The Private Medical Insurance (Tax Relief) Regulations 1989

Qualifying insurers—approval for the purposes of section 55

12.—(1) This regulation specifies the circumstances (in this regulation referred to as “the qualifying circumstances”) in which a person may be approved by the Board as a qualifying insurer for the purposes of section 55.

(2) The qualifying circumstances are that—

(a) the person must make written application to the Board for approval in a form prescribed by the Board;

(b) in that application the person must—

(i) declare that it has been authorised by the Secretary of State to carry on in the United Kingdom the class of insurance business numbered 2 in Part I of Schedule 2 to the Insurance Companies Act 1982 (1); or

(ii) declare that it is a friendly society registered under the Friendly Societies Act 1974(2)or the Friendly Societies Act (Northern Ireland) 1970(3) which is entitled to provide insurance under contracts of private medical insurance; or

(iii) declare that he is a member of a syndicate of underwriting members of Lloyd’s formed for an underwriting year providing insurance under contracts of private medical insurance; or

(iv) declare that he is an insurer not carrying on business in the United Kingdom but carrying on business in another member State, that he is either a national of a member State or a company or partnership formed under the law of any part of the United Kingdom or another member State, which has its registered office, central administration or principal place of business in a member State, and that he is authorised to provide insurance under contracts of private medical insurance under the law in force in the member State of which he is a national, or in which it has its registered office, central administration or principal place of business, as the case may be; and

(v) undertake that he will notify the Board if any of the matters declared by him ceases to correspond with the actual circumstances;

(c) the Board are satisfied that the person will be able to observe the requirements of these Regulations as to the repayment of amounts recovered from the Board which are found not to be due and as to the keeping of records and the provision of information to the Board.

(3) If, following an application by a person for approval by the Board as a qualifying insurer for the purposes of section 55, the Board determine that they do not approve that person, they shall give him notice of their determination specifying the reason for their refusal to approve him.

(4) The terms of the Board’s approval of a qualifying insurer for the purposes of section 55 may include conditions designed to ensure that the provisions of these Regulations and of the Treasury Regulations are satisfied.

(1)

1982 c. 50

(2)

1974 c. 46

(3)

1970 c. 31 (N.I.).