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Part VU.K. Supplementary Provisions

Valuation regulationsU.K.

90 Power to make valuation regulations.U.K.

(1)Regulations may be made with respect to the determination of the value of assets and the amount of liabilities in any case in which the value or amount is required by any provision of this Act to be determined in accordance with valuation regulations.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may provide that, for any specified purpose, assets or liabilities of any specified class or description shall be left out of account or shall be taken into account only to a specified extent.

(3)Regulations under this section may make different provision in relation to different cases or circumstances and for the purposes of different enactments.

Criminal proceedingsU.K.

91 Criminal liability of directors.U.K.

(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, chief executive, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(2)For the purposes of this section a person shall be deemed to be a director of a body corporate if he is a person in accordance with whose directions or instructions the directors of the body corporate or any of them act.

92 Criminal proceedings against unincorporated bodies.U.K.

(1)Proceedings for an offence alleged to have been committed under this Act by an unincorporated body shall be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents shall have effect as if that body were a corporation.

(2)A fine imposed on an unincorporated body on its conviction of an offence under this Act shall be paid out of the funds of that body.

(3)In a case in which an unincorporated body is charged with an offence under this Act—

(a)in England or Wales, section 33 of the M1Criminal Justice Act 1925 and Schedule 3 to the M2Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation);

(b)in Northern Ireland, section 18 of the M3Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the M4Magistrates’ Courts (Northern Ireland) Order 1981 (procedure on charge of offence against a corporation)

shall have effect in like manner as they have effect in the case of a corporation so charged.

(4)In relation to any proceedings on indictment in Scotland for an offence alleged to have been committed under this Act by an unincorporated body, section 74 of the M5Criminal Procedure (Scotland) Act 1975 (proceedings on indictment against bodies corporate) shall have effect as if that body were a body corporate.

93 Restriction on institution of prosecutions.U.K.

Proceedings in respect of an offence under this Act shall not be instituted—

(a)in England or Wales, except by or with the consent of the Secretary of State, the Industrial Assurance Commissioner or the Director of Public Prosecutions,

(b)in Northern Ireland, except by or with the consent of the Secretary of State, the Department of Commerce for Northern Ireland or the Director of Public Prosecutions for Northern Ireland.

94 Summary proceedings.U.K.

(1)Summary proceedings for any offence under this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against a body corporate at any place at which the body has a place of business, and against any other person at any place at which he is for the time being.

(2)Notwithstanding anything in section 127 of the Magistrates’ Courts Act 1980, an information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time within three years after the commission of the offence and within twelve months after the date on which evidence sufficient, in the opinion of the Director of Public Prosecutions, the Secretary of State or the Industrial Assurance Commissioner, as the case may be, to justify the proceedings comes to his knowledge.

(3)Summary proceedings in Scotland for an offence under this Act shall not be commenced after the expiration of three years from the commission of the offence.

(4)Subject to the limitation in subsection (3) above and notwithstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975, the proceedings referred to in that subsection may be commenced at any time within twelve months after the date on which evidence sufficent in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or, where such evidence was reported to him by the Secretary of State or the Industrial Assurance Commissioner, within twelve months after the date on which it came to the knowledge of the Secretary of State or Commissioner.

(5)Subsection (3) of section 331 of the said Act of 1975 shall apply for the purposes of subsections (3) and (4) above as it applies for the purposes of that section.

(6)Notwithstanding anything in Article 19(1) of the M6Magistrates’ Courts (Northern Ireland) Order 1981, a complaint relating to an offence under this Act which is triable by a court of summary jurisdiction in Northern Ireland may be so tried if it is made at any time within three years after the commission of the offence and within twelve months after the date on which evidence sufficient, in the opinion of the Director of Public Prosecutions for Northern Ireland, the Secretary of State or the Department of Commerce for Northern Ireland, as the case may be, to justify the proceedings comes to his or that Department’s knowledge.

