S. 75(1) substituted (1.7.1994) by S.I. 1994/1696, reg. 9(1)
Words in s. 75(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 43(g) (with art. 7)
Words in s. 75(5) inserted (20.5.1993) by S.I. 1993/1327, reg. 2(2)
S. 75(5A)(5B)(5C) inserted (20.5.1993) by S.I. 1993/1327, reg. 2(3)
S. 75(5B)(a) substituted (1.7.1994) by S.I. 1994/1696, reg. 9(2)
S. 75(3): power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 49
Subject to subsections (5) and (5A) below, unless the requirements of subsection (1A) below are fulfilled—
no insurance company which is authorised under section 3 or 4 above, no EC company and no member of Lloyd’s shall enter into a contract the effecting of which constitutes the carrying on of long term business in the United Kingdom; and
no UK, EC or EFTA company and no member of Lloyd’s shall enter into a contract the effecting of which constitutes the provision of long term insurance in the United Kingdom.
The requirements of this subsection are that—
the company or member (“the insurer”) sends by post to the other party to the contract, at or before the time when it is entered into, a statutory notice in relation to the contract; or
in the case of an EC contract, a representative of the insurer gives such a notice to that party at that time.
Where, in the case of an EC contract, a statutory notice is sent to the other party to the contract before the time when it is entered into, the insurer shall, not later than 14 days after the contract has become binding, inform that party in writing that it has done so.
For the purposes of this section a statutory notice is a notice which—
contains such matters (and no others) and is in such form as may be prescribed for the purposes of this section and complies with such requirements (whether as to type, size, colour or disposition of lettering, quality or colour of paper, or otherwise) as may be prescribed for securing that the notice is easily legible; and
has annexed to it a form of notice of cancellation of the prescribed description for use under section 76 below.
The
Any insurer who contravenes this section shall be guilty of an offence but, without prejudice to section 76(2) below, no contract shall be invalidated by reason of the fact that the insurer has contravened this section in relation to that contract.
the insurer is a company whose head office is in a member State or a member of Lloyd’s; and
the other party is habitually resident in the United Kingdom;
and “non-EC contract” means a contract to which subsection (1) above applies which is not an EC contract.
Subsection (1) of this section does not apply to
Subsection (1) of this section does not apply to a contract if the party other than the insurer is habitually resident in a member State other than the United Kingdom.
For the purposes of this section and section 76 below, “EC contract” means a contract to which subsection (1) above applies which fulfils the following conditions, namely—
the insurer is a UK, EC or EFTA company or a member of Lloyd’s;
the other party is habitually resident in the United Kingdom;
and “non-EC contract” means a contract to which subsection (1) above applies which is not an EC contract.
In the case of a contract involving two or more parties other than the insurer, this section and section 76 below shall have effect as if a separate contract were being or had been entered into by the insurer with each of those parties.
In sections 76 and 77 below “