Insurance Companies Act 1982 (repealed)

Saving for schemes of operation submitted under Insurance Companies (Authorisation and Accounts: General Business) Regulations

7

For the purposes of section 37(2)(f) of this Act, a scheme of operations submitted pursuant to regulation 5 of the Insurance Companies (Authorisation and Accounts: General Business) Regulations 1978 shall be regarded as a proposal or forecast submitted in accordance with section 5 of this Act.

Saving for requirements under section 29 of the Insurance Companies Act 1974

8

Where a requirement under section 29 of the Insurance Companies Act 1974 was in force immediately before 1st January 1982—

• (a) that requirement shall continue in force,

• (b) any requirement imposed under sections 30 to 37 of that Act on the company concerned, if it was in force immediately before that day, shall continue in force, and

• (c) section 47(1) of this Act shall apply to any requirement that continues in force under sub-paragraph (a) or (b) above.

Postponement of effect of sections 37(3) and 38(3) above in respect of long term business

9

Until 15th March 1984, sections 37(3) and 38(3) of this Act shall not affect requirements imposed on companies before 1st January 1982 in respect of long term business.

Deposits made with Accountant General before 1st January 1982

10

A deposit made under regulation 6 of the Insurance Companies (Solvency: General Business) Regulations 1977 shall, in so far as it remained with the Accountant General of the Supreme Court immediately before 1st January 1982, be regarded as having been made under section 9(1)(c) of this Act.

Continuation of business where contract made before 1st January 1982

11

Where—

• (a) as a result of the repeal of section 83(2)(b) of the Insurance Companies Act 1974 any particular kind of ordinary long-term insurance business has become general business, and

• (b) an insurance company was immediately before 1st January 1982 lawfully carrying on that particular kind of business in the United Kingdom,

then, notwithstanding the lack of an authorisation to carry on general business, the company may continue to carry out any contract of insurance relating to that particular kind of business if the contract was made before 1st January 1982.

Applications for approval of transfer made before 1st January 1982

12

Where an application to the Secretary of State under the Insurance (Transfer of General Business) Regulations 1980 for approval of a transfer has been made before 1st January 1982 and not determined before the commencement of this Act, the application shall be determined in accordance with the law in force immediately before 1st January 1982.

Saving for section 42 of the Insurance Companies Act 1974

13

Section 42 of the Insurance Companies Act 1974 shall continue to have effect in relation to an application made to the court under that section before 1st January 1982 as if this Act and section 27 of the Insurance Companies Act 1981 had not been enacted and section 50 of this Act shall apply to an order made by virtue of this paragraph as if it were an order made under section 49 of this Act.

Postponement of effect of section 54(1)(c) of this Act in relation to unregistered companies

14

Until the coming into force of section 12 of the Companies Act 1976 in relation to unregistered companies to which section 147 of the Companies Act 1948 applies by virtue of section 435 of the said Act of 1948, section 54(1)(c) of this Act shall have effect in relation to such companies as if—

• (a) for the reference to section 12 of the Companies Act 1976 there were substituted a reference to section 147 of the Companies Act 1948 ;

• (b) for the reference to accounting records there were substituted a reference to proper books of account;

• (c) for the reference to records there were substituted a reference to books.

Saving for winding up commenced before rules made under section 365 of the Companies Act 1948 or section 317 of the Companies Act (Northern Ireland) I960

15

The provisions of this Act, so far as re-enacting provisions of the Insurance Companies Act 1974 which repealed and re-enacted provisions of the Insurance Companies Amendment Act 1973 relating to winding up, shall not affect any winding up commenced before the date on which the first rules made under section 365 of the Companies Act 1948 or, as the case may be, section 317 of the Companies Act (Northern Ireland) 1960 by virtue of section 51(2) of the said Act of 1974 or section 59(2) above come into operation.

Saving for repeal of section 17(2) and (3) of, and Schedules 3 and 4 to, the Insurance Companies Act 1958

16

If no rules under section 51(2) of the Insurance Companies Act 1974 have come into operation before the commencement of this Act the repeal of section 17(2) and (3) of, and Schedules 3 and 4 to, the Insurance Companies Act 1958 shall not take effect until the first rules made under section 365 of the Companies Act 1948 or, as the case may be, section 317 of the Companies Act (Northern Ireland) 1960 by virtue of the said section 51(2) or section 59(2) above come into operation.

Northern Ireland

17

Section 17(2)(a) of the Interpretation Act 1978 shall not apply to the reference to the Insurance Companies Act 1974 in paragraph 2 of Schedule 4 to the Insurance Companies Act 1980.

18

Until Articles 3, 11, 13 and 25 of the Companies (Northern Ireland) Order 1978 come into operation the following provisions of this Act shall have effect subject to the following modifications—

• (a) in section 54(2)(c) for the reference to Article 25 of that Order there shall be substituted a reference to sections 141 and 297 of the Companies Act (Northern Ireland) 1960;

• (b) in section 66 for the reference to Article 3 or 11 of that Order there shall be substituted a reference to section 122, 142 or 359 of that Act;

• (c) in section 87(2)(d) for the reference to Articles 11 to 13 of that Order there shall be substituted a reference to sections 359 and 363 of that Act.

