Insurance Companies Act 1982 (repealed)

59 Winding up rules. U.K.

(1) Rules may be made under [F1 section][F2 411 of the Insolvency Act 1986] or F3 [F4 Article 613] of the [F4 Companies (Northern Ireland) Order 1986][F3 Article 359 of the Insolvency (Northern Ireland) Order 1989] (general rules about winding up) for determining the amount of the liabilities of an insurance company to policy holders of any class or description for the purpose of proof in a winding up and generally for carrying into effect the provisions of this Part of this Act with respect to the winding up of insurance companies.

(2) Without prejudice to the generality of subsection (1) above, rules under [F5 section][F6 411 of the Insolvency Act 1986] or, as the case may be, [F7 Article 613 of the said Order of 1986][F7 Article 359 of the said Order of 1989] may make provision for all or any of the following matters—

(a) the identification of the assets and liabilities falling within either paragraph of subsection (3) of section 55 above;

(b) the apportionment between the assets falling within paragraphs (a) and (b) of that subsection of the costs, charges and expenses of the winding up and of any debts of the company having priority under [F6 sections 175 and 176 of, and Schedule 6 to, the Insolvency Act 1986], or, as the case may be, [F8 Article 570 of, and Schedule 18 to, the Companies (Northern Ireland) Order 1986][F8 Articles 149 and 150 of, and Schedule 4 to, the Insolvency (Northern Ireland) Order 1989];

(c) the determination of the amount of liabilities of any description falling within either paragraph of that subsection for the purpose of establishing whether or not there is any such excess in respect of that paragraph as is mentioned in subsection (4) of section 55 above;

(d) the application of assets within paragraph (a) of the said subsection (3) for meeting the liabilities within that paragraph;

(e) the application of assets representing any such excess as is mentioned in the said subsection (4).

Textual Amendments

F1 Word substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 37(4)(a)

F2 Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

F3 Words “Article" to “1989" substituted (prosp.) for wordsArticle to1986 by S.I. 1989/2405 (N.I. 19), arts. 1(2), 381(2), Sch. 9 para. 37(a)

F4 Words substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II

F5 Word substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 37(4)(b)

F6 Words substituted by Insolvency Act 1986 (c. 45, SIF 66), s. 439(2), Sch. 14

F7 Words “Article" to “1989" substituted (prosp.) for words “Article" to “1986" by S.I. 1989/2405 (N.I. 19), arts. 1(2), 381(2), Sch. 9 para. 37(b)(i) (which latter words were substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II)

F8 Words “Article" to “1989" substituted (prosp.) for words “Article" to “1986" by S.I. 1989/2405 (N.I. 19), arts. 1(2), 381(2), Sch. 9 para. 37(b)(ii) (which latter words were substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II)