(7)For the purposes of this section a certificate of the Director of Public Prosecutions, the Lord Advocate, the Director of Public Prosecutions for Northern Ireland, the Secretary of State, the Department of Commerce for Northern Ireland or the Industrial Assurance Commissioner, as the case may be, as to the date on which such evidence as aforesaid came to his, or that Department’s, knowledge shall be conclusive evidence.

Marginal Citations

[F1 Law applicable to certain contracts of insurance]U.K.

Textual Amendments

F1S. 94A and cross-heading inserted by S.I. 1990/1333, reg. 6(1)

[F294B] Law applicable to certain contracts of insurance.U.K.

(1)The law applicable to a contract of insurance the effecting of which constitutes general business, and which covers risks situated in the United Kingdom or another member State, shall be determined in accordance with the provisions of Schedule 3A to this Act.

(2)Those provisions do not apply in relation to a contract of reinsurance.

Textual Amendments

F2S. 94A (inserted by the Insurance Companies (Amendment) Regulations 1990) renumbered as S. 94B by S.I. 1992/2890, reg. 9(2) and, by that reg. 9(2), that section and s. 94A (inserted by Insurance (Fees) Act 1985) are transposed.

[F3 Fees]U.K.

Textual Amendments

94A Fees.U.K.

(1)When documents are deposited under section 22(1) above the company concerned shall pay to the Secretary of State such fee as may be prescribed.

(2)In the case of a company for which a fee is prescribed, documents shall not be taken to have been deposited under section 22(1) until the company has paid the fee.

(3)When a statement is deposited under section 86(1) above the Council of Lloyd’s shall pay to the Secretary of State such fee as may be prescribed.

(4)In making regulations for the purposes of subsections (1) and (3) above the Secretary of State shall have regard to the object of securing (so far as practicable) that the amount of the fees payable in any relevant period by insurance companies and the Council of Lloyd’s is equal to the cost incurred, or likely to be incurred, in the period by the Secretary of State in exercising relevant functions.

(5)This section does not apply where documents are, or a statement is, deposited before 1st April 1986, and in subsection (4) above ''relevant period’’ means the period of twelve months beginning with 1st April 1986 and each successive period of twelve months beginning with 1st April.

(6)In subsection (4) above “relevant functions” means such functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s as may be prescribed.

(7)Sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Modifications etc. (not altering text)

C1S. 94A(6) modified (1.4.1995) by S.I. 1995/688, reg. 10

InterpretationU.K.

95 Insurance business.U.K.

For the purposes of this Act “insurance business” includes—

(a)the effecting and carrying out, by a person not carrying on a banking business, of contracts for fidelity bonds, performance bonds, administration bonds, bail bonds or customs bonds or similar contracts of guarantee, being contracts effected by way of business (and not merely incidentally to some other business carried on by the person effecting them) in return for the payment of one or more premiums;

(b)the effecting and carrying out of tontines;

(c)the effecting and carrying out, by a body (not being a body carrying on a banking business) that carries on business which is insurance business apart from this paragraph, of—

(i)capital redemption contracts;

(ii)contracts to manage the investments of pension funds (other than funds solely for the benefit of its own officers or employees and their dependants or, in the case of a company, partly for the benefit of those persons and partly for the benefit of officers or employees and their dependants of its subsidiary or holding company or a subsidiary of its holding company);

(d)the effecting and carrying out of contracts to pay annuities on human life.