Continuing offences

19

Where an offence for the continuance of which a penalty was provided has been committed under any enactment repealed by this Act proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the like manner as if the offence had been committed under the corresponding provision of this Act.

Transitional provisions relating to sections 9(7), 71(3), 81(2) and 88(2) of this Act

20

Until the coming into force of paragraph (g) of subsection (2) of section 46 of the Administration of Justice Act 1982, the reference in section 9(7) of this Act to section 38(7) of that Act shall be construed as a reference to section 7 of the Administration of Justice Act 1965.

21

In relation to offences under this Act committed in England and Wales before the aiming into force of section 38 of the Criminal Justice Act 1982 or in Scotland before the coming into force of section 54 of that Act the reference in each of the following provisions of this Act, namely—

• (a) section 71(3),

• (b) section 81(2) and

• (c) section 88(2)

to level 5 on the standard scale shall have effect as a reference to £400.

General

22

Subject to paragraph 17 above and without prejudice to any express amendment made by this Act, any enactment or other document whatsoever referring to any enactment repealed by this Act shall, unless the context otherwise requires, be construed as referring (or as including a reference) to the corresponding enactment in this Act.

23

Without prejudice to paragraph 22 above, any enactment or document whatsoever referring to an assurance company within the meaning of the Assurance Companies Act 1909 shall be construed as referring (or as including a reference) to an insurance company to which Part II of this Act applies.

24

Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.

SCHEDULE 5

The Companies Act 1948

1

In the Companies Act 1948—

• (a) in section 433(6) for “1974 ” substitute “1982 ”;

• (b) in paragraph 24(1) of Schedule 8A for “1974 ” substitute “1982 ”.

The Companies Act (Northern Ireland) 1960

2

In the Companies Act (Northern Ireland) 1960—

• (a) in section 381(6) for “1974 ” substitute “1982 ”;

• (b) in paragraph 24(1) of Schedule 6 for “1974 ” substitute “1982 ”

The Building Societies Act 1968

3

In the Building Societies Act 1962—

• (a) in section 129(1), in the definition of “policy of life assurance ” for “1974 ” substitute “1982 ”;

• (b) in paragraphs 2, 7 and 9 of Schedule 3 for “1974 ” substitute “1982 ”.

The Housing Subsidies Act 1967

4

In section 32(1) of the Housing Subsidies Act 1967 for “1974 ” substitute “1982 ”.

The Building Societies Act (Northern Ireland) 1967

5

In section 128(1) of the Building Societies Act (Northern Ireland) 1967 for “1974 ” substitute “1982 ”.

The Companies Act 1967

6

In the Companies Act 1967—

• (a) in section 89(1) for “1974 ” substitute “1982 ”;

• (b) in section 111(1)

• (i) for the words " section 36(2) to (4) of the Insurance Companies Act 1974“there shall be substituted the words ” section 44(2) to (4) of the Insurance Companies Act 1982 ";

• (ii) for the words from “1974 ” to “1981 ” substitute “1982 ”;

• (c) in section 113(1) for “1974 ” substitute “1982 ”;

• (d) in section 116 for the words “section 36(2) to (4) of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44(2) to (4) of the Insurance Companies Act 1982 ”.

The Children and Young Persons Act (Northern Ireland) 1968

7

In section 7 of the Children and Young Persons Act (Northern Ireland) 1968 for “1974 ” substitute “1982 ”.

The Employers' Liability (Compulsory Insurance) Act 1969

8

In section 1(3)(b) of the Employers' Liability (Compulsory Insurance) Act 1969 for “1981 ” substitute “1982 ”.

The Fire Services Act (Northern Ireland) 1969

9

In section 24(3) of the Fire Services Act (Northern Ireland) 1969 for “1981 ” substitute “1982 ”.

The Income and Corporation Taxes Act 1970

10

In the Income and Corporation Taxes Act 1970—

• (a) in section 19(2)(a)(ii) for the words "section 73 of the Insurance Companies Act 1974 “there shall be substituted the words ” section 83 of the Insurance Companies Act 1982 ";

• (b) in section 323(2) for “1974” (in both places) substitute “1982 ”.

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

11

In Article 5(3)(b) of the Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 for “1981 ” substitute “1982 ”.

The Road Traffic Act 1972

12

In section 145(2) of the Road Traffic Act 1972 for “1981 ” substitute “1982 ”.

The Local Government Act 1972

13

In the Local Government Act 1972—

• (a) in section 140(1) for “1981 ” substitute “1982 ”;

• (b) in paragraph (a) of section 140C(1) for “1981 ” substitute “1982 ”.

The Consumer Credit Act 1974

14

In section 189(1) of the Consumer Credit Act 1974 in the definition of “insurance company” for the words from “section 33(1)” to “1968 ” there shall be substituted the words “section 96(1) of the Insurance Companies Act 1982 ”.

