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The Transfer of Functions (Insurance) Order 1997

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PART IIOther Enactments

Lloyd’s Act 1871 (c.xxi)

94.  In sections 35 and 39 of the Lloyd’s Act 1871 for “the Board of Trade”, in each place it occurs, there shall be substituted “the Treasury”.

Restriction of Advertisement (War Risks Insurance) Act 1939 (c. 120)

95.  In the Restriction of Advertisement (War Risks Insurance) Act 1939 (other than section 1(2)(b) of that Act) for “the Board of Trade”, in each place it occurs, and for “the Board”, in each place it occurs, there shall be substituted “the Treasury”.

Insurance Companies Act 1958 (c. 72)

96.  In section 34(1) of the Insurance Companies Act 1958 for “Board of Trade” there shall be substituted “Treasury”.

Companies Act 1967 (c. 81)

97.  In section 91 of the Companies Act 1967 for “Board of Trade” there shall be substituted “Treasury”.

Policyholders Protection Act 1975 (c. 75)

98.  The Policyholders Protection Act 1975 shall be amended as follows.

99.  For “Secretary of State”, in each place it occurs, there shall be substituted “Treasury”.

100.  In section 11(10)(b) for “him” there shall be substituted “the Treasury”.

101.  In section 25(1)—

(a)for “considers” there shall be substituted “consider”; and

(b)for “he” and for “him” there shall be substituted “the Treasury”.

102.  In section 28—

(a)in subsections (1), (3) and (4) for “his”, in each place it occurs, there shall be substituted “their”;

(b)in subsection (2) for “receives” there shall be substituted “receive”; and

(c)in subsection (3) for “is required” there shall be substituted “are required”.

103.  In section 29—

(a)for “him” there shall be substituted “them”; and

(b)for “his”, in both places it occurs, there shall be substituted “their”.

104.  In Schedule 1—

(a)in paragraph 1(5) for “him” there shall be substituted “them”;

(b)in paragraph 4(3) for “is”, in the first place it occurs, there shall be substituted “are”; and

(c)in paragraph 5(2) for “his” there shall be substituted “their”.

105.  In Schedule 3—

(a)in paragraph 4(1) for “him” there shall be substituted “them”; and

(b)in paragraph 5(3) after “exercise by” there shall be inserted “the Treasury or”.

Insurance Brokers (Registration) Act 1977 (c. 46)

106.  The Insurance Brokers (Registration) Act 1977 (other than section 30 of that Act) shall be amended as follows.

107.  For “Secretary of State”, in each place it occurs, there shall be substituted “Treasury”.

108.  In section 6(3)—

(a)for “him” there shall be substituted “them”; and

(b)for “he thinks” there shall be substituted “they think”.

109.  In section 7(8)—

(a)for “him” there shall be substituted “them”; and

(b)for “he thinks” there shall be substituted “they think”.

110.  In section 27(2)—

(a)for “him” there shall be substituted “them”;

(b)for “he thinks” there shall be substituted “they think”;

(c)for “proposes” there shall be substituted “propose”; and

(d)for “he shall” there shall be substituted “they shall”.

111.  In the Schedule, in paragraph 2(3)—

(a)for “him” there shall be substituted “them”;

(b)for “he thinks” there shall be substituted “they think”;

(c)for “proposes” there shall be substituted “propose”; and

(d)for “he shall” there shall be substituted “they shall”.

Financial Services Act 1986 (c. 60)

112.  In section 180(1)(bb) of the Financial Services Act 1986 after “their powers” there shall be inserted “under the enactments relating to insurance companies,”.

Banking Act 1987 (c. 22)

113.  In section 84(1) of the Banking Act 1987, in the Table, in the second column of entry number 2, after “Functions” there shall be inserted “under the Insurance Companies Act 1982,”.

Income and Corporation Taxes Act 1988 (c. 1)

114.  In section 431(2) of the Income and Corporation Taxes Act 1988, in the definition of “periodical return” for “Secretary of State” there shall be substituted “Treasury”.

