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
”
.