The Solicitors Act 1974

15

In section 87(1) of the Solicitors Act 1974—

• (a) in the definition of “authorised insurer ” for “1974 ” substitute “1982 ”;

• (b) in the definition of “liability insurance business ” for “1981 ” substitute “1982 ”;

• (c) in the definition of “pecuniary loss insurance business ” for “1981 ” substitute “1982 ”.

The Policyholders Protection Act 1975

16

In the Policyholders Protection Act 1975—

• (a) in section 3(2) for “1981 ” substitute “1982 ”;

• (b) in subsections (1) and (3) of section 28 for the words from “1974 ” to “1981 ” there shall be substituted “1982 ”;

• (c) in section 29 for the words from “1974 ” to “1981” (in both places) there shall be substituted “1982 ”;

• (d) in section 32(2)(a) for “1974 ” substitute “1982 ”;

• (e) in paragraph 5(3) of Schedule 3 for the words " Sections 28(1)(b)(i) and 46(1)(b) of the Insurance Companies Act 1974“there shall be substituted the words ” Sections 37(2)(b)(i) and 54(1)(b) of the Insurance Companies Act 1982 ";

• (f) in paragraph 5(4) of Schedule 3 for the words “Sections 79 to 82 of the Insurance Companies Act 1974 ” there shall be substituted the words “Sections 91 to 94 of the Insurance Companies Act 1982 ”.

The Finance Act 1976

17

In paragraph 2A of Schedule 4 to the Finance Act 1976 in sub-paragraph (1) for “1981” substitute “1982 ”.

The Insurance Brokers (Registration) Act 1977

18

In section 29(1) of the Insurance Brokers (Registration) Act 1977 in the definition of “authorised insurers ”—

• (a) for “1974 ” substitute “1982 ”;

• (b) for “1981 ” substitute “1982 ”.

The Companies (Northern Ireland) Order 1978

19

In the Companies (Northern Ireland) Order 1978—

• (a) in Article 108(1) for the words “section 36 of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44 of the Insurance Companies Act 1982 ”;

• (b) in Article 109(1) for the words “section 36 of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44 of the Insurance Companies Act 1982 ” ; and in sub-paragraphs (a) and (c) for “1974” substitute “1982 ”;

• (c) in Article 110(1) for the words “section 36(1) of the Insurance Companies Act 1974 ” there shall be substituted the words “section 44(1) of the Insurance Companies Act 1982 ”.

The Credit Unions Act 1979

20

In section 15(2)(J) of the Credit Unions Act 1979 for “1974 ” substitute “1982 ”.

The Banking Act 1979

21

In paragraph 8 of Schedule 1 to the Banking Act 1979 for “1981 ” substitute “1982 ”.

The Industrial Assurance (Northern Ireland) Order 1979

22

In the Industrial Assurance (Northern Ireland) Order 1979—

• (a) in Article 3(4) for the words “Acts 1974 and 1981 ” there shall be substituted the words “Act of 1982 ” ; and the words “of 1981 ” (in each place) shall be omitted;

• (b) in Article 18(1) for “1974 ” substitute “1982 ”;

• (c) in Article 32(1)(b) for “1974 ” substitute “1982 ”;

• (d) in Article 40 for the words "Sections 42 and 43 of the Insurance Companies Act 1974 “there shall be substituted the words ” Sections 49 and 50 of the Insurance Companies Act 1982 " ; and for “72(6)” substitute “82(5) ”;

• (e) in Article 50(2) for “1974 ” substitute “1982 ”;

• (f) in paragraph 1 of Schedule 5 for the words “section 85(1) of the Insurance Companies Act 1974 ” there shall be substituted the words “section 96(1) of the Insurance Companies Act 1982 ”;

• (g) in paragraph 6 of Schedule 5 for “1974 ” substitute “1982 ”.

The Companies Act 1980

23

In section 42(3) of the Companies Act 1980 for the words “section 14 of the Insurance Companies Act 1974 ” there shall be substituted the words “section 18 of the Insurance Companies Act 1982 ” ; and for the words “section 34 ” there shall be substituted the words “section 42 ”.

The Finance Act 1980

24

In section 30 of the Finance Act 1980 for the words from "“85(1)” to “1981 ” mere shall be substituted the words “96(1) of the Insurance Companies Act 1982 ”.

The Finance Act 1981

25

In section 41(5) of the Finance Act 1981 for “1981 ” substitute “1982 ”.

The Companies Act 1981

26

In the Companies Act 1981—

• (a) in section 5(5)(c) for “1974 ” substitute “1982 ”;

• (b) in paragraph 8 of Schedule 2 in the definition of “insurance company ” for “1974 ” substitute “1982 ”.

The Road Traffic (Northern Ireland) Order 1981

27

In Article 101(1) of the Road Traffic (Northern Ireland) Order 1981 for "“1981” (in both places) substitute “1982 ”.

The Finance Act 1982

28

In the Finance Act 1982—

• (a) in section 103(3)(b) for “1981” substitute “1982 ”;

• (b) in Schedule 7 in sub-paragraph (e) and in sub-paragraph (o) of paragraph 14(1), for “1981 ” substitute “1982 ”.

SCHEDULE 6