Insurance Brokers (Registration) Act 1977 (repealed)

Miscellaneous U.K.

25 Accounts of Council. U.K.

(1) The Council shall keep proper accounts of all sums received or paid by them and proper records in relation to those accounts.

[F1 (2) The Council shall appoint an auditor to the Council who shall be a person eligible for appointment as a company auditor under section 25 of the Companies Act 1989 [F2 or Article 28 of the Companies (Northern Ireland) Order 1990.]]

(3) The Council shall cause their accounts to be audited annually by the auditors to the Council and as soon as is practicable after the accounts for any period have been audited the Council shall cause them to be published and shall send a copy of them to the [F3 Treasury] together with a copy of any report of the auditors thereon.

Textual Amendments

F1 S. 25(2) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 30(3) (with reg. 4)

F2 Words in s. 25(2) inserted (29.3.1993) by S.R. 1993/67, reg. 2, Sch. para. 7(3) (with reg. 4).

F3 Words in s. 25(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. II para. 107(with art. 7)

26 Service of documents. U.K.

Any notice or other document authorised or required to be given under this Act may, without prejudice to any other method of service but subject to any provision to the contrary in rules under this Act, be served by post; and for the purpose of the application to this section of section 26 of the M1 Interpretation Act 1889 (which relates to service by post) the proper address of a person or body corporate to whose registration or enrolment such a document relates shall be his or its address in the register or list.

Marginal Citations

M1 1889 c. 63.

27 Rules etc. made by Council. U.K.

(1) Rules made by the Council under sections 8, 11, 12, 13, 14 or 19 of this Act, the statement drawn up by the Council under section 10 of this Act or any revision of that statement made by the Council under that section shall not come into operation until approved by order of the [F4 Treasury].

(2) The [F4 Treasury] may approve rules made under section 19 of this Act either as submitted to [F5 them] or subject to such modifications as [F5 they think] fit; but where the [F4 Treasury][F5 propose] to approve any such rules subject to modifications [F5 they shall] notify the modifications to the Council and consider any observations of the Council thereon.

(3) The [F4 Treasury] may, after consulting the Council, by order vary or revoke any rules made under sections 8, 11 or 12 of this Act or revise the statement under section 10 of this Act.

Subordinate Legislation Made

P1 S. 27(1): s. 27(1) (with s. 28(1)) power exercised (6.11.1991) by S.I. 1991/2566

Textual Amendments

F4 Words in s. 27(1)(2)(3) substituted (5.1.1998) by S.I. 1997/2781, s. 8(1), Sch. Pt. II para. 107(with art. 7)

F5 Words in s. 27(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. II para. 110(with art. 7)

28 Orders. U.K.

(1) The power to make orders under this Act shall be exercisable by statutory instrument; and any order made under this Act may be varied or revoked by a subsequent order so made.

(2) Any statutory instrument by which that power is exercised, except one containing an order under section 30(3) of this Act or any such order as is mentioned in subsection (3) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) An order under section 3(4) or section 27(3) of this Act, an order under paragraph 2 of the Schedule to this Act approving a scheme subject to modifications or an order under paragraph 10 of that Schedule shall not be made unless a draft of the order has been approved by resolution of each House of Parliament.

Subordinate Legislation Made

P2 S. 28(1): s. 27(1) (with s. 28(1)) power exercised (6.11.1991) by S.I. 1991/2566

29 Interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• “approved qualification” and “approved educational institution” have the meanings respectively assigned to them by section 6 of this Act;

• “authorised insurers” means a person permitted under the Insurance Companies Act [F6 1982] . . . to carry on [F7 insurance business of class 13 or of classes 1, 2, 14, 15, 16 and 17 in Schedule 2 to the Insurance Companies Act [F8 1982]]

• “the Council” means the Insurance Brokers Registration Council established pursuant to section 1 of this Act;

• “the Court” means the High Court or, in relation to Scotland, the Court of Session or, in relation to Northern Ireland, a judge of the High Court of Justice in Northern Ireland;

• “disciplinary case” has the meaning assigned to it by section 13 of this Act;

• “employee”, in relation to a body corporate, includes a director of the body corporate and “employed” shall be construed accordingly;

• “enrolled” means enrolled in the list and “enrolment” shall be construed accordingly;

• “functions” includes powers and duties;

• “insurance business” means insurance business [F9 other than industrial assurance business (within the meaning of section 1(2) of the Industrial Assurance Act 1923 or Articles 2(2) and 3(1) of the Industrial Assurance (Northern Ireland) Order 1979).], and “insurance broker” shall be construed accordingly;

• “insurance company” means a person or body of persons (whether incorporated or not) carrying on insurance business;

• “list” means the list of bodies corporate carrying on business as insurance brokers;

• “practising insurance broker” means a registered insurance broker who is carrying on business as an insurance broker;

• “prescribed” means prescribed by rules under this Act;

• F10 “register” means the register of insurance brokers and “registered” and “registration” shall be construed accordingly;

• “registered insurance broker” means a person who is registered in the register;

• “the registrar” means the registrar of the Council appointed under section 8(1) of this Act.

(2) References in this Act to any other enactment (including an enactment of the Parliament of Northern Ireland and an Order in Council under the M2 Northern Ireland Act 1974) shall be construed as references thereto, as amended, and as including references thereto as extended, by or under any subsequent enactment.

Textual Amendments

F6 Word substituted by Insurance Companies Act 1982 (c. 50, SIF 67), s. 99(2), Sch. 5 para. 18(a)

F7 Words substituted by Insurance Companies Act 1981 (c. 31, SIF 67), s. 36, Sch. 4 Pt. II para. 26(a)

F8 Word substituted by virtue of Insurance Companies Act 1981 (c. 31, SIF 67), s. 36, Sch. 4 Pt. II para. 26(a) and by Insurance Companies Act 1982 (c. 50, SIF 67), s. 99(2), Sch. 5 para. 18(b)

F9 Words substituted by Insurance Companies Act 1981 (c. 31, SIF 67), s. 36, Sch. 4 para. 26(b)

F10 In s. 29(1) definition of 'recognised body of accountants' omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 30(4) (with reg. 4)

Marginal Citations

M2 1974 c. 28.

30 Short title, extent and commencement. U.K.

(1) This Act may be cited as the Insurance Brokers (Registration) Act 1977.

(2) This Act extends to Northern Ireland.

(3) Subject to subsection (4) below, this Act shall come into operation on such date as the Secretary of State may by order appoint and different dates may be appointed for different provisions and for different purposes.

(4) The day appointed for the coming into operation of section 22 of this Act shall not be earlier than the expiration of a period of two years beginning with the day appointed for the coming into operation of section 1 of this Act.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 30(3) fully exercised: S.I. 1977/1782, 1978/1393 and 1980/1824