Health Insurance (Miscellaneous Provisions) Act 2009

(i) the authorised insurer is not required to deliver the first-mentioned statement, and

(ii) the successor shall—

(I) if the successor is, apart from this subsection, required to deliver a statement (in this subsection referred to as the ‘second-mentioned statement’ ) pursuant to subsection (2) (including any case where the successor is so required by virtue of the prior operation of this subsection) in respect of the same accounting period but has not done so before that acquisition, include in that second-mentioned statement the number of insured persons that would have been required to have been shown in the first-mentioned statement had the authorised insurer not ceased to carry on the business concerned,

(II) if subparagraph (I) is not applicable, deliver the first-mentioned statement as if the successor were the authorised insurer.

(8) The delivery of any statement required by subsection (2) may be enforced by the Commissioners under section 47 of the Succession Duty Act 1853 in all respects as if such statement were such account as is mentioned in that section and the failure to deliver such statement were such default as is mentioned in that section.

(9) The stamp duty, interest and any penalty payable under this section shall not be allowed as a deduction for the purposes of the computation of any tax or duty payable by the authorised insurer which is under the care and management of the Commissioners.

(10) Where an insured person, being the individual referred to in the definition of ‘ insured person ’, shows to the satisfaction of an authorised insurer (in this subsection referred to as the ‘ second authorised insurer ’) that another authorised insurer (in this subsection referred to the ‘ first authorised insurer ’) with whom that individual renewed, or entered into, a relevant contract during an accounting period, was required to include that insured person in a statement to be delivered pursuant to subsection (2) to the Commissioners in respect of the same accounting period, then the second authorised insurer, with whom the individual entered into a later relevant contract during the same accounting period, may exclude such insured person from the statement to be delivered pursuant to subsection (2) to the Commissioners by the second authorised insurer in respect of the same accounting period.

(11) Where an insured person, being an insured person under a relevant contract who is not the individual referred to in the definition of ‘ insured person ’ in relation to the relevant contract concerned, shows to the satisfaction of an authorised insurer (in this subsection referred to as the ‘ second authorised insurer ’) that another authorised insurer (in this subsection referred to as the ‘ first authorised insurer ’) with whom that person was an insured person named on a relevant contract renewed, or entered into, by an individual referred to in the definition of ‘insured person’ during an accounting period, was required to include that insured person in a statement to be delivered pursuant to subsection (2) to the Commissioners for the same accounting period, then the second authorised insurer, with whom the insured person entered into a relevant contract during the same accounting period, may exclude such insured person from the statement to be delivered pursuant to subsection (2) to the Commissioners by the second authorised insurer in respect of the same accounting period.

(12) Section 126B shall apply to a statement referred to in subsection (2) as if a reference to this section were included in the definition of ‘ specified section ’ in subsection (1) of that section.

(13) Where—

(a) a relevant contract is renewed or entered into by an individual referred to in the definition of ‘ insured person ’ during an accounting period (in this subsection referred to as the ‘ initial accounting period ’), and

(b) the relevant contract is for a period of more than 12 months,

then, without prejudice to the treatment to be accorded to the relevant contract and the initial accounting period by subsection (2), the relevant contract shall be deemed, for the purposes of this section, to be renewed during—

(i) the accounting period which immediately succeeds the initial accounting period if the second 12 months, or lesser period, of the relevant contract commences during such immediately succeeding accounting period, and

(ii) each further accounting period where any subsequent 12 months, or lesser period, of the relevant contract commences during such further accounting period.”.

PART 5 AMENDMENT OF INSURANCE ACT 1936

27. Amendment of section 3 of Insurance Act 1936.

27.— Section 3 of the Insurance Act 1936 is amended by substituting the following definition for the definition of “ premium ”:

“the word ‘ premium ’ means any money or money’s worth payable or paid to any person who carries on an assurance business and who in consideration of such money or money’s worth undertakes any liability under any policy, bond or certificate, except that, for the purposes of—

(a) calculating the solvency measures of such business (including any solvency margin or solvency ratio thereof), or

(b) computing such a person’s profits for an accounting period for the purposes of corporation tax within the meaning of the Taxes Consolidation Act 1997,

such word does not include money or money’s worth of an amount equal to the amount payable or paid by such a person in respect of a stamp duty under section 125A of the Stamp Duties Consolidation Act 1999;”.