PART IIGENERAL PROVISIONS RELATING TO LICENSING OF DRIVERS OF VEHICLES

Physical fitness

Notification of refusal of insurance on grounds of health12

1

If an authorised insurer refuses to issue to any person such a policy of insurance as complies with the requirements of Part VIII on the ground that the state of health of that person is not satisfactory, or on grounds which include that ground, the insurer shall as soon as practicable notify the Department of that refusal and of the full name, address, sex and date of birth of that person as disclosed by him to the insurer.

F12

“Authorised insurer” means an insurer who is a member of the Motor Insurers Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).

3

“Insurer” means—

a

a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out relevant contracts of insurance; or

b

an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out relevant contracts of insurance.

4

A contract is a relevant contract of insurance if the risk insured against relates to—

a

the insured sustaining accidental injury or death as a result of travelling as a passenger;

b

land vehicles;

c

goods in transit; or

d

motor vehicle liability.

5

This Article must be read with—

a

section 22 of the Financial Services and Markets Act 2000;

b

any order for the time being in force under that section; and

c

Schedule 2 to that Act.