S.I. No. 81/2025 - Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Consumer Protection) Regulations 2025

• (c) that irrespective of how the property on which the mortgage loan is secured is repossessed and disposed of, the personal consumer will remain liable for the outstanding debt, including any accrued interest, charges, legal, selling and other related costs, if this is the case.

Notification to be provided where engaging third party

274.

• (2) The regulated entity shall issue the notification referred to in paragraph (1) to the personal consumer prior to the third party making contact with the personal consumer.

Information to be provided where agreement on revised repayment arrangement

275.

• (a) all details of the revised repayment arrangement;

• (b) the data relating to the personal consumer’s arrears that will be shared with the Central Credit Register or a credit reference agency.

Reasons to be recorded and provided where revised repayment arrangement is rejected

276.

Communications policy on arrears to be in place and communications to reflect certain standards

277.

• (2) A regulated entity shall ensure that in its dealings with personal consumers in arrears, or those of a third party acting on the regulated entity’s behalf –

• (a) the extent of communications is proportionate, reasonable and not excessive taking into account the circumstances of the personal consumer,

• (b) communications with personal consumers are not aggressive, intimidating or harassing, and

• (c) personal consumers are given sufficient time to complete an action agreed with the regulated entity to which they have committed, before follow up communication is attempted.

Conditions for unsolicited personal visits to personal consumers in relation to arrears

278.

• (2) Before making an unsolicited personal visit for the purposes of paragraph (1), a regulated entity shall provide the personal consumer with at least 5 working days’ notice, in writing, of the regulated entity’s intention to make an unsolicited personal visit.

• (3) The notice referred to in paragraph (2) shall –

• (a) state the importance of engagement between the personal consumer and the regulated entity,

• (b) state the intention of the personal visit to discuss the personal consumer’s arrears and the steps to deal with the arrears,

• (c) state the timeframe within which the regulated entity intends to make the visit, not being a timeframe that exceeds the date that is 15 working days from the date of the notice,

• (d) where the regulated entity has a local branch, provide the contact details of that branch and offer to discuss the arrears at that branch, and

• (e) state that the personal consumer may wish to consider having a third party present when the personal visit takes place, if the personal consumer considers that this would be of assistance to the personal consumer.

• (4) Regulation 108(1) applies subject to this Regulation.

• (5) Paragraph (1) does not prevent a regulated entity from agreeing a further personal visit with the mortgage borrower in compliance with paragraphs (2) to (4) of Regulation 108.

• (6) This Regulation does not apply to an unsolicited personal visit with regard to a hire–purchase agreement or a consumer–hire agreement.

Further conditions for unsolicited contact with personal consumers in respect of arrears

279.

• (2) For the purposes of this Regulation, the 3 unsolicited communications do not include the following:

• (a) any communication where the telephone call is not answered, including where the response is an engaged tone, and there is no possibility of leaving a recorded message for subsequent playback by the recipient;

• (b) any communication that has been requested by, or agreed in advance with, the personal consumer;

• (c) any communication to the personal consumer the sole purpose of which is to comply with the requirements of these Regulations or other regulatory requirements.

Chapter 11 Arrears – debts in relation to high cost credit agreements

Interpretation (Chapter 11)

280.

“arrears” in relation to a high cost credit agreement means where a consumer has not made a full repayment of all outstanding amounts due, or only makes a partial repayment of any such amount, as set out in the original high cost credit agreement, by the scheduled due date;

“relevant Regulations” means the provisions of these Regulations which apply in accordance with Regulation 6 where a high cost credit provider is engaged in the activity of providing high cost credit.

• (2) In this Chapter, “consumer”, “high cost credit provider”, “high cost credit” and “high cost credit agreement” have the meaning given to them in section 2(1) of the Act of 1995.

Scope and application (Chapter 11)

281.

Consumer’s nominated third party to be liaised with

282.

• (2) For the avoidance of doubt, paragraph (1) does not prohibit a regulated entity from –

• (a) contacting a consumer directly in relation to matters other than the consumer’s arrears case;

• (b) issuing communications required by the relevant Regulations directly to the consumer.

Agreed approach on arrears to be sought

283.

Arrears handling

284.

• (2) A high cost credit provider shall advise a consumer of relevant debt counselling services, and the contact details for such services including the name and address of a local MABS office upon the sixth default or missed payment under a high cost credit agreement, whether consecutive or otherwise, during the currency of a high cost credit agreement.

