SCHEDULES
F6SCHEDULE 17 Amendments of Policyholders Protection Act 1975
18
1
Section 32 (interpretation) shall be amended as follows.
2
In subsection (1), at the appropriate places in alphabetical order, there shall be inserted the following definitions—
F1. . .
“closing society” has the meaning given by section 5A(3) above;
“the Commission” means the Friendly Societies Commission;
“friendly society” has the same meaning as in the Friendly Societies Act 1992;
“incorporated friendly society” means a friendly society incorporated under the Friendly Societies Act 1992;
“qualifying society” is to be construed in accordance with section 3A(2) above;.
F23
In subsection (2), for “subsection (2ZA)" there shall be substituted “subsections (2ZA) to (2ZC)".
4
After F3subsection (2ZA) there shall be inserted the following subsections—
F42ZB
Any reference to a policy holder in this Act is to be construed, in the application of this Act to friendly societies, as a reference to a person who has entered into a contract of insurance with that society.
F42ZC
References in this Act to insurance business of any class are references, in the application of this Act to friendly societies, to insurance business of a class specified in head A or head B of Schedule 2 to the Friendly Societies Act 1992.
F54A
In subsection (2A), in paragraph (c)—
a
after “policies" there shall be inserted “, or contracts,", and
b
at the end there shall be inserted “, or entered into the contract".
4B
In subsection (2B), after “policy", in both places, there shall be inserted “or contract".
5
After subsection (4) there shall be inserted the following subsection—
4A
For the purposes of this Act, a liability of a closing society towards a member arising otherwise than under the terms of the member’s contract with the society shall be treated as a liability under the terms of the contract if the liability of the society arises from any failure on the part of the society to perform an obligation under the contract to provide any services or facilities on the occurrence of any event to which the risk under the contract relates.
SCHEDULE 17 Amendments of Policyholders Protection Act 1975
18
1
Section 32 (interpretation) shall be amended as follows.
2
In subsection (1), at the appropriate places in alphabetical order, there shall be inserted the following definitions—
F1. . .
“closing society” has the meaning given by section 5A(3) above;
“the Commission” means the Friendly Societies Commission;
“friendly society” has the same meaning as in the Friendly Societies Act 1992;
“incorporated friendly society” means a friendly society incorporated under the Friendly Societies Act 1992;
“qualifying society” is to be construed in accordance with section 3A(2) above;.
3
In subsection (2), for “subsection (2ZA)" there shall be substituted “subsections (2ZA) to (2ZC)".
4
After subsection (2ZA) there shall be inserted the following subsections—
2ZB
Any reference to a policy holder in this Act is to be construed, in the application of this Act to friendly societies, as a reference to a person who has entered into a contract of insurance with that society.
2ZC
References in this Act to insurance business of any class are references, in the application of this Act to friendly societies, to insurance business of a class specified in head A or head B of Schedule 2 to the Friendly Societies Act 1992.
4A
In subsection (2A), in paragraph (c)—
a
after “policies" there shall be inserted “, or contracts,", and
b
at the end there shall be inserted “, or entered into the contract".
4B
In subsection (2B), after “policy", in both places, there shall be inserted “or contract".
5
After subsection (4) there shall be inserted the following subsection—
4A
For the purposes of this Act, a liability of a closing society towards a member arising otherwise than under the terms of the member’s contract with the society shall be treated as a liability under the terms of the contract if the liability of the society arises from any failure on the part of the society to perform an obligation under the contract to provide any services or facilities on the occurrence of any event to which the risk under the contract relates.
Schs. 17-19 shall cease to have effect (17.8.2001 for specified purposes and otherwiseprosp.) by virtue of S.I. 2001/2617, arts. 2(a), 8(1), 13(1), Sch. 3 para. 130 (with art. 13(3), Sch. 5) and are repealed (prosp.) by S.I. 2001/2617, arts. 2(b), 13(2), Sch. 4 (with art. 13(3), Sch. 5)