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The Solvency 2 Regulations 2015
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- UK Statutory Instruments
- 2015 No. 575
- PART 4
- CHAPTER 2
- Regulation 53
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The Solvency 2 Regulations 2015, Section 53 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 53:
- Regulations transitional provision for revocation of S.I. 2015/575 by S.I. 2024/594, reg. 7, Sch. (as inserted) by S.I. 2024/1116 reg. 5 Sch.
Transitional measures on risk-free interest ratesU.K.
This section has no associated Explanatory Memorandum
53.—(1) An insurance undertaking, reinsurance undertaking or third-country insurance undertaking may apply to the PRA for permission to apply a transitional adjustment to a risk-free interest rate term structure with respect to admissible insurance or reinsurance obligations.
(2) Admissible insurance or reinsurance obligations are insurance or reinsurance obligations that meet all of the following requirements—
(a)the contracts that give rise to the insurance or reinsurance obligations are concluded before 1st January 2016;
(b)the technical provisions for the insurance and reinsurance obligations are determined in accordance with rules implementing Article 20 of Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance M1 until 1st January 2016;
(c)the insurance or reinsurance obligations are not subject to a matching adjustment in accordance with an approval granted under regulation 42 [F1, or on or after 30th June 2024, a permission given in accordance with section 138BA of FSMA and regulation 4 of the Insurance and Reinsurance Undertakings (Prudential Requirements) Regulations 2023].
(3) For the purposes of paragraph (2)(a), the renewal of a contract does not give rise to a new contract.
(4) The PRA must approve an application made under paragraph (1) if the condition specified in paragraph (6) would be satisfied if the approval is granted.
(5) Where the PRA grants approval under paragraph (4)—
(a)the undertaking may apply to vary the approval;
(b)the PRA must vary the approval on an application made under sub-paragraph (a) if the condition specified in paragraph (6) would be satisfied in relation to the approval as varied;
(c)the PRA must revoke the approval if the condition specified in paragraph (6) ceases to be satisfied;
(d)the PRA must revoke the approval if the condition specified in paragraph (7) is satisfied.
(6) The condition referred to in paragraphs (4), (5)(b) and (5)(c) is that the transitional adjustment is calculated in accordance with rules implementing Article 308c of the Solvency 2 Directive.
(7) The condition referred to in paragraph (5)(d) is that a progress report submitted to the PRA under rules implementing Article 308e of the Solvency 2 Directive shows that it is unrealistic to expect compliance with the solvency capital requirement by 2032.
Textual Amendments
F1Words in reg. 53(2)(c) inserted (30.6.2024) by The Insurance and Reinsurance Undertakings (Prudential Requirements) (Transitional Provisions and Consequential Amendments) Regulations 2024 (S.I. 2024/594), regs. 1(2), 4(2) (with reg. 3)
Marginal Citations
M1OJ No L345, 19.12.02, p 1.
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