• (3) Paragraph (2) does not apply to circumstances where –

• (a) a consumer is unable to make one or more repayments, in accordance with a high cost credit agreement under which repayments are paid by the consumer to the high cost credit provider or his or her representative at any place other than the business premises of the high cost credit provider or the business premises of the supplier of goods or services under the agreement, due to the consumer being unavailable to make the repayment at the usual time and location, where the consumer has contacted the high cost credit provider to re–arrange the repayment,

• (b) the high cost credit provider has agreed in writing to the variation of the repayment schedule with the consumer in advance of the repayment falling due, or

• (c) the consumer has already paid, by way of pre–payment or previous over–payment, the amount due on the missed payment date.

• (4) A high cost credit provider shall maintain a record of such agreement to vary a repayment schedule as referred to in paragraph (3)(b).

Debt collection

285.

Chapter 12 Debt Management Firms

Interpretation (Chapter 12)

286.

“insolvency option” means a Debt Relief Notice, Debt Settlement Arrangement, Personal Insolvency Arrangement or bankruptcy (each within the meaning of the Personal Insolvency Act 2012 (No. 44 of 2012));

“standard financial statement” means the document in the prescribed form referred to in Schedule 5, which complies with the requirements of that Schedule, and which a debt management firm shall use to obtain financial information from a consumer in order to complete a financial assessment.

Scope and application (Chapter 12)

287.

Information about debt management services

288.

Signed agreement to be obtained

289.

• (2) The agreement referred to in paragraph (1) shall contain terms that specify the following:

• (a) the debt management services that will be provided by the debt management firm;

• (b) a clear breakdown of charges payable for those debt management services;

• (c) when the charges will become payable and the manner in which they may be paid;

• (d) the estimated duration of the agreement;

• (e) whether or not the debt management firm is authorised to hold client funds and make payments on behalf of the consumer to the consumer’s creditors;

• (f) any charges that will be payable if the consumer terminates the agreement and when, and in what circumstances, those charges will become payable;

• (g) if the debt management firm receives a fee, commission, or other reward or remuneration from any person in respect of customer referrals;

• (h) if the debt management firm receives a fee, commission, or other reward or remuneration for the provision of information by the debt management firm to any person for identifying potential customers.

• (3) The agreement referred to in paragraph (1) shall include the following warning statement:

“Warning: You may still have debt outstanding after completing the debt management process.”

• (4) The agreement referred to in paragraph (1) shall be provided to the consumer on paper or on another durable medium.

No recommendations, arrangements or assistance for payment of fees or charges by way of credit

290.

• (a) recommend to a consumer a provider of credit,

• (b) arrange for the provision of credit to a consumer, or

• (c) assist a consumer in entering into a credit agreement,

for the purpose of the consumer paying fees or charges to the debt management firm for debt management services.

Information to be provided where proposed payment of fees or charges by way of credit

291.

No payment of fees, commissions (etc.) for customer referrals or identification

292.

No prevention or obstruction of consumer from directly communicating with free services or creditors

293.

• (a) providers of debt management services that are available free of charge, or

• (b) the consumer’s creditors.

No standard financial statement to be provided to creditors without prior written consent

294.

Standard financial statement to be used

295.

Certain specific matters to be assessed and recorded in assessing suitability

296.

• (a) whether the following options meet the consumer’s needs and objectives:

• (i) arrangements with creditors to apply reduced debt repayments for an interim period;

• (ii) arrangements with creditors to reschedule debt repayments, including reducing interest rates or extending debt repayments over a longer term;

• (iii) arrangements with creditors to restructure outstanding debt, including reducing or waiving the debt obligation;

• (iv) insolvency options;

• (b) whether the proposed course of action for the consumer is likely to be affordable and suitable for that consumer, taking into account the term of the arrangement and the consumer’s circumstances;

• (c) whether the course of action proposed by the debt management firm could impact on the consumer’s eligibility for, or ability to, pursue an insolvency option in the future.

Debt management arrangement to be in best interests of consumer

297.

Assessing suitability of transactions or series of transactions

298.

• (2) Where a determination in accordance with paragraph (1) has been made by the debt management firm, the debt management firm shall advise the consumer of that determination and shall advise the consumer not to proceed with the relevant transaction or series of transactions.

Non–application of certain requirements in respect of negotiation without advice

299.

• (a) has been appointed by the consumer in accordance with the agreement referred to in Regulation 289 for the purpose only of negotiating with that consumer’s creditors for the discharge of their debts, and

• (b) does not provide the consumer with debt management services within the meaning of paragraph (a) of the definition of “debt management services” in section 28(1) of the Act of 1997, or any similar activity to that activity as referred to in paragraph (c) of that definition except to the extent that this is solely in connection with the purpose referred to in paragraph (a).

Statement of advice to be prepared following suitability assessment

300.

• (2) A debt management firm shall include the following notice at the beginning of the statement of advice:

“Important Notice – Statement of Advice

This is an important document which sets out the reasons why the advice recommended is considered suitable, or the most suitable, for your particular needs, objectives and circumstances.”

• (3) The reasons set out in the statement of advice shall–

• (a) be based on information obtained in accordance with Regulation 16(1) to (8) and Regulation 295, and

• (b) detail the options available to the consumer, including a description of how these options operate and of the actual, or potential, legal, contractual and practical consequences for the consumer of pursuing such options.

• (4) The description of consequences referred to in paragraph (3)(b) shall include, where relevant, the following:

• (a) that the consumer is responsible for making payments to creditors;

• (b) that the consumer is responsible for undertaking the actions proposed and whether a third party may be engaged to assist the consumer in any of those actions;

• (c) if, because of the nature of the proposed course of action, third party assistance is recommended by the debt management firm and the likely cost of that engagement if known to the debt management firm;

• (d) that a creditor is not obliged to accept reduced repayments or, temporarily or otherwise, waive interest or charges;

• (e) that a creditor’s debt collection activities may continue even though a debt management firm has been engaged;

• (f) that if the consumer cancels payments to their creditors, they will be in breach of their agreement and their account will go into, or further into, arrears;

• (g) that reducing their debt repayments may mean it takes longer to pay off their creditors and they may pay more than if they made repayments over a shorter term;

• (h) that if the consumer is a property owner, they may be required to re–mortgage their property as part of any arrangement to discharge their debt obligations in whole or in part;

• (i) that if the circumstances in subparagraph (h) apply, the consumer’s ability to re–mortgage may be restricted and a mortgage may only be offered at an interest rate higher than their existing mortgage interest rate;

• (j) that if the consumer is a property owner, failure to make the negotiated payments under the proposed course of action to creditors could result in the consumer losing their home.

• (5) The statement of advice referred to in paragraph (1) shall include the following warning statement:

“Warning: Undertaking the proposed course of action may affect your credit report, which may limit your ability to access credit in the future.”

• (6)
• (a) The statement of advice referred to in paragraph (1) shall detail the following:

• (i) the monetary amount of any cost savings that may be achieved by the consumer when compared with the consumer’s existing expenditure as detailed in the information obtained in accordance with Regulation 16(1) to (8) and Regulation 295;

• (ii) if the proposed course of action will lead to an increase in the total cost of credit to the consumer under any credit agreement to which the consumer is a party;

• (iii) any additional fees or charges that may be incurred by the consumer in pursuing the proposed course of action, including those that will be charged by the debt management firm;

• (iv) any fee, commission or monetary benefit receivable by the debt management firm from a third party.

• (b) For the purposes of subparagraph (a)(i), a debt management firm shall not consider a reduction in debt repayments as constituting a cost saving where the total amount repayable in respect of that debt is increased or remains the same.

• (7) Where the debt management firm assesses that insolvency options are the most suitable course of action for the consumer, the debt management firm shall inform the consumer of how the consumer can obtain further information in connection with considering those options.

• (8) A debt management firm shall provide a signed and dated statement of advice to the consumer on paper or on another durable medium.

• (9) When providing the statement of advice referred to in paragraph (1), the debt management firm shall also provide to the consumer, on paper or on another durable medium, details of the charges payable to the debt management firm as of the date of that statement.

• (10) A debt management firm shall ensure that the notice referred to in paragraph (2) is–

• (a) presented in a prominent manner,

• (b) in a box,

• (c) in bold type, and

• (d) of a font size that is at least equal to the predominant font size used throughout the statement of advice.

Oral explanation to be provided of next steps in relation to statement of advice

301.

• (a) the steps that the consumer must take in order to undertake the proposed course of action, and

• (b) the matters referred to in Regulation 300(4)(b) and Regulation 300(4)(c).

Conditions to begin negotiations with creditors for discharge of debts

302.

• (a) a period of 5 working days has elapsed following the provision of the statement of advice to the consumer, and

• (b) the debt management firm has received the consumer’s consent to begin such actions and the terms upon which such actions will be conducted.

• (2) A debt management firm shall commence communicating with a consumer’s creditors in respect of negotiations within 3 working days following the date on which the conditions referred to in paragraph (1) are met.

• (3) Where Regulation 297 applies, the debt management firm shall commence communicating with the consumer’s creditors in respect of negotiations within 3 working days of the consumer providing the debt management firm with the information required in accordance with Regulation 16(1) to (8) and Regulation 295.

Notification to be provided of outcome of negotiations with each creditor

303.

• (2) Where in connection with negotiations with a creditor for the discharge of a consumer’s debt, a creditor has imposed a shorter timeframe for acceptance of a negotiated outcome than 3 working days, the notification referred to in paragraph (1) shall be provided as soon as reasonably practicable before the expiry of that timeframe.

• (3) The notification referred to in paragraph (1) shall–

• (a) where relevant, highlight any variations from the proposed course of action outlined in Regulation 300,

• (b) detail the reasons that the negotiated outcome is considered by the debt management firm to be suitable and affordable for that consumer, and

• (c) include details of the following:

• (i) the steps that the consumer must take in order to comply with the terms negotiated with a creditor and the timeline imposed by the creditor for complying with these steps;

• (ii) the circumstances in which the consumer can withdraw from the arrangements proposed under the negotiated outcome and the steps required to withdraw from those arrangements;

• (iii) any charges which may become payable by the consumer if, following acceptance of those arrangements, the consumer withdraws from those arrangements;

• (iv) any penalties that may be applied by the creditor if the consumer fails to meet the terms of the arrangements proposed under the negotiated outcome.

• (4) A debt management firm shall notify a consumer of the details of any creditor of the consumer that has declined to engage with the debt management firm within 3 working days of the creditor so declining.

No agreement to negotiated outcome for discharge of debts without prior written agreement of consumer

304.

• (2) A debt management firm shall keep a copy of the agreement referred to in paragraph (1).

Regular updates on status of negotiations to be provided

305.

• (2) The details referred to in paragraph (1) shall be provided until the provision of services in relation to negotiating with the consumer’s creditors has concluded.

Statement of activities and fees to be provided where services provided over more than 6 months

306.

• (2) The statement provided in accordance with paragraph (1) shall include the following in respect of the period to which that statement relates, where relevant:

• (a) details of the services provided and actions completed by the debt management firm;

• (b) fees charged by the debt management firm in accordance with the agreement between the consumer and the debt management firm required pursuant to Regulation 289.

Part 4 INSURANCE

Chapter 1 Preliminary

Interpretation (Part 4)

307.

“Act of 2019” means the Consumer Insurance Contracts Act 2019 (No. 53 of 2019);

“method of direct settlement” means a method of settlement whereby an insurance undertaking provides or arranges for a repair, replacement or reinstatement of property rather than paying a monetary sum in settlement of a claim;

“Personal Injuries Resolution Board” means the Personal Injuries Resolution Board established under the Personal Injuries Resolution Board Acts 2003 to 2022, or any successor thereto.

Chapter 2 Additional business requirements

Receipt to be provided – insurance intermediaries

308.

Chapter 3 Premium Handling

Non–application of chapter

309.

• (a) the State is not the insurance intermediary’s home Member State, and

• (b) responsibility for the requirements referred to in this Chapter is reserved to the insurance intermediary’s home Member State competent authority in accordance with Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016¹² .

• (2) In this Regulation, “home Member State” has the meaning given to it in Regulation 2 of the Insurance Distribution Regulations.

Client premium account

310.

• (2) An insurance intermediary shall ensure that an account opened and operated in accordance with paragraph (1) is designated “Client Premium Account”.

• (3) An insurance intermediary shall operate separate client premium accounts for life insurance business and non–life insurance business.

• (4) An insurance intermediary shall ensure that all payments from a client premium account operated by the insurance intermediary clearly state that the payment emanated from a client premium account.

• (5) An insurance intermediary shall ensure that a client premium account operated by the insurance intermediary is not overdrawn.

Permitted payments into and out of client premium account

311.

• (a) funds received from a consumer in respect of the renewal of an insurance policy, which has been invited by an insurance undertaking, or a proposal for insurance accepted by an insurance undertaking;

• (b) funds received from a regulated entity representing a premium rebate intended for transmission to a consumer;

• (c) a transfer from another client premium account operated by the insurance intermediary for the same form of insurance;

• (d) a transfer from an office account of the insurance intermediary to allow an amount to be maintained in the client premium account to cover the costs of the account, and any such transfers shall be clearly identifiable in terms of their source and purpose;

• (e) proceeds received from a regulated entity in respect of the settlement of a claim intended for transmission to the claimant;

• (f) any interest accruing on the funds in the account;

• (g) a mixed remittance consisting of premium and non–premium funds in accordance with paragraph (3)(a).

• (2) An insurance intermediary shall ensure that only the following are paid out of a client premium account maintained in accordance with Regulation 310:

• (a) funds paid to a regulated entity for renewal of an insurance policy, which has been accepted by an insurance undertaking, or a proposal, accepted by an insurance undertaking;

• (b) funds paid to a consumer or, where there is an agreement in place between the insurance intermediary and another insurance intermediary as referred to in Regulation 350, funds transferred to that other insurance intermediary for payment to a consumer, and which in either case represents a rebate of a premium received from an insurance undertaking;

• (c) commissions and fees paid to the insurance intermediary where there is documentary evidence that these funds are properly due to the insurance intermediary;

• (d) a transfer to another client premium account operated by the insurance intermediary for the same form of insurance;

• (e) a payment of a settlement amount in satisfaction of a claim to a consumer;

• (f) any interest payable on the funds in the account;

• (g) the portion of a mixed remittance that consists of non–premium funds in accordance with paragraph (3)(b);

• (h) a payment in respect of a charitable donation in accordance with Regulation 349;

• (i) bank charges, where these are paid out of the amount referred to in paragraph (1)(d).

