Insurance Companies Act 1982 (repealed)

71 Offences under Part II. U.K.

(1) Any person who—

(a) makes default in complying with sections 28 to 30 or 62(1) above; or

(b) in purported compliance with a requirement imposed under section 44 above furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular; or

(c) causes or permits to be included in—

(i) any document copies of which are, by section 22 of this Act, required to be deposited with the Secretary of State;

(ii) any notice, statement or certificate served or furnished under or by virtue of section 19(2) or 26(1) above;

(iii) any document deposited with the Secretary of State under section 25(4) or 42(4) above;

(iv) any statement sent out under section 49(3)(b) above or made available under section 51(2)(c) above,

a statement which he knows to be false in a material particular or recklessly causes or permits to be so included any statement which is false in a material particular,

shall be guilty of an offence.

(2) Any person guilty of an offence under subsection (1) above shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both;

(b) on summary conviction—

(i) in England and Wales F1 , to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 32 of the M1 Magistrates’ Courts Act 1980;

(ii) in Scotland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 289B of the M2 Criminal Procedure (Scotland) Act 1975;

[F2 (iii) in Northern Ireland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.]

[F3 (2A) A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under section 44A above or fails without reasonable excuse to comply with any requirement imposed in accordance with subsection (3)(d) of that section is guilty of an offence and liable—

(a) on conviction on indictment, to a fine, and

(b) on summary conviction, to a fine not exceeding the statutory maximum.]

(3) Subject to the following provisions of this section—

(a) any insurance company which makes default in complying with, or with a requirement imposed under, any provision of this Part of this Act, being a default for which no penalty is provided by the foregoing provisions of this section; and

(b) any other person who makes default in complying with, or with a requirement imposed under, section 26, 29(7), 31, 38, 39, 40, 41, 44, 45, 49(4), 50(4) or 61(1) above,

shall be guilty of an offence and liable, on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and, on summary conviction in Northern Ireland to a fine not exceeding £400.

(4) Where a person continues to make default in complying with—

(a) section 22(1) or (2), 24(1), 25(4) or 42(4) above; or

(b) a requirement imposed under section 43 or 44(1) above,

after being convicted of that default he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which the default so continues.

F4 [0(4A) A person who publishes or discloses any information or document in contravention of section 47A above shall be guilty of an offence under section 449 of the Companies Act [F5 or Article 442 of the Companies (Northern Ireland) Order 1986] and liable accordingly.]

(5) A person shall not be guilty of an offence by reason of his default in complying with section 61 or 62(1) above if he proves that he did not know that the acts or circumstances by virtue of which he became or ceased to be a controller of the body in question were such as to have that effect.

(6) Where a person is charged with an offence in respect of his default in complying with a requirement imposed under section 44(2) or (3) above to produce any [F6 documents] it shall be a defence to prove that they were not in his possession or control and that it was not reasonably practicable for him to comply with the requirement.

(7) An insurance company shall not be guilty of an offence by reason of its default in complying with section 16 [F7 21A][F8 31A] or 51 (other than subsection (2)(c) above.

Textual Amendments

F1 Words repealed by S.I. 1984/703 (N.I. 3), art. 19(1)(2), Sch. 6 para. 31(a), Sch. 7

F2 S. 71(2)(b)(iii) substituted for words after sub-paragraph (ii) by S.I. 1984/703 (N.I. 3), art. 19(1), Sch. 6 para. 31(b)

F3 S. 71(2A) inserted by Companies Act 1989 (c. 40, SIF 27), s. 77(5)

F4 S. 71(4A) inserted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F5 Words inserted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II

F6 Word substituted by Companies Act 1989 (c. 40, SIF 27), s. 77(6)

F7 “21A" inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 135(2)

F8 “31A" inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 136(2)

Marginal Citations

M1 1980 c. 43.

M2 1975 c. 21.