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Insurance Companies Act 1982 (repealed)

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Changes over time for: Paragraph 10

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Version Superseded: 01/12/2001

Alternative versions:

Status:

Point in time view as at 05/01/1998. This version of this provision has been superseded. Help about Status

Changes to legislation:

Insurance Companies Act 1982 (repealed), Paragraph 10 is up to date with all changes known to be in force on or before 27 November 2024.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. Help about Changes to Legislation

[10(1)Subject to paragraph 9(2) above, an instrument giving effect to a transfer approved by the [F2Treasury] under this Part of this Schedule shall be effectual in law—

(a)to transfer to the transferee all the transferor’s rights and obligations under the policies included in the instrument, and

(b)if the instrument so provides, to secure the continuation by or against the transferee of any legal proceedings by or against the transferor which relate to those rights or obligations, notwithstanding the absence of any agreements or consents which would otherwise be necessary for it to be effectual in law for those purposes.

(2)Where the transferor is a UK or non-EC company, it is immaterial for the purposes of sub-paragraph (1) above that the law applicable to any of the contracts of direct insurance included in the transfer is the law of an EEA State other than the United Kingdom.

(3)Except in so far as the [F2Treasury] may otherwise direct, a policy holder whose policy is included in such an instrument shall not be bound by it unless he has been given written notice of its execution by the transferor or the transferee.]

Textual Amendments

F2Words in Sch. 2C para. 10 substituted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 59 (with art. 7)

Modifications etc. (not altering text)

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