• (3) Where an insurance intermediary receives a mixed remittance consisting of premium and non–premium funds, the insurance intermediary shall ensure that–

• (a) the total amount of the mixed remittance is first lodged to the appropriate client premium account, and

• (b) the portion of that mixed remittance that consists of non–premium funds is transferred to or to the order of the consumer without delay.

Client premium account – reconciliation

312.

Chapter 4 Differential pricing

Interpretation (Chapter 4)

313.

“close matched product” means a home insurance product or motor insurance product which provides a consumer with core cover and benefits which are broadly equivalent to the core cover and benefits enjoyed by the consumer under their existing home insurance or motor insurance policy;

“closed book” means an individual home insurance product or motor insurance product in respect of which its policies are not available for renewal by way of first renewal;

“equivalent first renewal price” means the price an insurance undertaking or insurance intermediary would offer to a consumer upon the first renewal of a particular home insurance policy or motor insurance policy;

“first renewal” means any renewal of a home insurance policy or a motor insurance policy by a consumer which is a first renewal of such home insurance policy or motor insurance policy;

“first renewal price” means the price an insurance undertaking or insurance intermediary offers to a consumer upon the first renewal of a home insurance policy or motor insurance policy;

“related additional financial service” means a financial service related to a home insurance policy or a motor insurance policy sold to a consumer at the same time as the insurance policy;

“subsequent renewal” means any renewal of a home insurance policy or a motor insurance policy by a consumer subsequent to the first renewal of the home insurance policy or motor insurance policy;

“subsequent renewal price” means the price offered by an insurance undertaking or insurance intermediary to a consumer to renew a home insurance policy or motor insurance policy on any renewal subsequent to the first renewal of the insurance policy, including where more than one policy is sold together as part of a package;

“tenure” means the number of years a consumer has held their insurance policy, including any renewal of the insurance policy.

Scope and application (Chapter 4)

314.

• (a) setting the subsequent renewal price;

• (b) setting the price for any related additional financial service sold to the consumer at the subsequent renewal of a home insurance policy or motor insurance policy.

Setting subsequent renewal prices

315.

• (2) Subject to paragraph (3) and Regulation 316, in determining the equivalent first renewal price, an insurance undertaking or insurance intermediary shall apply the following assumptions:

• (a) that the consumer has used the same channel that the consumer most recently used for the purposes of renewing their insurance policy;

• (b) that the consumer has selected the same payment method as they currently use to pay for the insurance policy.

• (3) Where an insurance undertaking or insurance intermediary no longer accepts renewals through the channel that the consumer most recently used to renew the insurance policy, the insurance undertaking or insurance intermediary shall assume that the consumer used the channel most commonly used by consumers of the regulated entity.

Closed books

316.

• (2) The insurance undertaking or insurance intermediary shall identify from the home insurance and motor insurance products that it currently actively markets or distributes, whether it has one or more home insurance or motor insurance product that is a close matched product.

• (3) Where the insurance undertaking or insurance intermediary no longer actively markets or distributes any home insurance or motor insurance product which is a close matched product but it is part of a group which does actively market or distribute home insurance or motor insurance products, the insurance undertaking or insurance intermediary shall, where possible, identify a close matched product from those products actively marketed or distributed by the insurance undertaking’s or insurance intermediary’s group.

• (4) Where there is more than one product which is a close matched product, the insurance undertaking or insurance intermediary shall either–

• (a) select the close matched product which is the most similar to the consumer’s existing insurance policy, or

• (b) where it is not possible to identify the most similar close matched product, select the close matched product which will lead to the most favourable pricing outcome for consumers who hold an insurance policy in the closed book.

• (5)
• (a) Where a close matched product is identified or selected, the equivalent first renewal price for a consumer in the relevant book shall be the equivalent first renewal price the insurance undertaking or insurance intermediary would offer for the close matched product, subject to any permitted adjustments set out in subparagraph (b) and, where appropriate, the assumptions set out at Regulations 315(2) and 315(3).

• (b) The permitted adjustments are those which fairly and proportionately reflect the difference in costs for the insurance undertaking or insurance intermediary arising from differences between the cost to serve or cover or benefits (including any compulsory excess) provided by the insurance policies in the closed book and the close matched product.

