SCHEDULES

SCHEDULE 2Rights of third parties against insurers: relevant insured persons

Transitional cases

4

In section 1(5)(b) (definition of “relevant person”), at the end insert “ (and see also paragraph 1A of Schedule 3) ”.

5

1

Schedule 3 (transitory, transitional and saving provision) is amended as follows.

2

At the beginning insert— “ Application of this Act ”.

3

After paragraph 1 insert—

Relevant persons

1A

1

An individual, company or limited liability partnership not within sections 4 to 7 is to be treated as a relevant person for the purposes of this Act in the following cases.

2

The first case is where an individual—

a

became bankrupt before commencement day, and

b

has not been discharged from that bankruptcy.

3

The second case is where—

a

an individual made a composition or arrangement with his or her creditors before commencement day, and

b

the composition or arrangement remains in force.

4

The third case is where—

a

a winding-up order was made, or a resolution for a voluntary winding-up was passed, with respect to a company or limited liability partnership before commencement day, and

b

the company or partnership is still wound up.

5

The fourth case is where a company or limited liability partnership—

a

entered administration before commencement day, and

b

is still in administration.

6

The fifth case is where—

a

a receiver or manager of the business or undertaking of a company or limited liability partnership was appointed before commencement day, and

b

the appointment remains in force.

7

In those cases, the person is a relevant person only in relation to liabilities under a contract of insurance under which the person was insured at the time of the event mentioned in sub-paragraph (2)(a), (3)(a), (4)(a), (5)(a) or (6)(a) (as appropriate).

4

Before paragraph 2 insert— “ Bankruptcy and Diligence etc (Scotland) Act 2007 ”.

5

Before paragraph 3 insert— “ Application of 1930 Acts ”.

6

Before paragraph 5 insert— “ Interpretation ”.