SCHEDULES
F12SCHEDULE A1Administration under relevant sectoral legislation
For the purposes of section 6(4B)—
a
a body is in administration under relevant sectoral legislation if the appointment of an administrator of the body under an enactment listed below has effect, and
b
the body does not cease to be in administration merely because an administrator vacates office (by reason of resignation, death or otherwise) or is removed from office.
List of Enactments
Aviation
Chapter 1 of Part 1 of the Transport Act 2000
Energy
Chapter 3 of Part 3 of the Energy Act 2004
Chapter 5 of Part 2 of the Energy Act 2011
Part 2 of the Energy Act (Northern Ireland) 2011 (c.6 (N.I.))
Financial Services
Part 2 of the Insolvency Act 1986 (as it has effect by virtue of section 249 of the Enterprise Act 2002), as applied by Schedule 15A to the Building Societies Act 1986
Part 3 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I.19)) (as it has effect by virtue of article 4 of the Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I.10))), as applied by Schedule 15A to the Building Societies Act 1986
Part 3 of the Banking Act 2009
Investment Bank Special Administration Regulations 2011 (S.I. 2011/245)
Part 6 of the Financial Services (Banking Reform) Act 2013
Postal Services
Part 4 of the Postal Services Act 2011
Railways
Part 1 of the Railways Act 1993
Chapter 7 of Part 4 of the Greater London Authority Act 1999
Water and sewerage
Chapter 2 of Part 2 of the Water Industry Act 1991
Chapter 2 of Part 3 of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21))
SCHEDULE 1Information and disclosure for third parties
Notices requesting information
I11
1
If a person (A) reasonably believes that—
a
another person (B) has incurred a liability to A, and
b
B is a relevant person,
A may, by notice in writing, request from B such information falling within sub-paragraph (3) as the notice specifies.
2
If a person (A) reasonably believes that—
a
a liability has been incurred to A,
b
the person who incurred the liability is insured against it under a contract of insurance,
c
rights of that person under the contract have been transferred to A under section 1, and
d
there is a person (C) who is able to provide information falling within sub-paragraph (3),
A may, by notice in writing, request from C such information falling within that sub-paragraph as the notice specifies.
3
The following is the information that falls within this sub-paragraph—
a
whether there is a contract of insurance that covers the supposed liability or might reasonably be regarded as covering it;
b
if there is such a contract—
i
who the insurer is;
ii
what the terms of the contract are;
iii
whether the insured has been informed that the insurer has claimed not to be liable under the contract in respect of the supposed liability;
iv
whether there are or have been any proceedings between the insurer and the insured in respect of the supposed liability and, if so, relevant details of those proceedings;
v
in a case where the contract sets a limit on the fund available to meet claims in respect of the supposed liability and other liabilities, how much of it (if any) has been paid out in respect of other liabilities;
vi
whether there is a fixed charge to which any sums paid out under the contract in respect of the supposed liability would be subject.
4
For the purpose of sub-paragraph (3)(b)(iv), relevant details of proceedings are—
a
in the case of court proceedings—
i
the name of the court;
ii
the case number;
iii
the contents of all documents served in the proceedings in accordance with rules of court or orders made in the proceedings, and the contents of any such orders;
b
in the case of arbitral proceedings or, in Scotland, an arbitration—
i
the name of the arbitrator;
ii
information corresponding with that mentioned in paragraph (a)(iii).
5
In sub-paragraph (3)(b)(vi), in its application to Scotland, “fixed charge” means a fixed security within the meaning given by section 47(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 (asp 3).
6
A notice given by a person under this paragraph must include particulars of the facts on which that person relies as entitlement to give the notice.
Provision of information where notice given under paragraph 1
I22
1
A person (R) who receives a notice under paragraph 1 must, within the period of 28 days beginning with the day of receipt of the notice—
a
provide to the person who gave the notice any information specified in it that R is able to provide;
b
in relation to any such information that R is not able to provide, notify that person why R is not able to provide it.
2
Where—
a
a person (R) receives a notice under paragraph 1,
b
there is information specified in the notice that R is not able to provide because it is contained in a document that is not in R's control,
c
the document was at one time in R's control, and
d
R knows or believes that it is now in another person's control,
R must, within the period of 28 days beginning with the day of receipt of the notice, provide the person who gave the notice with whatever particulars R can as to the nature of the information and the identity of that other person.
3
If R fails to comply with a duty imposed on R by this paragraph, the person who gave R the notice may apply to court for an order requiring R to comply with the duty.
4
No duty arises by virtue of this paragraph in respect of information as to which a claim to legal professional privilege or, in Scotland, to confidentiality as between client and professional legal adviser could be maintained in legal proceedings.
Notices requiring disclosure: F1bodies that have been dissolved
Words in Sch. 1 para. 3 heading substituted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 6(6)
I33
1
If—
a
a person (P) has started proceedings under this Act against an insurer in respect of a liability F8...
F7b
P claims the liability has been incurred to P by—
i
a body corporate, or
ii
an unincorporated body other than a partnership, and
c
the body has been dissolved,
P may by notice in writing require a person to whom sub-paragraph (2) applies to disclose to P any documents that are relevant to that liability.
