Modifications etc. (not altering text)
C1Pt. II (ss. 15-71) restricted (1.1.1993) by S.I. 1992/3218, reg65
Pt. II (ss. 15-71) extended (24.12.1996) by S.I. 1996/3011, reg. 3(1)(b), 10(1)
(1)The [F1Treasury] shall deposit with the registrar of companies one copy of—
(a)any document deposited with the [F1Treasury]under section 22 above, including any document obtained under subsection (5) of that section;
(b)any document deposited with him under section 42(4) or 50(4) above.
(2)Subject to subsection (3) below, any document deposited under this section or section 25(5) or 26(3) above with the registrar of companies shall be open to inspection and copies thereof may be procured by any person on payment of such fees as the Secretary of State may direct.
(3)Subsection (2) above shall not apply to any document if it is a copy of a document in respect of which a dispensation has been granted under section 23(2) above.
(4)Every document deposited with the [F1Treasury] under this Part of this Act and certified by the registrar of companies to be a document so deposited shall be deemed to be a document so deposited; and every document purporting to be certified by the registrar of companies to be a copy of a document so deposited shall be deemed to be a copy of that document and shall be received in evidence as if it were the original document unless some variation between it and the original is proved.
Textual Amendments
F1Words in s. 65(1)(4) substituted (1.5.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 43(c) (with art. 7)
Modifications etc. (not altering text)
C2S. 65(1): power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, art. 2, Sch. Pt. I para. 46
Any insurance company which is required to prepare and deliver accounts under [F2Articles 235 and 249 or Article 649 of the Companies (Northern Ireland) Order 1986] shall deposit with the registrar of companies in Northern Ireland one copy of—
(a)any document deposited with the [F3Treasury] under section 22(1), F4. . .22(6), [F5or 42(4) above or paragraph 5(5) of Schedule 2C to this Act];
(b)any document supplied by the company to the [F3Treasury] under section 22(5) above.
Textual Amendments
F2Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II
F3Word in s. 66 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para.43(d) (with art. 7)
F4Words in s. 66(a) repealed (23.12.1996) by S.I. 1996/2102, reg. 4(6)
F5Words in s. 66(a) substituted (1.7.1994) by S.I. 1994/1696, reg. 38
(1)The [F6Treasury]may, on the application or with the consent of an insurance company to which this Part of this Act applies, by order direct that for the purposes of the application to the company of all or any of the provisions to which this section applies—
(a)business of a kind specified in the order, not being ordinary long-term insurance business, shall be treated as being such business; or
(b)ordinary long-term insurance business of a kind so specified shall be treated as not being such business.
(2)An order under subsection (1)(b) above may direct that the business specified in the order shall be treated as falling within a specified class of business.
(3)An order under this section may be subject to conditions and may be varied or revoked at any time by the [F6Treasury].
(4)The provisions to which this section applies are sections 17 to 20, 25, 28 to 31, 42, 55, 56 and 59(2) of this Act and section 21 of the M1Policyholders Protection Act 1975 and Schedule 3 to that Act.
Textual Amendments
F6Word in s. 67 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 43(d) (with art. 7)
Marginal Citations
(1)The [F7Treasury] may, on the application or with the consent of an insurance company to which this Part of this Act applies, by order direct that all or any of the provisions to which this section applies shall not apply to the company or shall apply to it with such modifications as may be specified in the order.
(2)An order under this section may be subject to conditions.
(3)An order under this section may be revoked at any time by the [F7Treasury]; and the [F7Treasury] may at any time vary any such order on the application or with the consent of the company to which it applies.
(4)The provisions to which this section applies are sections 16 to 22, 23(1) [F825 to 34 and 35 to 36] of this Act, the provisions of regulations made for the purposes of any of those sections and the provisions of any valuation regulations.
[F9(4A)If regulations made for the purposes of this subsection so provide, the provisions to which this section applies shall also include section 34A above and the provisions of regulations made for the purposes of that section.]
(5)In relation to section 31 above, subsection (1) above shall have effect as if the reference to an insurance company to which this Part of this Act applies included a reference to any subordinate company within the meaning of that section of any such insurance company.
Textual Amendments
F7Word in s. 68 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para.43(d) (with art. 7)
F8Words in s. 68(4) substituted (19.7.1995) by 1995 c. 29, s. 2(2)
F9S. 68(4A) inserted (19.7.1995) by 1995 c. 29, s. 2(3)
Modifications etc. (not altering text)
C3S. 68 extended (with modifications) (24.12.1996) by S.I. 1996/3011, regs. 4, 10(1)
The [F10Treasury] may extend or shorten, for the purposes of this Part of this Act, the duration of any financial year of an insurance company to which this Part of this Act applies.
Textual Amendments
F10Word in s. 69 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 43(d) (with art. 7)
Modifications etc. (not altering text)
C4S. 69: power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 47
(1)Any notice which is by this Part of this Act required to be sent to any policy holder may be addressed and sent to the person to whom notices respecting that policy are usually sent, and any notice so addressed and sent shall be deemed to be notice to the holder of the policy.
(2)Where any person claiming to be interested in a policy has given to the company notice in writing of his interest, any notice which is by this Part of this Act required to be sent to policy holders shall also be sent to that person at the address specified by him in his notice.
