The Motor Vehicles (Compulsory Insurance) Regulations (Northern Ireland) 2017

Made19th January 2017

Coming into operation20th February 2017

The Department for Infrastructure1 makes the following Regulations, in exercise of the powers conferred by section 2(2) of the European Communities Act 19722.

The Department for Infrastructure is designated3 for the purposes of section 2(2) of the European Communities Act 1972 in relation to compulsory insurance in respect of, and other means of providing for, civil liability in relation to motor vehicles and trailers.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Motor Vehicles (Compulsory Insurance) Regulations (Northern Ireland) 2017 and shall come into operation on 20^th February 2017.

(2)

The Interpretation Act (Northern Ireland) 19544 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Road Traffic (Northern Ireland) Order2.

(1)

The Road Traffic (Northern Ireland) Order 19815 is amended in accordance with paragraphs (2) and (3).

(2)

In Article 92(2)(b)6 (requirements in respect of policies) for “£1,000,000” substitute “£1,200,000”.

(3)

In Article 98(6)7 (duty of insurers or persons giving security to satisfy judgement against persons insured or secured against third party risks) for “£1,000,000”, in each place where it occurs, substitute “£1,200,000”.

Revocation3.

The Motor Vehicles (Compulsory Insurance) Regulations (Northern Ireland) 20078 are revoked.

Sealed with the Official Seal of the Department for Infrastructure on 19^th January 2017

Elizabeth Loughran

A senior officer of the

Department for Infrastructure

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further implement Directive 2009/103/EC9 of the European Parliament and the Council of 16^th September 2009 relating to insurance against civil liability in respect of the use of motor vehicles. The Directive consolidates the law set out previously in Directive 2005/14/EC10 of the European Parliament and of the Council of 11^th May 2005 amending Council Directives 72/166/EEC11, 84/5/EEC12, 90/232/EEC13 and 2000/26/EC14 of the European Parliament and of the Council.

Article 9(1) of Directive 2009/103/EC stipulates the minimum amount of compulsory insurance required for motor vehicles in respect of personal injury and property damage and Article 9(2) provides for these amounts to be reviewed every 5 years and adjusted in line with the European Index of Consumer Prices.

The communication from the Commission to the European Parliament and the Council of 10^th May 201615 notifies the outcome of the most recent review which increases the minimum amount of compulsory insurance in respect of property damage to €1,220,000 per claim. In order to ensure compliance with this requirement, in light of possible currency fluctuations, these Regulations increase the amount specified in the Road Traffic (Northern Ireland) Order 1981 from £1,000,000 to £1,200,000.

The Regulations also revoke the Motor Vehicles (Compulsory Insurance) Regulations (Northern Ireland) 2007.

An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr