Part XV The Financial Services Compensation Scheme

Provisions of the scheme

F1215AContinuity etc. of funeral plan contracts

(1)

The compensation scheme may, in particular, include provision requiring or enabling the scheme manager to make arrangements for securing continuity of cover for—

(a)

plan holders;

(b)

plan holders of a specified class;

(c)

plan holders of funeral plan contracts of a specified class.

(2)

In this section—

“plan holder” means—

(a)

a person who has a funeral plan contract with a relevant funeral plan provider, or

(b)

a person whose funeral is to be provided or secured under a funeral plan contract with a relevant funeral plan provider;

“relevant funeral plan provider” means a relevant person who—

(a)

has permission to enter into or carry out a funeral plan contract as provider, and

(b)

is unable, or likely to be unable, to satisfy claims made against them.

(3)

The scheme may provide for the scheme manager to take such measures as appear to it to be appropriate—

(a)

for securing or facilitating the transfer of a relevant funeral plan provider’s business so far as it consists of the carrying out of funeral plan contracts, or of any part of that business, to another authorised person;

(b)

for securing the issue by another authorised person to the plan holders concerned of funeral plan contracts in substitution for their existing contracts.

(4)

The scheme may also provide for the scheme manager to make, or secure the making of, payments to a plan holder or to any other person in connection with the provision of a funeral—

(a)

during any period while the scheme manager is seeking to make arrangements mentioned in subsection (1);

(b)

if it appears to the scheme manager that it is not reasonably practicable to make such arrangements.

(5)

The scheme may also provide, in relation to the administration or winding up of a relevant funeral plan provider, for the scheme manager to make payments—

(a)

in specified circumstances,

(b)

but only if the scheme manager is satisfied that such payments are made in respect of any reasonable fees, costs, charges or other expenses reasonably and exclusively incurred for the purposes of complying with a request of the scheme manager under section 215B,

to, or on behalf of, the relevant funeral plan provider or to the administrator or liquidator of the funeral plan provider.

(6)

A provision of the scheme made by virtue of section 213(3)(b) may include the power to impose levies for the purpose of meeting expenses of the scheme manager incurred in—

(a)

taking measures as a result of any provision of the scheme made by virtue of subsection (3);

(b)

making, or securing the making of, payments as a result of any provision of the scheme made by virtue of subsection (4) or (5).