96 General interpretation.U.K.

(1)In this Act, unless the context otherwise requires—

(a)in relation to ordinary long-term insurance business and industrial assurance business, includes an instrument evidencing a contract to pay an annuity upon human life;

(b)in relation to insurance business of any other class includes any policy under which there is for the time being an existing liability already accrued or under which a liability may accrue; and

(c)in relation to capital redemption business, includes any policy, bond, certificate, receipt or other instrument evidencing the contract with the company;

(a)in relation to such ordinary long-term insurance business or industrial assurance business as consists in the granting of annuities upon human life, includes an annuitant; and

(b)in relation to insurance business of any kind other than such as is mentioned in the foregoing paragraph or capital redemption business, includes a person to whom, under a policy, a sum is due or a periodic payment is payable;

(2)References in this Act to a fund or funds maintained in respect of long term business are references to a fund or funds maintained under section 28(1)(b) above and in sections 48(3) and 55(6) above include references to a fund or funds maintained under section 3(1) of the M15Insurance Companies Act 1958 or section 14(1) of the M16Insurance Companies Act (Northern Ireland) 1968.

(3)A person shall not be deemed to be within the meaning of any provision of this Act a person in accordance with whose directions or instructions the directors of a company or other body corporate or any of them are accustomed to act by reason only that the directors of the company or body act on advice given by him in a professional capacity.

(4)Any reference in this Act to an enactment of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly shall include a reference to any enactment re-enacting it with or without modifications.

Textual Amendments

F11Words in s. 96(1) substituted (N.I.) (1.10.1991) by S.I. 1989/2405, arts. 1(2), 381(2), Sch. 9 para. 38 (N.I. 19), art. 23, Sch. 1 Pt. II; S.R. 1991/411, art.2

Modifications etc. (not altering text)

C2Definition of "chief executive" in s. 96 applied (15.5.1991) by Standard Life Assurance Company Act 1991 (c. iii), s. 14(1), Sch. reg. 1 (1); appointed day (15.5.1991) as published in the London Gazette on 19.4.1991.

Marginal Citations

M81932 c. 7(N.I.).

[F1696A Interpretation of expressions derived from general insurance Directives.U.K.

(1)In this Act—

(a)the first general insurance Directive” means Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance;

(b)the second general insurance Directive” means Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC;

and “the general insurance Directives” means those Directives as amended and such other Directives as make provision with respect to the business of direct insurance other than life assurance.

[F17(1A)The Directives amending the general insurance Directives referred to in subsection (1) above include Council Directive 90/618/EEC amending, particularly as regards motor vehicle liability insurance, Directive 73/239/EEC and Directive 88/357/EEC.

(1B)In this Act “the first long term insurance Directive" means Council Directive 79/267/EEC of 5 March 1979 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of direct life assurance.]

(2)In this Act, in relation to an insurance company carrying on general business (other than reinsurance), ''establishment’’ means the head office or a branch or agency of the company; and references to a company being established in a particular member State mean that the company has its head office or a branch or agency there.

Any permanent presence of such a company in a member State shall be regarded as a branch or agency, even if that presence consists merely of an office managed by the company’s own staff or by a person who is independent but has permanent authority to act for the company in the same way as an agency.

(3)References in this Act to the member State where the risk is situated are—

(a)where the insurance relates to buildings or to buildings and their contents (in so far as the contents are covered by the same policy), to the member State in which the property is situated;

(b)where the insurance relates to vehicles of any type, to the member State of registration;

(c)in the case of policies of a duration of four months or less covering travel or holiday risks (whatever the class concerned), to the member State where the policy holder took out the policy;

(d)in a case not covered by paragraphs (a) to (c)—

(i)where the policy holder is an individual, to the member State where he has his habitual residence;

(ii)otherwise, to the member State where the establishment of the policy holder to which the policy relates is situated.

(4)In this Act the “ECU” means the unit of account of that name defined in Council Regulation (EEC) No. 3180/78 as amended.

The exchange rates as between the ECU and the currencies of the member States to be applied for each year beginning on 31st December shall be the rates applicable on the last day of the preceding October for which rates for the currencies of all the member States were published in the Official Journal of the Communities.]

Textual Amendments

F17S. 96A(1A)(1B) inserted (19.11.1992) by S.I. 1992/2890, reg. 9(4)

[F1896B Meaning of “large risks”.U.K.