2
This sub-paragraph applies to a person if—
a
immediately before the time of the alleged transfer under section 1, that person was an officer or employee of the body, or
b
immediately before the body F9was dissolved (or, if it has been dissolved more than once, immediately before it was last dissolved), that person was—
i
acting as an insolvency practitioner in relation to the body (within the meaning given by section 388(1) of the Insolvency Act 1986 or Article 3 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 N.I. 19)), or
ii
acting as the official receiver in relation to the winding up of the body.
3
A notice under this paragraph must be accompanied by—
a
a copy of the particulars of claim required to be served in connection with the proceedings mentioned in sub-paragraph (1), or
b
where those proceedings are arbitral proceedings, the particulars of claim that would be required to be so served if they were court proceedings.
F104
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F105
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F116
For the purposes of this paragraph—
a
“dissolved” means dissolved under the law of England and Wales, Scotland or Northern Ireland (whether or not by a process referred to as dissolution), and
b
a body has been dissolved even if, since it was dissolved, something has happened which has the effect that (but for this paragraph) the body is treated as not having been dissolved or as no longer being dissolved.
Disclosure and inspection where notice given under paragraph 3
I44
1
Subject to the provisions of this paragraph and to any necessary modifications—
a
the duties of disclosure of a person who receives a notice under paragraph 3, and
b
the rights of inspection of the person giving the notice,
are the same as the corresponding duties and rights under Civil Procedure Rules of parties to court proceedings in which an order for standard disclosure has been made.
2
In sub-paragraph (1), in its application to Northern Ireland—
a
the reference to Civil Procedure Rules is—
i
in the case of proceedings in the High Court, to be read as a reference to the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346), and
ii
in the case of proceedings in the county court, to be read as a reference to the County Court Rules (Northern Ireland) 1981 (S.R. 1981 No. 225), and
b
the reference to an order for standard disclosure is to be read as a reference to an order for discovery.
3
A person who by virtue of sub-paragraph (1) or (2) has to serve a list of documents must do so within the period of 28 days beginning with the day of receipt of the notice.
4
A person who has received a notice under paragraph 3 and has served a list of documents in response to it is not under a duty of disclosure by reason of that notice in relation to documents that the person did not have when the list was served.
Avoidance
I55
A contract of insurance is of no effect in so far as it purports, whether directly or indirectly—
a
to avoid or terminate the contract or alter the rights of the parties under it in the event of a person providing information, or giving disclosure, that the person is required to provide or give by virtue of a notice under paragraph 1 or 3, or
b
otherwise to prohibit, prevent or restrict a person from providing such information or giving such disclosure.
Other rights to information etc
I66
Rights to information, or to inspection of documents, that a person has by virtue of paragraph 1 or 3 are in addition to any such rights as the person has apart from that paragraph.
Interpretation
I77
For the purposes of this Schedule—
a
a person is able to provide information only if—
i
that person can obtain it without undue difficulty from a document that is in that person's control, or
ii
where that person is an individual, the information is within that person's knowledge;
b
a document is in a person's control if it is in that person's possession or if that person has a right to possession of it or to inspect or take copies of it.
SCHEDULE 2Amendments
Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))
I81
In Article 100 of the Road Traffic (Northern Ireland) Order 1981 (bankruptcy etc of insured persons not to affect certain claims by third-parties)—
a
for “such event as is mentioned in section 1(1) of the Third Parties (Rights against Insurers) Act (Northern Ireland) 1930” substitute “
event which results in that person being a relevant person for the purposes of the Third Parties (Rights against Insurers) Act 2010
”
, and
b
for “the said Act of 1930” substitute “
that Act
”
.
Road Traffic Act 1988 (c. 52)
I92
In section 153 of the Road Traffic Act 1988 (bankruptcy etc of insured or secured persons not to affect claims by third parties)—
a
in subsection (1), for “any of the events mentioned in subsection (2) below” substitute “
an event which results in that person being a relevant person for the purposes of the Third Parties (Rights against Insurers) Act 2010
”
,
b
in that subsection, for “Third Parties (Rights against Insurers) Act 1930” substitute “
that Act
”
,
c
omit subsection (2), and
d
in subsection (3), for “Third Parties (Rights against Insurers) Act 1930” substitute “
Third Parties (Rights against Insurers) Act 2010
”
.
Merchant Shipping Act 1995 (c. 21)
I103
In section 165 of the Merchant Shipping Act 1995 (rights of third parties against insurers), in subsection (5), for “Third Parties (Rights against Insurers) Act 1930 and the Third Parties (Rights against Insurers) Act (Northern Ireland) 1930” substitute “
Third Parties (Rights against Insurers) Act 2010
”
.
Cross-Border Insolvency Regulations 2006 (S.I. 2006/1030)
I114
In paragraph 5 of Schedule 1 to the Cross-Border Insolvency Regulations 2006 (scope of Article 1), for “Third Parties (Rights against Insurers) Act 1930” substitute “
Third Parties (Rights against Insurers) Act 2010
”
.
Cross-Border Insolvency Regulations (Northern Ireland) 2007 (S.R. 2007/115)
I125
In paragraph 5 of Schedule 1 to the Cross-Border Insolvency Regulations (Northern Ireland) 2007 (scope of Article 1), for “Third Parties (Rights against Insurers) Act (Northern Ireland) 1930” substitute “
Third Parties (Rights against Insurers) Act 2010
”
.
SCHEDULE 3Transitory, transitional and saving provisions
F2Application of this Act
Sch. 3 para. 1 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(2)
I131
1
Section 1(1)(a) applies where the insured became a relevant person before, as well as when the insured becomes such a person on or after, commencement day.
2
Section 1(1)(b) applies where the liability was incurred before, as well as where it is incurred on or after, commencement day.
F3Relevant persons
Sch. 3 para. 1A and cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(3)
1A
1
An individual, company or limited liability partnership not within sections 4 to 7 is to be treated as a relevant person for the purposes of this Act in the following cases.
2
The first case is where an individual—
a
became bankrupt before commencement day, and
b
has not been discharged from that bankruptcy.
3
The second case is where—
a
an individual made a composition or arrangement with his or her creditors before commencement day, and
b
the composition or arrangement remains in force.
4
The third case is where—
a
a winding-up order was made, or a resolution for a voluntary winding-up was passed, with respect to a company or limited liability partnership before commencement day, and
b
the company or partnership is still wound up.
5
The fourth case is where a company or limited liability partnership—
a
entered administration before commencement day, and
b
is still in administration.
6
The fifth case is where—
a
a receiver or manager of the business or undertaking of a company or limited liability partnership was appointed before commencement day, and
b
the appointment remains in force.
7
In those cases, the person is a relevant person only in relation to liabilities under a contract of insurance under which the person was insured at the time of the event mentioned in sub-paragraph (2)(a), (3)(a), (4)(a), (5)(a) or (6)(a) (as appropriate).
F4 Bankruptcy and Diligence etc (Scotland) Act 2007
Sch. 3 para 2 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(4)
I142
Until the coming into force of section 47(1) of the Bankruptcy and Diligence etc (Scotland) Act 2007 (asp 3), the reference to that provision in paragraph 1(5) of Schedule 1 is to be read as a reference to section 486(1) of the Companies Act 1985.
F5Application of 1930 Acts
Sch. 3 para. 3 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(5)
I153
Despite its repeal by this Act, the Third Parties (Rights against Insurers) Act 1930 continues to apply in relation to—
a
cases where the event referred to in subsection (1) of section 1 of that Act and the incurring of the liability referred to in that subsection both happened before commencement day;
b
cases where the death of the deceased person referred to in subsection (2) of that section happened before that day.
I164
Despite its repeal by this Act, the Third Parties (Rights against Insurers) Act (Northern Ireland) 1930 continues to apply in relation to—
a
cases where the event referred to in subsection (1) of section 1 of that Act and the incurring of the liability referred to in that subsection both happened before commencement day;
b
cases where the death of the deceased person referred to in subsection (2) of that section happened before that day.
F6Interpretation
Sch. 3 para. 5 cross-heading inserted (1.8.2016 being the day appointed for the coming into force of 2010 c. 10 by S.I. 2016/550) by Insurance Act 2015 (c. 4), s. 23(3)(b), Sch. 2 para. 5(6)
I175
In this Schedule “commencement day” means the day on which this Act comes into force.
I18SCHEDULE 4Repeals and revocations
Sch. 4 in force at 1.8.2016 by S.I. 2016/550, art. 2
Title | Extent of repeal or revocation |
|---|---|
Third Parties (Rights Against Insurers) Act (Northern Ireland) 1930 (c. 19) | The whole Act. |
Third Parties (Rights against Insurers) Act 1930 (c. 25) | The whole Act. |
Insolvency Act 1985 (c. 65) | In Schedule 8, paragraph 7 and the cross heading preceding it. |
Bankruptcy (Scotland) Act 1985 (c. 66) | In Schedule 7, paragraph 6 and the cross heading preceding it. |
Insolvency Act 1986 (c. 45) | In Schedule 14, the entries relating to the Third Parties (Rights against Insurers) Act 1930. |
Road Traffic Act 1988 (c. 52) | Section 153(2). |
Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)) | In Schedule 9, paragraphs 63 to 65 and the cross heading preceding paragraph 63. |
Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090) | In Schedule 5, paragraph 2 and the cross heading preceding it. |
Enterprise Act 2002 (Insolvency) Order 2003 (S.I. 2003/2096) | In the Schedule, paragraphs 1 to 3 and the cross heading preceding paragraph 1. |
Limited Liability Partnership Regulations (Northern Ireland) 2004 (S.R. 2004 No. 307) | In Schedule 4, paragraph 2 and the cross heading preceding it. |
Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)) | In Schedule 2, paragraphs 2 to 4 and the cross heading preceding paragraph 2. |
Sch. A1 inserted (1.8.2016 immediately after 2010 c. 10 and 2015 c. 4, s. 20, Sch. 2 come into force by virtue of S.I. 2016/550) by The Third Parties (Rights against Insurers) Regulations 2016 (S.I. 2016/570), regs. 1(1), 3(2)