Insurance Companies Act 1982 (repealed)

81B Documents to be furnished to the Secretary of State. U.K.

(1) An insurance company which intends to provide insurance in the United Kingdom shall send to the Secretary of State—

(a) a certificate issued by the competent authorities of the member State in which the company’s head office is situated attesting—

(i) that the company possesses for its activities as a whole the minimum solvency margin calculated in accordance with [F3 the relevant provisions], and

(ii) that the company’s authorisation in accordance with Article 7(1) of [F3 the relevant Directive] enables the company to operate outside its member State of establishment,

[F4 and

F4 (iii) where the company intends to provide long term insurance in the United Kingdom, confirms that all the commitments which the company intends to cover fall within the classes of insurance business which the company has been authorised to undertake through that establishment,]

(b) a certificate issued by the competent authorities of the member State of the establishment through which the company intends to provide insurance in the United Kingdom, which—

(i) indicates the classes of insurance business which the company has been authorised to undertake through that establishment, and

(ii) states that the authorities do not object to the company providing insurance in the United Kingdom,

(c) a statement by the company of the nature of the risks[F5 [or commitments]]which it proposes to cover in the United Kingdom, F6 . . .

(d) a notice stating the address of the company for the purpose of the service of documents under this Part; [F7 and

(e) in the case of an insurance company which intends to provide insurance to cover relevant motor vehicle risks—

(i) a notice stating the name and address of the claims representative; and

(ii) a declaration that the insurance company has become a member of the Motor Insurers’ Bureau (being a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946);]

and the company shall not provide insurance in the United Kingdom before the date certified as that on which those documents were received by the Secretary of State.

[F8 (1A) The insurance company shall notify the Secretary of State in writing of—

(a) any change of address of the company for the purpose of the service of documents; and

(b) where it provides insurance to cover relevant motor vehicle risks, any change of name or address of the claims representative,

(a) if the company intends to cover risks, the first general insurance Directive and Articles 16 and 17 of that Directive;

(b) if the company intends to cover commitments, the first long term insurance Directive and Articles 18, 19 and 20 of that Directive.

before the expiration of the period of one month beginning with the day on which the change occurred.]

[F9 (1B) In subsection (1) above “the relevant Directive" and “the relevant provisions" mean respectively–

(a) if the company intends to cover risks, the first general insurance Directive and Articles 16 and 17 of that Directive;

(b) if the company intends to cover commitments, the first long term insurance Directive and Articles 18, 19 and 20 of that Directive.]

(2) Where an insurance company wishes to provide insurance in the United Kingdom in respect of risks [F10 or commitment] other than those mentioned in the statement given in accordance with subsection (1)(c), it shall give written notice to the Secretary of State amending that statement; and it shall not provide insurance in the United Kingdom in respect of such risks [F10 or commitment]before the date certified as that on which written notice of the amendment was received by the Secretary of State.

Textual Amendments

F3 Words in s. 81B(1)(a) substituted (20.5.1993) by S.I. 1993/174, reg. 4(5)(a)

F4 S. 81B(1)(b)(iii) and the preceding word “and” inserted (20.5.1993) by S.I. 1993/174, reg. 4(5)(b)

F5 Words in s. 81B(c) inserted (20.5.1993) by S.I. 1993/174, reg. 4(5)(c)

F6 Word in s. 81B(1) omitted (19.11.1992) by virtue of S.I. 1992/2890, reg. 7(3)

F7 S. 81B(1)(e) and word "and" preceding it inserted (19.11.1992) by S.I. 1992/2890, reg. 7(3)

F8 S. 81B(1A) inserted (19.11.1992) by S.I. 1992/2890, reg. 7(4)

F9 S. 81B(1B) inserted (20.5.1993) by S.I. 1993/174, reg. 4(6)

F10 Words in s. 81B(2) inserted (20.5.1993) by S.I. 1993/174, reg. 4(7)