Third Parties (Rights against Insurers) Act 2010 (c. 10)

SCHEDULES

Section 20

SCHEDULE 3 U.K. Transitory, transitional and saving provisions

[F1 Application of this Act] U.K.

Textual Amendments

F1 Sch. 3 para. 1 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(2)

1 (1) Section 1(1)(a) applies where the insured became a relevant person before, as well as when the insured becomes such a person on or after, commencement day. U.K.

(2) Section 1(1)(b) applies where the liability was incurred before, as well as where it is incurred on or after, commencement day.

Commencement Information

I1 Sch. 3 para. 1 in force at 1.8.2016 by S.I. 2016/550, art. 2

[F2 Relevant persons U.K.

Textual Amendments

F2 Sch. 3 para. 1A and cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(3)

1A (1) An individual, company or limited liability partnership not within sections 4 to 7 is to be treated as a relevant person for the purposes of this Act in the following cases. U.K.

(2) The first case is where an individual—

(a) became bankrupt before commencement day, and

(b) has not been discharged from that bankruptcy.

(3) The second case is where—

(a) an individual made a composition or arrangement with his or her creditors before commencement day, and

(b) the composition or arrangement remains in force.

(4) The third case is where—

(a) a winding-up order was made, or a resolution for a voluntary winding-up was passed, with respect to a company or limited liability partnership before commencement day, and

(b) the company or partnership is still wound up.

(5) The fourth case is where a company or limited liability partnership—

(a) entered administration before commencement day, and

(b) is still in administration.

(6) The fifth case is where—

(a) a receiver or manager of the business or undertaking of a company or limited liability partnership was appointed before commencement day, and

(b) the appointment remains in force.

(7) In those cases, the person is a relevant person only in relation to liabilities under a contract of insurance under which the person was insured at the time of the event mentioned in sub-paragraph (2)(a), (3)(a), (4)(a), (5)(a) or (6)(a) (as appropriate).]

[F3 Bankruptcy and Diligence etc (Scotland) Act 2007 ] U.K.

Textual Amendments

F3 Sch. 3 para 2 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(4)

2 U.K. Until the coming into force of section 47(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 (asp 3), the reference to that provision in paragraph 1(5) of Schedule 1 is to be read as a reference to section 486(1) of the Companies Act 1985.

Commencement Information

I2 Sch. 3 para. 2 in force at 1.8.2016 by S.I. 2016/550, art. 2

[F4 Application of 1930 Acts] U.K.

Textual Amendments

F4 Sch. 3 para. 3 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(5)

3 U.K. Despite its repeal by this Act, the Third Parties (Rights against Insurers) Act 1930 continues to apply in relation to—

(a) cases where the event referred to in subsection (1) of section 1 of that Act and the incurring of the liability referred to in that subsection both happened before commencement day;

(b) cases where the death of the deceased person referred to in subsection (2) of that section happened before that day.

Commencement Information

I3 Sch. 3 para. 3 in force at 1.8.2016 by S.I. 2016/550, art. 2

4 U.K. Despite its repeal by this Act, the Third Parties (Rights against Insurers) Act (Northern Ireland) 1930 continues to apply in relation to—

(a) cases where the event referred to in subsection (1) of section 1 of that Act and the incurring of the liability referred to in that subsection both happened before commencement day;

(b) cases where the death of the deceased person referred to in subsection (2) of that section happened before that day.

Commencement Information

I4 Sch. 3 para. 4 in force at 1.8.2016 by S.I. 2016/550, art. 2

[F5 Interpretation] U.K.

Textual Amendments

F5 Sch. 3 para. 5 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(6)

5 U.K. In this Schedule “commencement day” means the day on which this Act comes into force.

Commencement Information

I5 Sch. 3 para. 5 in force at 1.8.2016 by S.I. 2016/550, art. 2