Duty to surrender certificate on cancellation of policy or securityN.I.
95.—(1) Where a certificate has been delivered under Article 92(4) [F1, otherwise than as described in Article 92(4A),] or issued under Article 93(2) and the policy or security to which it relates is cancelled by mutual consent or by virtue of any provision in the policy or security, the person to whom the certificate was delivered shall, within 7 days from the taking effect of the cancellation, surrender the certificate to the person by whom the policy was issued or the certificate was given.
[F2(1A) Where paragraph (1) applies, the person to whom the certificate of insurance was delivered—
(a)may, instead of surrendering the certificate under paragraph (1), transmit to the insurer, by means of an electronic communication to an electronic address specified by the insurer, a statement confirming that the policy to which the certificate relates has ceased to have effect; and
(b)if he does so, is to be treated as having surrendered the certificate.
(1B) Paragraph (1C) applies where—
(a)a certificate is treated, by virtue of Article 92(4A), as having been delivered to a person under that Article; and
(b)the policy to which it relates is cancelled by mutual consent or by virtue of any provision in the policy.
(1C) The person must, within 7 days from the taking effect of the cancellation, either—
(a)transmit to the insurer, by means of an electronic communication to an electronic address specified by the insurer, a statement confirming that the policy to which the certificate relates has ceased to have effect; or
(b)deliver to the insurer a legible printed copy of the certificate endorsed with a statement made and signed by him to that effect.
(1D) A person who transmits a statement or delivers a copy of a certificate of insurance in accordance with paragraph (1C) is to be treated as having surrendered the certificate.
(1E) In this Article, “electronic communication” has the meaning given in the Electronic Communications Act (Northern Ireland) 2001.]
(2) Any person who without reasonable excuse fails to comply with paragraph (1) [F3or (1C)] shall be guilty of an offence under this Order.
F1Words in art. 95(1) inserted (21.3.2011) by Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (S.R. 2011/23), art. 2(3)(a)
F2Art. 95(1A)-(1E) inserted (21.3.2011) by Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (S.R. 2011/23), art. 2(3)(b)
F3Words in art. 95(2) inserted (21.3.2011) by Motor Vehicles (Electronic Communication of Certificates of Insurance) Order (Northern Ireland) 2011 (S.R. 2011/23), art. 2(3)(c)