(1)In this Act “large risks” means—

(a)risks falling within classes 4, 5, 6, 7, 11 and 12 of Part I of Schedule 2;

(b)risks falling within classes 14 and 15 of that Part which relate to a business carried on by the policy holder;

(c)risks falling within [F19classes 3, 8, 9, 10, 13 and 16] of that Part where the policy holder carries on a business in respect of which the condition specified in subsection (2) below is met.

(2)The condition referred to in subsection (1)(c) is that at least two of the three following criteria were exceeded in the most recent financial year for which the information is available:

(3)For the purposes of subsection (2) as it applies to a company within the meaning of section 735(1) of the Companies Act 1985 or Article 3 of the Companies (Northern Ireland) Order 1986—

(a)balance sheet total” has the meaning given by section 247(5) of that Act or Article 255(5) of that Order,

(b)net turnover” has the meaning given to “turnover” by section 262(1) of that Act or Article 270(1) of that Order, and

(c)number of employees” has the meaning given by section 247(6) of that Act or Article 255(6) of that Order;

and for a financial year which is a company’s financial year but not in fact a year, the net turnover of the company shall be proportionately adjusted.

(4)Where the policy holder is a member of a group for which consolidated accounts (within the meaning of Directive 83/349/EEC are drawn up, the question whether the condition in subsection (2) is met shall be determined by reference to those accounts.

(5)For the purposes of subsection (1)(c) as it applies where the policy holder is a professional association, joint venture or temporary grouping, the question whether the condition in subsection (2) is met shall be determined by reference to the aggregate of the relevant figures for all the members of the professional association, joint venture or temporary grouping.

(6)In this section “business” includes a trade or profession and, for the purposes of subsection (1)(c), any activity of a professional association, joint venture or temporary grouping.]

Textual Amendments

F19Words in s. 96B(1)(c) substituted (19.11.1992) by S.I. 1992/2890, reg. 9(5)

Valid from 01/07/1994

[96CF20Meaning of 'controller’etc.U.K.

(1)In this Act 'controller’, in relation to an insurance company, means—

(a)a managing director of the company or of a body corporate of which the company is a subsidiary;

(b)a chief executive of the company or of a body corporate, being an insurance company, of which the company is a subsidiary;

(c)a person in accordance with whose directions or instructions the directors of the company or of a body corporate of which it is a subsidiary are accustomed to act;

(d)in the case of UK company, a person who satisfies the requirements of subsection (2) below; or

(e)except in the case of a UK company, a person who either alone or with any associate or associates is entitled to exercise, or control the exercise of, 15 per cent. or more of the voting power at any general meeting of the company or of a body corporate of which it is a subsidiary.

(2)A person satisfies the requirements of this subsection in relation to a UK company if, either alone or with any associate or associates—

(a)he holds 10 per cent. or more of the shares in the company or another company of which it is a subsidiary undertaking;

(b)he is entitled to exercise, or control the exercise of, 10 per cent.or more of the voting power at any general meeting of the company or another company of which it is a subsidiary undertaking; or

(c)he is able to exercise a significant influence over the management of the company or another company of which it is such an undertaking by virtue of—

(i)a holding of shares in; or

(ii)an entitlement to exercise, or to control the exercise of, the voting power at any general meeting of,

the company or, as the case may be, that other company.

(3)In this Act—

'shareholder controller’ means a person who is a controller of a UK company by virtue of subsection (2) above;

'10 per cent. shareholder controller’ means a shareholder controller in whose case the percentage referred to in subsection (2) above is 10 or more but less than 20;

'20 per cent. shareholder controller’ means a shareholder controller in whose case that percentage is 20 or more but less than 33;

'33 per cent. shareholder controller’ means a shareholder controller in whose case that percentage is 33 or more but less than 50;

'50 per cent. shareholder controller’ means a shareholder controller in whose case that percentage is 50;

'majority shareholder controller’ means a shareholder controller whose shareholding is such that the UK company is his subsidiary undertaking.

(4)For the purpose of determining for the purposes of this Act whether any person is a controller of an insurance company or is a shareholder controller, or a shareholder controller of any particular description, of a UK company, 'associate’ means, subject to subsection (5) below—

(a)the wife or husband or minor son or daughter of that person;

(b)the trustees of any settlement under which that person has a life interest in possession, or, in Scotland, a life interest;

(c)any company of which that person is a director;

(d)any person who is an employee or partner of that person;

(e)if that person is a company—

(i)any director of that company;

(ii)any subsidiary undertaking of that company;

(iii)any director or employee of any such subsidiary undertaking; and

(f)if that person has made an agreement or arrangement with any other person—

(i)with respect to the acquisition, holding or disposal of shares or other interests in the company concerned or another company of which it is a subsidiary undertaking; or

(ii)under which they undertake to act together in exercising their voting power in relation to the company concerned or another company of which it is such an undertaking, that other person.

(5)For the purpose of determining for the purposes of this Act whether any person is a controller of an insurance company other than a UK company, subsection (4) above shall have effect as if—

(a)paragraphs (b) and (f) were omitted; and

(b)in paragraph (e), for the words 'subsidiary undertaking’, in both places where they occur, there were substituted the word 'subsidiary’.

(6)In this section—

'settlement’ includes any disposition or arrangement under which property is held in trust;

'share’ has the same meaning as in Part VII of the Companies Act or Part VIII of the Companies (Northern Ireland) Order 1986 F21;

'son’ includes stepson and 'daughter’ includes stepdaughter.

(7)Any reference in this section to a UK or non-EC company includes a reference to a company which, if any authorisation sought by it were issued, would be such a company.]

Textual Amendments

F20S. 96C inserted (1.7.1994) by S.I. 1994/1696, reg. 52 (with reg. 68(3))

Valid from 01/07/1994

[96DF22Meanings of 'manager’ and 'chief executive’.U.K.

(1)In this Act 'manager’—

(a)in relation to a UK company, means any person (other than an employee of the company) appointed by the company to manage any part of its business, or any employee of the company (other than a chief executive) who, under the immediate authority of a director or chief executive of the company—

(i)exercises managerial functions, or is responsible for maintaining accounts or other records of the company; and

(ii)is not a person whose functions relate exclusively to business conducted from a place of business which is not in a member State;

(b)in relation to an insurance company which is not a UK company, means an employee of the company (other than a chief executive) who, under the immediate authority of a director or chief executive of the company—

(i)exercises managerial functions, or is responsible for maintaining accounts or other records of the company; and

(ii)is not a person whose functions relate exclusively to business conducted from a place of business outside the United Kingdom.

(2)In this Act 'chief executive’, in relation to an insurance company or body corporate, means an employee of that company or body corporate, who, either alone or jointly with others, is responsible under the immediate authority of the directors for the conduct of the whole of the insurance business of that company or body corporate.]

Textual Amendments

F22S. 96D inserted (1.7.1994) by S.I. 1994/1696, reg. 53

Valid from 01/07/1994

[96EF23Meaning of 'main agent’.U.K.

(1)In this Act 'main agent’—

(a)in relation to a UK company, means a person appointed by the company to be its agent in respect of general business in one or more member States, with authority to enter into contracts on behalf of the company in any financial year—

(i)without limit on the aggregate amount of premiums; or

(ii)with a limit in excess of 10 per cent. of the premium limit as determined in accordance with subsections (3) to (6) below;

(b)in relation to an insurance company which is not a UK company, means, subject to such exceptions as may be prescribed, a person appointed by the company to be its agent in respect of general business in the United Kingdom, with authority to enter into contracts on behalf of the company in any financial year—

(i)without limit on the aggregate amount of premiums; or

(ii)with a limit in excess of 10 per cent. of that premium limit.