• (6) Where an insurance undertaking or insurance intermediary is unable to generate an equivalent first renewal price or identify a product which is a close matched product because an insurance policy –

• (a) is not part of an insurance undertaking’s or insurance intermediary’s or its group’s standard insurance policy offering,

• (b) falls outside the insurance undertaking’s or insurance intermediary’s or its group’s underwriting policies, or

• (c) although part of its group’s standard policy offering, is not an insurance policy in respect of which the insurance undertaking’s or the insurance intermediary’s group may share the relevant pricing information,

the insurance undertaking or insurance intermediary shall set the subsequent renewal price in accordance with Regulation 321.

Insurance intermediaries’ involvement in setting price

317.

Responsibility of insurance undertaking or insurance intermediary where more than one insurance undertaking or insurance intermediary is involved in setting the subsequent renewal price

318.

Related additional financial services

319.

Related additional financial services where financial service no longer available at first renewal

320.

• (a) where the related additional financial service is an insurance policy, the insurance undertaking or insurance intermediary shall, subject to any necessary modifications:

• (i) apply the requirements in respect of closed books in accordance with Regulation 316; or

• (ii) if the related additional financial service has no close matched product, apply Regulation 321;

• (b) where the related additional financial service is not an insurance policy, the insurance undertaking or insurance intermediary shall apply Regulation 321.

Firms’ assurance over consumer outcomes

321.

• (a) an equivalent first renewal price;

• (b) the subsequent renewal price for consumers in closed books where an insurance undertaking or insurance intermediary is unable to identify a close matched product;

• (c) the price for any related additional financial service sold to the consumer at subsequent renewal of an insurance policy;

• (d) any other matter provided for under Regulations 314 to 321.

• (2) An insurance undertaking or insurance intermediary shall ensure that the equivalent first renewal price does not systematically exceed the first renewal price for consumers.

Annual review and record keeping

322.

• (a) whether the insurance undertaking or insurance intermediary complies with the obligation, set out at Regulation 321, that the insurance undertaking or insurance intermediary shall not systematically discriminate against consumers based on tenure;

• (b) whether the equivalent first renewal price for consumers of longer tenure systematically exceeds the first renewal price for consumers;

• (c) whether adequate controls are in place, including controls to ensure that any pricing models used do not–

• (i) generate prices which are systematically higher the longer a consumer’s tenure, or

• (ii) impair the insurance undertaking’s or insurance intermediary’s obligation to comply with Regulations 4(1)(a), (b) and (d) of the Central Bank Reform Act 2010 (Section 17A) (Standards for Business) Regulations 2025.

• (2) An insurance undertaking or insurance intermediary shall, following the annual review referred to in paragraph (1), rectify any deficiencies identified in its pricing policies and processes.

• (3) An insurance undertaking or insurance intermediary shall retain written records of the annual review referred to in paragraph (1), including the action taken to rectify any deficiencies found.

• (4) Prior to implementing a material decision in relation to the insurance undertaking’s or insurance intermediary’s compliance with Regulations 314 to 321, an insurance undertaking or insurance intermediary shall keep a record in writing of its consideration of the extent to which that decision is consistent with Regulations 314 to 321.

Chapter 5 Automatic renewals

Scope and application (Chapter 5)

323.

Automatic renewals – cancellations

324.

• (a) at any time during the duration of the insurance policy, and

• (b) free of charge.

Automatic renewals – notifications in respect of policies with a duration of 10 months or more

325.

• (a) a statement that the insurance policy will renew automatically if the consumer does not cancel the automatic renewal before a specified date;

• (b) details on how the consumer can stop the automatic renewal of the insurance policy if the consumer does not wish to automatically renew, including –

• (i) the existence of the right to cancel the automatic renewal of the insurance policy,

• (ii) the conditions for exercising the right to cancel the automatic renewal of the insurance policy,

• (iii) the consequences of exercising the right to cancel the automatic renewal of the insurance policy, and

• (iv) the practical steps required for exercising the right to cancel the automatic renewal of the insurance policy, including, at a minimum, the options available for cancelling the automatic renewal of the insurance policy;

• (c) except where Section 14(6) of the Act of 2019 applies, confirmation of any changes to the terms of the insurance policy upon renewal;

• (d) details of any fee payable specifically in respect of the automatic renewal of the insurance policy and the services provided for such fee;

• (e) the website address of the relevant section of the Competition and Consumer Protection Commission’s website and, where relevant, the Health Insurance Authority’s website relating to getting insurance quotes;

• (f) a statement that the consumer should keep their insurance arrangements under review as there may be other alternatives in the market that could provide savings for the consumer for similar cover.

• (2) Where an automatic renewal arrangement of a consumer’s insurance policy, with a duration of 10 months or more, is in place and the insurance undertaking or insurance intermediary does not propose to renew such insurance policy, the insurance undertaking or insurance intermediary shall provide a notification on paper or on another durable medium to the consumer at least 20 working days prior to the renewal date that the insurance undertaking or insurance intermediary does not wish to invite a renewal.

