Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972

Insurance against liability to employeesN.I.

5.—(1) Except as otherwise provided by this Part, every employer carrying on any business in Northern Ireland shall insure, and maintain insurance, under one or more approved policies with an authorised insurer or insurers against liability for personal injury suffered by his employees, and arising out of and in the course of their employment in Northern Ireland in that business but, except in so far as regulations otherwise provide, not including personal injury suffered outside Northern Ireland.

(2) Regulations may provide that the amount for which an employer is required by this Part to insure and maintain insurance shall be limited in such manner as may be prescribed by the regulations.

(3) For the purposes of this Part—

(a)“approved policy” means a policy of insurance not subject to any conditions or exceptions prohibited for those purposes by regulations;

[F1(b)“authorised insurer” means—

(i)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance;

(ii)an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance; or

(iii)a person who does not fall within sub-paragraph (i) or (ii) and who may lawfully effect or carry out contracts of insurance in a member State other than the United Kingdom;]

(c)except as otherwise provided by regulations, an employer not having a place of business in Northern Ireland shall be deemed not to carry on business there.

[F1(3A) Paragraph (3)(b) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

F1SI 2001/3649