1(1)For the purposes of section 111(2) the appropriate certificates, in relation to an insurance business transfer scheme, are—U.K.
(a)a certificate under paragraph 2;
(b)if sub-paragraph (2) applies, a certificate under paragraph 3;
[F1(ba)if sub-paragraph (2A) applies, a certificate under paragraph 3A.]
(c)if sub-paragraph (3) applies, a certificate under paragraph 4;
(d)if sub-paragraph (4) applies, a certificate under paragraph 5[F2;
(e) if sub-paragraph (5) applies, the certificates under paragraph 5A.]
(2)This sub-paragraph applies if—
(a)[F3the transferor concerned] is a UK authorised person which has received authorisation under [F4Article 14 of the Solvency 2 Directive] from [F5the appropriate regulator]; and
(b)the establishment from which the business is to be transferred under the proposed insurance business transfer scheme is in an EEA State other than the United Kingdom.
[F6(2A)This sub-paragraph applies if—
(a)the transferor concerned is a UK authorised person which has received authorisation under Article 14 of the Solvency 2 Directive from the appropriate regulator; and
(b)as regards any policy which is included in the proposed transfer and which evidences a contract of insurance (other than reinsurance), the contract was concluded in an EEA State other than the United Kingdom.]
(3)This sub-paragraph applies if—
(a)[F3the transferor concerned] has received authorisation under [F7Article 162 of the Solvency 2 Directive] from [F5the appropriate regulator];
(b)the proposed transfer relates to business which consists of the effecting or carrying out of contracts of long-term insurance; and
(c)as regards any policy which is included in the proposed transfer and which evidences a contract of insurance (other than reinsurance), an EEA State other than the United Kingdom is the State of the commitment.
(4)This sub-paragraph applies if—
(a)[F3the transferor concerned] has received authorisation under [F8Article 162 of the Solvency 2 Directive] from [F5the appropriate regulator];
(b)the business to which the proposed insurance business transfer scheme relates is business which consists of the effecting or carrying out of contracts of general insurance; and
(c)as regards any policy which is included in the proposed transfer and which evidences a contract of insurance (other than reinsurance), the risk is situated in an EEA State other than the United Kingdom.
[F9(5)This sub-paragraph applies if—
[F10(a)the transferor concerned has received authorisation under Article 162 of the Solvency 2 Directive from the appropriate regulator; and
(b)the proposed transfer is to a branch or agency, in an EEA State other than the United Kingdom, authorised under that Article.]]
Textual Amendments
F1Sch. 12 para. 1(1)(ba) inserted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 18(2)(a)
F2Sch. 12 para. 1(1)(e) inserted (10.12.2007) by The Reinsurance Directive Regulations 2007 (S.I. 2007/3253), reg. 2(1), Sch. 1 para. 2(5)(a)
F3Words in Sch. 12 substituted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 1 para. 2; S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
F4Words in Sch. 12 para. 1(2) substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 18(2)(b)
F5Words in Sch. 12 para. 1 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 6 para. 10 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F6Sch. 12 para. 1(2A) inserted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 18(2)(c)
F7Words in Sch. 12 para. 1(3)(a) substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 18(2)(d)
F8Words in Sch. 12 para. 1(4)(a) substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 18(2)(e)
F9Sch. 12 para. 1(5) inserted (10.12.2007) by The Reinsurance Directive Regulations 2007 (S.I. 2007/3253), reg. 2(1), Sch. 1 para. 2(5)(d)
F10Sch. 12 para. 1(5)(a)(b) substituted (1.1.2016) by The Solvency 2 Regulations 2015 (S.I. 2015/575), reg. 1(2), Sch. 1 para. 18(2)(f)
Modifications etc. (not altering text)
C1Sch. 12 Pt. I para. 1(2)(a)(3)(a)(4)(a) modified (1.12.2001) by S.I. 2001/3626, arts. 1, 5(2)