• (3) Paragraph (2) does not apply where Regulation 5(1)(b) of the Non–Life Insurance (Provision of Information) Regulations 2007 applies.

Automatic renewals – notifications in respect of policies with a duration of less than 10 months

326.

• (a) a statement that the insurance policy renews automatically including the frequency of the automatic renewal and any end date of such automatic renewal;

• (b) details on how the consumer can stop the automatic renewal of the insurance policy if the consumer does not wish to automatically renew, including –

• (i) the existence of the right to cancel the automatic renewal of the insurance policy,

• (ii) the conditions for exercising the right to cancel the automatic renewal of the insurance policy,

• (iii) the consequences of exercising the right to cancel the automatic renewal of the insurance policy, and

• (iv) the practical steps required for exercising the right to cancel the automatic renewal of the insurance policy, including, at a minimum, the options available for cancelling the automatic renewal of the insurance policy;

• (c) details of any fee payable specifically in respect of the automatic renewal of the insurance policy and the services provided for such fee;

• (d) the website address of the relevant section of the Competition and Consumer Protection Commission’s website and, where relevant, the Health Insurance Authority’s website relating to getting insurance quotes;

• (e) a statement that the consumer should keep their insurance arrangements under review as there may be other alternatives in the market that could provide savings for the consumer for similar cover.

• (2) Where an automatic renewal arrangement of a consumer’s insurance policy, with a duration of less than 10 months, is in place and the insurance undertaking or insurance intermediary does not propose to renew such insurance policy, the insurance undertaking or insurance intermediary shall provide a notification on paper or on another durable medium to the consumer prior to the renewal date that the insurance undertaking or insurance intermediary does not wish to invite a renewal.

• (3) Paragraph (2) does not apply where Regulation 5(1)(b) of the Non–Life Insurance (Provision of Information) Regulations 2007 applies.

Automatic renewal of pet insurance, travel insurance, gadget insurance or dental insurance

327.

• (2) Paragraph (1) shall apply only in relation to an insurance policy which is first entered into after the commencement of these Regulations (and to the renewal of such a policy after the commencement of these Regulations).

• (3) In this Regulation –

“dental insurance” means insurance the sole purpose of which is to provide for the making of payments by an insurance undertaking for the reimbursement or discharge, in whole or in part, of fees or charges in respect of dental expenses or services and related ancillary benefits;

“gadget insurance” means insurance which provides cover against the risk of breakdown, theft, loss, or damage, solely in respect of one or more personal electronic devices.

Chapter 6 Information about insurance products specifically

Information to be provided in insurance quotation – general

328.

• (a) the monetary amount of the quotation;

• (b) the period of time for which the quotation is valid;

• (c) the registered legal name of the proposed underwriter of the insurance policy.

• (2) In this Regulation and in Regulations 329 to 330, the term “insurance quotation” shall be understood to include a renewal notification containing an insurance quotation.

Information to be provided in insurance quotation – warranties and endorsements

329.

• (2) If the insurance quotation is provided on paper or on another durable medium, the information referred to in paragraph (1) shall not be in a smaller font size than is used for other information appearing in the document.

Information to be provided in insurance quotation – discounts or loadings

330.

• (a) any discount or loading that has been applied in generating the insurance quotation for a consumer, including the monetary value and percentage of any discount or loading that has been so applied, and

• (b) the premium that would apply in the absence of any such discount or loading.

Policy documentation to state name of underwriter

331.

Information to be provided about disclosure obligations

332.

• (2) The notification referred to in paragraph (1) shall include the following consequences, as applicable:

• (a) that a policy may be cancelled;

• (b) that claims may not be paid;

• (c) that the consumer may encounter difficulty in trying to purchase insurance elsewhere;

• (d) in the case of property insurance, that the failure to have property insurance in place, including by way of cancellation, could lead to a breach of the terms and conditions attaching to any loan secured on that property.

Information to be provided about permanent health insurance

333.

• (a) the meaning of disability as defined in the policy;

• (b) any benefit available under the policy;

• (c) the exclusions that apply to the policy;

• (d) any reduction applied to any available benefit if the consumer receives a disability payment from another source.

• (2) In this Regulation, “permanent health insurance policy” means a policy of insurance of class 4 as set out in Schedule 2 to the Insurance and Reinsurance Regulations, or class IV as set out in Annex I to the European Communities (Life Assurance) Framework Regulations 1994.

Information to be provided about serious or critical illness insurance

334.

Information to be provided about property or motor insurance

335.

Refusal to quote for motor or property insurance

336.

