Insurance Companies Act 1982 (repealed)

[F1 96A Interpretation of expressions derived from F2 . . . insurance Directives. U.K.

(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.

[F3 (1A) The Directives amending the general insurance Directives referred to in subsection (1) above include Council Directive 90/618/EEC amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC.]

[F4 (1B) In this Act–

(a) “the first long term insurance Directive" means Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance;

(b) “the second long term insurance Directive" means Council Directive 90/619/EEC of 8 November 1990 on the coordination of laws, regulations and administrative provisions relating to direct life assurance, laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 79/267/EEC;

and “the long term insurance Directives" means those Directives.]

(2) In this Act, in relation to an insurance company carrying on general [F5 or long term]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 concerned), 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 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.]

Textual Amendments

F1 S. 96A inserted by S.I. 1990/1333, reg. 2(1)

F2 Word in side-note omitted (20.5.1993) by virtue of S.I. 1993/174, reg. 6(3)

F3 S. 96A(1A)(1B) inserted (19.11.1992) by S.I. 1992/2890, reg. 9(4)

F4 S. 96A(1B) substituted (20.5.1993) by S.I. 1993/174, reg. 6(4)

F5 Words in s. 96A(2) inserted (20.5.1993) by S.I. 1993/174, reg. 6(5)

Modifications etc. (not altering text)

C1 S. 96A(3) applied (3.5.1994) by S.I. 1994 c. 9, s. 73(2)