The Motor Vehicles (Third Party Risks) (Amendment) Regulations 2001

Amendment of the 1972 Regulations

2.—(1) The Motor Vehicles (Third Party Risks) Regulations 1972(1) are amended in accordance with paragraphs (2), (3) and (4) below.

(2) In regulation 4(1), after the definition of “company”, there is inserted—

““Motor Insurers' Bureau” means the company referred to in section 145(5) of the Road Traffic Act 1988;”.

(3) For regulation 10(1) there is substituted—

“(1) Every company by whom a policy or security is issued must keep a record of the following particulars relating to that policy or security and which are either contained therein or specified in a certificate of insurance or security issued in respect thereof—

(a) the number of the policy or security;

(b) the name and address of the person to whom the policy or security is issued;

(c) either—

(i) the name of every person whose liability is covered by the policy or security, or

(ii) (where it is not reasonably possible for the company to keep a record of those names) a description of the persons whose liability is covered by the policy or security;

(d) in respect of vehicles the use of which is covered by the policy or security—

(i) the registration number of every vehicle specifically identified by that number in the policy or security (a “specified vehicle”), and

(ii) a description of every other vehicle or class of vehicles which are identified in the policy or security other than by reference to a registration number;

(e) a description of every specified vehicle sufficient to enable it to be identified by a police officer;

(f) the date on which the policy or security comes into force and the date on which it expires;

(g) in the case of a policy, the conditions subject to which the person or persons whose liability is covered will be indemnified by the insurer;

(h) in the case of a security, the conditions subject to which the undertaking by the giver of the security will be implemented.”

(4) For regulation 10(4) there is substituted—

“(4) Records which are required to be kept under paragraph (1) shall be preserved by the company keeping them for a period of seven years commencing on the expiry of the relevant policy or security.

(5) Every company, specified body and other person required by this regulation to keep records—

(a) shall furnish, without charge, to the Secretary of State or a chief officer of police upon request any particulars contained in those records, and

(b) may provide copies of those records to the Motor Insurers' Bureau or, if the Bureau so requests, to a subsidiary company nominated by it but where copies are provided they must be provided in electronic form.

(6) Where a copy of any record has been provided to the Motor Insurers' Bureau or its nominated subsidiary under paragraph (5)(b), the Bureau or its subsidiary shall—

(a) in the case of a record which is required to be kept under paragraph (1), preserve that copy record for a period of seven years from the date of expiry of the relevant policy or security, and

(b) furnish, without charge, to the Secretary of State or a chief officer of police upon request any particulars which it holds by virtue of this regulation.”

(1)

S.I. 1972/1217; regulation 10(3) was amended by S.I. 1992/1283.