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The Insurance Companies (Third Insurance Directives) Regulations 1994

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Offences under Part II

39.—(1) In subsection (1) of section 71 of the 1982 Act (offences under Part II)—

(a)in paragraph (a), for “62(1)” substitute “or 62(1), (1A) or (1B)”;

(b)in paragraph (b), for the words “section 44” substitute the words “section 43A or 44”; and

(c)in paragraph (c), for sub-paragraph (iv) substitute—

(iv)any statement sent out under paragraph 2(2)(b) of Schedule 2C to this Act or made available under paragraph 7(1)(c) of that Schedule,

(2) After subsection (2) of that section insert—

(2AA) Any person who intentionally obstructs a person exercising rights conferred by section 44(4A) above shall be 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) In subsection (3) of that section(1), for the words “44, 45, 49(4), 50(4), 61(1) or 63A above” substitute the words “43A, 44, 45, 61(1) or 61A(1) above, paragraph 2(3) or 5(5) of Schedule 2C to this Act or Schedule 2D to this Act”.

(4) In subsection (4) of that section, for “44(1)” substitute “44(1) or (2B)”.

(5) Subsection (4A) of that section(2) (which is superseded by regulation 26 above) shall cease to have effect.

(6) In subsection (5) of that section, for “61 or 62(1)” substitute “61, 61A(1) or 62(1), (1A) or (1B)”.

(7) In subsection (7) of that section(3), for the words “31A or 51 (other than subsection (2)(c)) above” substitute the words “or 31A above or Part II of Schedule 2C to this Act (other than paragraph 7(1)(c))”.

(1)

Subsection (3) was amended by the Fines and Penalties (Northern Ireland) Order 1984 (S.I. 1984/703 (N.I.3)), the Criminal Penalties etc. (Increase) Order (Northern Ireland) 1984 (S.R. 1984/253) and S.I. 1992/2890, reg 6.

(2)

Subsection (4A) was inserted by the Companies Consolidation (Consequential Provisions) Act 1985 (c. 9), section 30 and Schedule 2.

(3)

Subsection (7) was inserted by the Financial Services Act 1986 (c. 60), sections 135(2) and 136(2).

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