The Insurance Companies (Amendment) Regulations 1990

Interpretation

2.—(1) In Part V of the Insurance Companies Act 1982(1) (supplementary provisions), after section 96 (general interpretation) insert–

“Interpretation of expressions derived from general insurance Directives.

96A.— (1) In this Act–

(a) “the first general insurance Directive” means Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance;

(b) “the second general insurance Directive” means Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC;

and “the general insurance Directives” means those Directives as amended and such other Directives as make provision with respect to the business of direct insurance other than life assurance.

(2) In this Act, in relation to an insurance company carrying on general business (other than reinsurance), “establishment” means the head office or a branch or agency of the company; and references to a company being established in a particular member State mean that the company has its head office or a branch or agency there.

Any permanent presence of such a company in a member State shall be regarded as a branch or agency, even if that presence consists merely of an office managed by the company’s own staff or by a person who is independent but has permanent authority to act for the company in the same way as an agency.

(3) References in this Act to the member State where the risk is situated are–

(a) where the insurance relates to buildings or to buildings and their contents (in so far as the contents are covered by the same policy), to the member State in which the property is situated;

(b) where the insurance relates to vehicles of any type, to the member State of registration;

(c) in the case of policies of a duration of four months or less covering travel or holiday risks (whatever the class con cerned), to the member State where the policy holder took out the policy;

(d) in a case not covered by paragraphs (a) to (c)–

(i) where the policy holder is an individual, to the member State where he has his habitual residence;

(ii) otherwise, to the member State where the establishment of the policy holder to which the policy relates is situated.

(4) In this Act the “ECU” means the unit of account of that name defined in Council Regulation (EEC) No. 3180/78(2) as amended.

The exchange rates as between the ECU and the currencies of the member States to be applied for each year beginning on 31st December shall be the rates applicable on the last day of the preceding October for which rates for the currencies of all the member States were published in the Official Journal of the Communities.”.

(2) In regulation 2 of the Insurance Companies Regulations 1981(3) (interpretation: general), in paragraph (1) at the appropriate place insert–

““unit of account” means the unit of account known as the ECU;”;

and for paragraph (2) substitute–

“(2) For the purposes of these Regulations, other than regulation 25C, the rate of conversion from the ECU to the pound sterling shall be subject to a minimum of 41.66 pence per ECU.”.

(3) In regulation 3 of the Insurance Companies (Accounts and Statements) Regulations 1983(4) (interpretation), for paragraph (5) substitute–

“(5) For the purposes of these Regulations, other than regulation 13A, the rate of conversion from the ECU to the pound sterling shall be subject to a minimum of 41.66 pence per ECU.”.

(1)

1982 c. 50.

(2)

O.J. No. L379, 30.12.78, p. 1, amended by Council Regulation (EEC) No. 1971/89 (O.J. No. L189, 4.7.89, p. 1).

(3)

S.I. 1981/1654, to which there have been amendments not relevant to these Regulations.

(4)

S.I. 1983/1811, to which there have been amendments not relevant to these Regulations.