(2)A person shall not be regarded as falling within subsection (1)(a)(i) above in relation to a financial year unless—

(a)the company is of the opinion that the aggregate amount of premiums, on contracts entered into by him on behalf of the company in that year in respect of general business in the member State or States concerned, will be in excess of 10 per cent. of the premium limit as determined in accordance with subsections (3) to (6) below; or

(b)the aggregate amount of premiums, on contracts so entered into, actually is in excess of 10 per cent. of that premium limit.

(3)Subject to subsections (4) and (5) below, the premium limit for the purposes of this section is the aggregate of the amounts of gross premiums shown in the annual accounts relating to the company’s business last deposited under section 22 above as receivable in respect of general business in the financial year to which the accounts relate.

(4)If the accounts so deposited relate to a financial year which is not a period of 12 months, the aggregate of the amounts of gross premiums shown in the accounts as receivable in that financial year shall be divided by the number of months in that financial year and multiplied by twelve.

(5)If no accounts have been deposited under section 22 above the aggregate amount of gross premiums shall be the amount or, if more than one amount, the lower or lowest amount, shown in respect of gross premiums relating to the company’s business in the financial forecast last submitted by the company in accordance with regulations made for the purposes of section 5(1)(a) above.

(6)Any reference in subsection (3) or (5) above to the company’s business is, in the case of an insurance company which is not a UK company, a reference to its business in the United Kingdom.]

Textual Amendments

F23S. 96E inserted (1.7.1994) by S.I. 1994/1696, reg. 54

Valid from 01/07/1994

[96FF24Meaning of 'claims representative’.U.K.

(1)In this Act 'claims representative’, in relation to an insurance company and an EEA State, means a person who—

(a)has been designated as the company’s representative in that EEA State ('the EEA State concerned’); and

(b)satisfies the requirements mentioned in subsections (2) to (5) below.

(2)The claims representative must be authorised—

(a)to act on behalf of the company and to represent, or to instruct others to represent, the company in relation to any matters giving rise to relevant claims;

(b)to pay sums in settlement of relevant claims;

(c)to accept service on behalf of the company of proceedings in respect of relevant claims;

but the authority must not extend to the settlement of relevant claims.

(3)The claims representative must be authorised to represent the company in any proceedings or enquiry to establish the existence or validity of a policy issued by the company which covers or purports to cover relevant motor vehicle risks in the EEA State concerned.

(4)Without prejudice to subsection (2) above, the claims representative must not act on behalf of the company in the carrying on in the EEA State concerned of its general business (other than its reinsurance business, if any).

(5)The claims representative must—

(a)in the case of an individual, be resident in the EEA State concerned;

(b)in the case of a corporation, have a place of business in that EEA State.

(6)In this section 'relevant claim’ means any claim which may be made against a policy issued by the company to the extent that it covers relevant motor vehicle risks situated in the EEA State concerned, whether or not submitted to the company and whether by a policy holder or by a third party having rights of action against the company or a policy holder or by both.]

Textual Amendments

F24S. 96F inserted (1.7.1994) by S.I. 1994/1696, reg. 55

SupplementaryU.K.

97 Regulations and orders.U.K.

(1)The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made thereunder.

(2)Regulations under this Act may make different provision for cases of different descriptions.

(3)Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(4)Any statutory instrument containing regulations under this Act [F25, except regulations under section 21A(3),] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

98 Annual report by Secretary of State.U.K.

The Secretary of State shall cause a general annual report of matters within this Act to be laid before Parliament.

99 Savings, transitionals, consequential amendments and repeals.U.K.

(1)The saving and transitional provisions specified in Schedule 4 to this Act shall have effect.

(2)The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of that Act.

(3)The enactments mentioned Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C3S. 99(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

100 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Insurance Companies Act 1982.

(2)Subject to Schedule 4 to this Act, this Act shall come into force at the expiration of the period of three months beginning with the date on which it is passed.

(3)This Act F26 extends to Northern Ireland.