SCHEDULES
F1 [SCHEDULE 13B TO 1992 ACT] RECOGNITION IN OTHER EEA STATES OF FRIENDLY SOCIETIES TO WHICH SECTION 37(2) OR (3) APPLIES
PART IV SUPPLEMENTAL
Offences
12
1
A friendly society to which section 37(2) or (3) above applies commits an offence if–
a
it carries on insurance business in a member State other than the United Kingdom in contravention of paragraph 1 above;
b
in contravention of paragraph 2 or 3 above, it changes the requisite EC details or, as the case may be, the requisite UK details of an overseas branch established by it in such a member State;
c
it provides insurance in such a member State in contravention of paragraph 5 above;
d
in contravention of paragraph 6 above, it changes the requisite details relating to the provision of insurance in such a member State; or
e
it makes default in complying with, or with a requirement imposed under, any other provision of this Schedule.
2
A person commits an offence if he causes or permits to be included in a notification sent to the Commission under paragraph 1, 2, 3, 5 or 6 above a statement which he knows to be false in a material particular or recklessly causes or permits to be so included a statement which is false in a material particular.
3
A person committing an offence under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Interpretation
13
1
In this Schedule–
a
references in Part I to the provision of insurance in a member State other than the United Kingdom are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in that member State through an establishment in another member State;
b
references in Part II to the provision of insurance in an EFTA State are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in that EFTA State through an establishment in another EEA State;
c
references in Part III to the provision of insurance in the United Kingdom are references to the covering (otherwise than by way of reinsurance) of a risk or commitment situated in the United Kingdom–
i
through an establishment in another member State; or
ii
through an establishment in an EFTA State.
2
In sub–paragraph (1)(b) and (c)(ii) above–
a
references to a risk are references to a risk falling within head B of Schedule 2 to this Act (general business), other than class 1, so far as it relates to accidents at work; and
b
references to a commitment are references to a commitment falling within head A of Schedule 2 to this Act (long term business), other than class VII.
3
In this Schedule “health insurance risks", in relation to a member State, means risks falling within class 2 of Schedule 2 to this Act (sickness) where–
a
insurance contracts covering those risks serve as a partial or complete alternative to the health cover provided by the statutory social security system in that State; and
b
the law of that State requires such contracts to be operated on a technical basis similar to life assurance in accordance with all the conditions listed in the first sub–paragraph of Article 54(2) of the third general insurance Directive.
Sch. 13B inserted (1.9.1994) by S.I. 1994/1984 reg. 15(2), Sch. 2