- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
5.—(1) In this article, a “relevant application” means an application which was made before commencement under paragraph 6(1) of Schedule 2C for approval of a transfer of rights and obligations, but which had not been determined before commencement.
(2) Sub-paragraph (2) of paragraph 6 of Schedule 2C continues to apply to any notice or other document authorised or required to be given or served under Part II of that Schedule in connection with a relevant application.
(3) Sub-paragraphs (1) to (4) of paragraph 7 of Schedule 2C continue to apply to a relevant application.
(4) Sub-paragraphs (1) to (8) of paragraph 8 of Schedule 2C continue to apply to a relevant application, subject to the following modifications—
(a)sub-paragraph (1) applies as if for sub-paragraph (a) there were substituted—
“(a)it is satisfied that the transferee is, or will be immediately after the approval—
(i)a person who has Part IV permission, within the meaning of the Financial Services and Markets Act 2000, to effect and carry out contracts of general insurance of the class or classes to be transferred by the instrument; or
(ii)authorised in accordance with Article 6 of the first general insurance Directive to carry on in an EEA State other than the United Kingdom general business of the class or classes to be transferred by the instrument;”;
(b)sub-paragraph (4)(b) applies as if for sub-paragraph (i) there were substituted—
“(i)the transferee has permission to effect and carry out contracts of general insurance covering risks of that kind by virtue of qualifying for authorisation under Schedule 3 to the Financial Services and Markets Act 2000; and”; and
(c)sub-paragraph (5) applies as if for sub-paragraph (a) there were substituted—
“(a)the transferee is, or will be immediately after the approval—
(i)a person who has Part IV permission, within the meaning of the Financial Services and Markets Act 2000; or
(ii)a person who has permission, by virtue of qualifying for authorisation under Schedule 3 to that Act,
to effect and carry out contracts of general insurance of the class or classes to be transferred by the instrument; and”.
(5) Paragraph 9 of Schedule 2C continues to apply where the Authority approves a relevant application.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: