Point in time view as at 23/04/2019.
The Insurers (Reorganisation and Winding Up) Regulations 2004, Section 19 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
19.—(1) For the purposes of this Part, the insolvent estate of a UK insurer shall not include any assets which at the commencement date are subject to [F2a relevant compromise or arrangement].
(2) In this regulation—
(a)“assets” has the same meaning as “property” in section 436 of the 1986 Act or Article 2(2) of the 1989 Order;
(b)“commencement date” has the meaning given in [F3regulation 18(5)];
(c)“insolvent estate”—
(i)in England, Wales and Northern Ireland has the meaning given by [F4rule 1.2] of the Insolvency Rules or Rule 0.2 of the Insolvency Rules (Northern Ireland), and
(ii)in Scotland means the company’s assets;
[F5(d)“relevant compromise or arrangement” means—
(i)a compromise or arrangement sanctioned by the court in relation to a UK insurer before 20th April 2003 under—
(aa)section 425 of the Companies Act 1985 (excluding a compromise or arrangement falling within section 427 or 427A of that Act), or
(bb)Article 418 of the Companies (Northern Ireland) Order 1986 (excluding a compromise or arrangement falling within Article 420 or 420A of that Order); or
(ii)any subsequent compromise or arrangement sanctioned by the court to amend or replace a compromise or arrangement of a kind mentioned in paragraph (i) which is—
(aa)itself of a kind mentioned in sub-paragraph (aa) or (bb) of paragraph (i) (whether sanctioned before, on or after 20th April 2003), or
(bb)a section 899 compromise or arrangement.]
Textual Amendments
F1Words in reg. 19 heading substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 23(5)
F2Words in reg. 19(1) substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 23(6)(a)
F3Words in reg. 19(2)(b) substituted (10.8.2005) by The Insurers (Reorganisation and Winding Up) (Lloyd's) Regulations 2005 (S.I. 2005/1998), regs. 1, 49 (with reg. 32)
F4Words in reg. 19(2)(c)(i) substituted (23.4.2019) by The Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019 (S.I. 2019/755), regs. 1, 4(6)
F5Reg. 19(2)(d) substituted (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), arts. 1(2), 23(6)(b)
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