A notice under this paragraph must be accompanied by—

(a) a copy of the particulars of claim required to be served in connection with the proceedings mentioned in sub-paragraph (1), or

(b) where those proceedings are arbitral proceedings, the particulars of claim that would be required to be so served if they were court proceedings.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (6) For the purposes of this paragraph—

(a) “dissolved” means dissolved under the law of England and Wales, Scotland or Northern Ireland (whether or not by a process referred to as dissolution), and

(b) a body has been dissolved even if, since it was dissolved, something has happened which has the effect that (but for this paragraph) the body is treated as not having been dissolved or as no longer being dissolved.]

Textual Amendments

F2 Words in Sch. 1 para. 3(1)(a) omitted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by virtue of The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 6(2)(a)

F3 Sch. 1 para. 3(1)(b)(c) substituted for Sch. 1 para. 3(1)(b) (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 6(2)(b)

F4 Words in Sch. 1 para. 3(2)(b) substituted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 6(3)

F5 Sch. 1 para. 3(4)(5) omitted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by virtue of The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 6(4)

F6 Sch. 1 para. 3(6) inserted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 6(5)

Commencement Information

I1 Sch. 1 para. 3 in force at 1.8.2016 by S.I. 2016/550, art. 2