Part XV The Financial Services Compensation Scheme

Provisions of the scheme

216 Continuity of long-term insurance policies.

(1)

The compensation scheme may, in particular, include provision requiring the scheme manager to make arrangements for securing continuity of insurance for policyholders, or policyholders of a specified class, of relevant long-term insurers.

(2)

“Relevant long-term insurers” means relevant persons who—

(a)

have permission to effect or carry out contracts of long-term insurance; and

(b)

are unable, or likely to be unable, to satisfy claims made against them.

(3)

The scheme may provide for the scheme manager to take such measures as appear to him to be appropriate—

(a)

for securing or facilitating the transfer of a relevant long-term insurer’s business so far as it consists of the carrying out of contracts of long-term insurance, or of any part of that business, to another authorised person;

(b)

for securing the issue by another authorised person to the policyholders concerned of policies in substitution for their existing policies.

(4)

The scheme may also provide for the scheme manager to make payments to the policyholders concerned—

(a)

during any period while he is seeking to make arrangements mentioned in subsection (1);

(b)

if it appears to him that it is not reasonably practicable to make such arrangements.

(5)

A provision of the scheme made by virtue of section 213(3)(b) may include power to impose levies for the purpose of meeting expenses of the scheme manager incurred in—

(a)

taking measures as a result of any provision of the scheme made by virtue of subsection (3);

(b)

making payments as a result of any such provision made by virtue of subsection (4).