(3)Any notice to be served on any person by the [F11Treasury] under section 46, 60 or 61 above may be served by post, and a letter containing that notice shall be deemed to be properly addressed if it is addressed to that person at his last known residence or last known place of business in the United Kingdom.
Textual Amendments
F11Words in s. 70(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 43(e) (with art. 7)
Modifications etc. (not altering text)
C5S. 70(3): power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 48
(1)Any person who—
(a)makes default in complying with sections 28 to 30 or [F12or 62(1), (1A) or (1B)] above; or
(b)in purported compliance with a requirement imposed unde r [F13 section 43A or 44] above furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular; or
(c)causes or permits to be included in—
(i)any document copies of which are, by section 22 of this Act, required to be deposited with the [F14Treasury];
(ii)any notice, statement or certificate served or furnished under or by virtue of section 19(2) or 26(1) above;
(iii)any document deposited with the [F14Treasury] under section 25(4) or 42(4) above;
[F15(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,]
a statement which he knows to be false in a material particular or recklessly causes or permits to be so included any statement which is false in a material particular,
shall be guilty of an offence.
(2)Any person guilty of an offence under subsection (1) above shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both;
(b)on summary conviction—
(i)in England and Wales F16. . ., to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of section 32 of the M2Magistrates’ Courts Act 1980;
(ii)in Scotland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of [F17section 225(8) of theCriminal Procedure (Scotland) Act 1995];
[F18(iii)in Northern Ireland, to a fine not exceeding £1,000 or, if it is greater, the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984.]
[F19(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.]
[F20(2A)A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under section 44A above or fails without reasonable excuse to comply with any requirement imposed in accordance with subsection (3)(d) of that section is 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)Subject to the following provisions of this section—
(a)any insurance company which makes default in complying with, or with a requirement imposed under, any provision of this Part of this Act, being a default for which no penalty is provided by the foregoing provisions of this section; and
(b)any other person who makes default in complying with, or with a requirement imposed under, section 26, 29(7), 31, 38, 39, 40, 41, [F2143A, 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],
shall be guilty of an offence and liable, on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and, on summary conviction in Northern Ireland to a fine not exceeding £400.
(4)Where a person continues to make default in complying with—
(a)section 22(1) F22. . ., 24(1), 25(4) or 42(4) above; or
(b)a requirement imposed under section 43 or [F2344(1) or (2B)] above,
after being convicted of that default he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which the default so continues.
[F24F25(4A)A person who publishes or discloses any information or document in contravention of section 47A above shall be guilty of an offence under section 449 of the Companies Act [F26or Article 442 of the Companies (Northern Ireland) Order 1986] and liable accordingly.]
(5)A person shall not be guilty of an offence by reason of his default in complying with section [F2761, 61A(1) or 62(1), (1A) or (1B)] above if he proves that he did not know that the acts or circumstances by virtue of which he became or ceased to be a controller of the body in question were such as to have that effect.
(6)Where a person is charged with an offence in respect of his default in complying with a requirement imposed under section 44(2) or (3) above to produce any [F28documents] it shall be a defence to prove that they were not in his possession or control and that it was not reasonably practicable for him to comply with the requirement.
(7)An insurance company shall not be guilty of an offence by reason of its default in complying with section 16 [F2921A][F30or 31A above or Part II of Schedule 2C to this Act (other than paragraph 7(1)(c))].
Textual Amendments
F12Words in s. 71(1)(a) substituted (1.7.1994) by S.I. 1994/1696, reg. 39(1)(a)
F13Words in s. 71(1)(b) substituted (1.7.1994) by S.I. 1994/1696, reg. 39(1)(b)
F14Words in s. 71(1)(c) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para.43(f) (with art. 7)
F15S. 71(1)(c)(iv) substituted (1.7.1994) by S.I. 1994/1696, reg. 39(1)(c)
F16Words repealed by S.I. 1984/703 (N.I. 3), art. 19(1)(2), Sch. 6 para. 31(a), Sch. 7
F17Words in s. 71(2)(b)(ii) substituted (1.4.1996) by 1995 c. 40, s. 5, Sch. 4 para. 45(3)
F18S. 71(2)(b)(iii) substituted for words after sub-paragraph (ii) by S.I. 1984/703 (N.I. 3), art. 19(1), Sch. 6 para. 31(b)
F19S. 71(2)(2AA) inserted (1.7.1994) by S.I. 1994/1696, reg. 39(2)
F20S. 71(2A) inserted by Companies Act 1989 (c. 40, SIF 27), s. 77(5)
F21Words in s. 71(3)(b) substituted (1.7.1994) by S.I. 1994/1696, reg. 39(3)
F22Words in s. 71(4)(a) repealed (23.12.1996) by S.I. 1996/2102, art. 4(7)
F23Words in s. 71(4)(b) substituted (1.7.1994) by S.I. 1994/1696, reg. 39(4)
F24S. 71(4A) shall cease to have effect (1.7.1994) by S.I. 1994/1696, reg. 39(5)
F25S. 71(4A) inserted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2
F26Words inserted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II
F27Words in s. 71(5) substituted (1.7.1994) by S.I. 1994/1696, reg. 39(6)
F28Word substituted by Companies Act 1989 (c. 40, SIF 27), s. 77(6)
F29 “21A" inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 135(2)
F30Words in s. 71(7) substituted (1.7.1994) by S.I. 1994/1696, reg. 39(7)
Marginal Citations