Road Traffic Act 1988 (c. 52)

115.  In section 155 of the Road Traffic Act 1988, in subsection (2) and subsection (3) for “the Secretary of State or the Board of Trade” there shall be substituted “the Treasury”.

Companies Act 1989 (c. 40)

116.  In section 87(4) of the Companies Act 1989, in the Table, in the entry relating to the Treasury, in the second column after “Functions” there shall be inserted “under the enactments relating to insurance companies,”.

Friendly Societies Act 1992 (c. 40)

117.  The Friendly Societies Act 1992 shall be amended as follows.

118.  In section 64(3A) after “theirs” there shall be inserted “under the enactments relating to insurance companies,”.

119.  In Schedule 15, in paragraph 13(2) for “Secretary of State certifies” there shall be substituted “Treasury certify”.

Reinsurance (Acts of Terrorism) Act 1993 (c. 18)

120.  The Reinsurance (Acts of Terrorism) Act 1993 shall be amended as follows.

121.  For “Secretary of State”, in each place it occurs, there shall be substituted “Treasury”.

122.  In section 1—

(a)in subsection (1)—

(i)for “his” there shall be substituted “their”,

(ii)in paragraph (a) the words “, with the consent of the Treasury,” are hereby repealed, and

(iii)in paragraph (b) the words “, with that consent,” are hereby repealed; and

(b)in subsection (2) for “he enters” there shall be substituted “they enter”.

123.  In section 2(1)—

(a)the words “, with the consent of the Treasury,” are hereby repealed; and

(b)for “undertakes” there shall be substituted “undertake”.

Finance Act 1994 (c. 9)

124.  In Schedule 7 to the Finance Act 1994, after paragraph 28 there shall be inserted—

28A.  (1)  Notwithstanding any obligation not to disclose information that would otherwise apply, the Commissioners may disclose information—

(a)to the Treasury, or

(b)to an authorised officer of the Treasury,

for the purpose of assisting the Treasury in the performance of their duties.

(2) Notwithstanding any such obligation as is mentioned in sub-paragraph (1) above—

(a)the Treasury, or

(b)an authorised officer of the Treasury,

may disclose information to the Commissioners or to an authorised officer of the Commissioners for the purpose of assisting the Commissioners in the performance of duties in relation to tax.

(3) Information that has been disclosed to a person by virtue of this paragraph shall not be disclosed by him except—

(a)to another person to whom (instead of him) disclosure could by virtue of this paragraph have been made, or

(b)for the purpose of any proceedings connected with the operation of any provision of, or made under, any enactment in relation to insurance or to tax.

(4) References in the preceding provisions of this paragraph to an authorised officer of the Treasury are to any person who has been designated by the Treasury as a person to and by whom information may be disclosed under this paragraph.

(5) The Treasury shall notify the Commissioners in writing of the name of any person designated under sub-paragraph (4) above..

Pensions Act 1995 (c. 26)

125.  In section 107(1) of the Pensions Act 1995, in the Table, in the second column of the entry for the Treasury after “under” there shall be inserted “the Insurance Companies Act 1982 or”.

Policyholders Protection Act 1997 (c. 18)

126.  The Policyholders Protection Act 1997 (which amends the Policyholders Protection Act 1975 with effect from a future date or dates to be appointed) shall be amended as follows.

127.  For “Secretary of State”, in each place it occurs, there shall be substituted “Treasury”.

128.  In section 6(1), in the new section 17A to be inserted into the 1975 Act, in subsections (2) and (3) for “him”, in each place it occurs, there shall be substituted “the Treasury”.

129.  In section 7(12), in the new paragraph 8A for Schedule 3 to the 1975 Act, in subsection (3) for “thinks” there shall be substituted “think”.

130.  In section 17(1), in the new subsection (2C) to be inserted into section 32 of the 1975 Act, for “he thinks” there shall be substituted “they think”.

131.  In section 23(4) for “thinks” there shall be substituted “think”.

132.  In Schedule 3, in paragraph 4(3), in the new paragraph (c) to be inserted into section 28(2) of the 1975 Act, for “receives” there shall be substituted “receive”.

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