Friendly Societies Act 1992

PART IV U.K. SUPPLEMENTAL

Offences U.K.

12 (1) A friendly society to which section 37(2) or (3) above applies commits an offence if–

(a) it carries on insurance business in [F1 an EEA State] other than the United Kingdom in contravention of paragraph 1 above;

(b) in contravention of paragraph 2 or 3 above, it changes the requisite EC details or, as the case may be, the requisite UK details of an overseas branch established by it in such [F1 an EEA State];

(c) it provides insurance in such [F1 an EEA State] in contravention of paragraph 5 above;

(d) in contravention of paragraph 6 above, it changes the requisite details relating to the provision of insurance in such [F1 an EEA State]; or

(e) it makes default in complying with, or with a requirement imposed under, any other provision of this Schedule.

(2) A person commits an offence if he causes or permits to be included in a notification sent to the Commission under paragraph 1, 2, 3, 5 or 6 above a statement which he knows to be false in a material particular or recklessly causes or permits to be so included a statement which is false in a material particular.

(3) A person committing an offence under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F1 Words in Sch. 13B para. 12 substituted (1.1.1998) by S.I. 1997/2849, reg. 3

Interpretation U.K.

13 (1) In this Schedule–

(a) references in Part I to the provision of insurance in [F2 an EEA State] other than the United Kingdom are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in that [F2 EEA State]through an establishment in another [F2 EEA State];

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) references in Part III to the provision of insurance in the United Kingdom are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in the United Kingdom–

(i) through an establishment in another [F2 EEA State]; F3 . . .

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Schedule “health insurance risks", in relation to [F2 an EEA State], means risks falling within class 2 of Schedule 2 to this Act (sickness) where–

(a) insurance contracts covering those risks serve as a partial or complete alternative to the health cover provided by the statutory social security system in that State; and

(b) the law of that State requires such contracts to be operated on a technical basis similar to life assurance in accordance with all the conditions listed in the first sub–paragraph of Article 54(2) of the third general insurance Directive.

Textual Amendments

F2 Words in Sch. 13B para. 13 substituted (1.1.1998) by S.I. 1997/2849, reg. 3

F3 Sch.13B Pt. IV para. 13(1)(b) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.

Word in Sch. 13B Pt. IV para. 13(1)(c)(i) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.

Sch. 13B Pt. IV para. 13(1)(c)(ii) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.

Sch. 13B Pt. IV para. 13(2) repealed (1.1.1998) by S.I. 1997/2849, reg. 5, Sch.