Third Parties (Rights against Insurers) Act 2010

This adran has no associated Nodiadau Esboniadol

2(1)A person (R) who receives a notice under paragraph 1 must, within the period of 28 days beginning with the day of receipt of the notice—U.K.

(a)provide to the person who gave the notice any information specified in it that R is able to provide;

(b)in relation to any such information that R is not able to provide, notify that person why R is not able to provide it.

(2)Where—

(a)a person (R) receives a notice under paragraph 1,

(b)there is information specified in the notice that R is not able to provide because it is contained in a document that is not in R's control,

(c)the document was at one time in R's control, and

(d)R knows or believes that it is now in another person's control,

R must, within the period of 28 days beginning with the day of receipt of the notice, provide the person who gave the notice with whatever particulars R can as to the nature of the information and the identity of that other person.

(3)If R fails to comply with a duty imposed on R by this paragraph, the person who gave R the notice may apply to court for an order requiring R to comply with the duty.

(4)No duty arises by virtue of this paragraph in respect of information as to which a claim to legal professional privilege or, in Scotland, to confidentiality as between client and professional legal adviser could be maintained in legal proceedings.

Commencement Information

I1Sch. 1 para. 2 in force at 1.8.2016 by S.I. 2016/550, art. 2