• (a) inform the consumer of its decision to refuse;

• (b) provide the consumer with the reasons for refusing cover;

• (c) notify the consumer of their right to refer the matter to the Declined Cases Committee and provide details of the process for such a referral;

• (d) inform the consumer that they may request that the information in subparagraphs (a) to (c) be provided to them on paper or on another durable medium.

• (2) An insurance undertaking that refuses to quote a consumer for property insurance shall do the following within 5 working days of the date of its decision to refuse:

• (a) inform the consumer of its decision to refuse;

• (b) provide the consumer with the reasons for refusing cover;

• (c) notify the consumer that failure to insure a property may result in a breach of terms and conditions of any loan agreement which has been secured on that property;

• (d) inform the consumer that they may request that the information in subparagraphs (a) to (c) be provided to them on paper or on another durable medium.

• (3) Where a consumer makes a request in accordance with paragraph (1)(d) or 2(d), an insurance undertaking shall provide this information on paper or on another durable medium within 5 working days of the request.

Information to be provided where premium may be subject to review

337.

• (a) explain clearly to the consumer the risk that the premium may increase, and

• (b) provide the consumer with details of the time period for which the initial premium is fixed.

• (2) An insurance undertaking shall include a warning statement in the following format on the application form for an insurance policy of the kind referred to in paragraph (1), inserting the appropriate information in place of the instruction in square brackets for that purpose:

“Warning: The Premium [insert ‘may’ or ‘will’ as appropriate] increase after [insert period of time for which the premium is fixed].”

• (3) This Regulation does not apply where the premium payable by a consumer may be subject to review as a result of an amendment to the policy requested by the consumer.

Insurance quotation – explanation of difference in cost between payment of premium by lump sum or by instalment

338.

• (2) The explanation referred to in paragraph (1) shall detail the monetary value of any difference arising between the 2 options.

• (3) In this Regulation, the term “insurance quotation” shall be understood to include a renewal notification containing an insurance quotation.

Consent to be obtained for follow up telephone communication in respect of an insurance quotation provided on a digital platform

339.

• (2) Paragraph (1) is subject to the further condition that the making of the follow up telephone call is not prohibited under any other applicable law.

Chapter 7 Knowing the consumer and suitability – insurance specific provisions

Statement of suitability where immediate cover required

340.

Statement of suitability in the case of travel, motor or home insurance

341.

Chapter 8 Post–sale information requirements – information about insurance products

Issuance of insurance policy

342.

• (2) On receipt of the insurance policy issued in accordance with paragraph (1), an insurance intermediary shall provide the insurance policy to the consumer that purchased it within 5 working days.

• (3) When an insurance policy is entered into by a consumer by means of telephonic, video or other electronic communication, including through a digital platform, the insurance undertaking or, where the insurance policy was entered into by the consumer through an insurance intermediary, the insurance intermediary, shall provide the consumer with immediate digital confirmation that–

• (a) the insurance policy is in place, and

• (b) the insurance policy documents will be issued within 5 working days.

• (4) In the circumstances referred to in paragraph (3), an insurance undertaking or insurance intermediary may provide the consumer with the terms of business referred to in Regulation 51 at the same time as the insurance undertaking or insurance intermediary provides the consumer with the confirmation referred to in that paragraph.

• (5) This Regulation shall apply equally where a consumer renews an existing policy.

Terms and conditions applicable to no claims discount to be provided to consumer

343.

Appointed claims representative

344.

Information concerning surrender value of a life insurance policy

345.

• (2) If a secondary market exists for the sale of a policy of the kind referred to in paragraph (1) on which the policy may be sold, the insurance undertaking or insurance intermediary shall disclose this fact to the consumer at the same time as providing the details required in accordance with paragraph (1).

Advance notification of expiry date of a policy of non–life insurance

346.

• (a) Regulation 5 or Regulation 6 of the Non–Life Insurance (Provision of Information) Regulations 2007, or

• (b) Regulation 325,

provide a consumer with notification on paper or on another durable medium of the date on which that policy is due to expire or fall due for renewal.

Notification of lapse of cover under health insurance contract

347.

• (2) This Regulation does not apply in respect of a health insurance contract under a corporate health insurance scheme arranged by an employer with an insurance undertaking for a group of employees.

• (3) An insurance undertaking shall notify a consumer that is a natural person aged 18 years or older within 10 working days of the consumer ceasing to be insured under a health insurance contract with that insurance undertaking.

• (4) The notification referred to in paragraph (3) shall inform the consumer –

• (a) that the consumer is no longer insured under a health insurance contract with that insurance undertaking, and

• (b) the date on which the consumer ceased to be so insured.

• (5) Paragraphs (3) and (4) do not apply where –

• (a) the consumer ceased to be insured under the health insurance contract referred to in paragraph (1) on account of the expiry of that health insurance contract,

• (b) the health insurance contract is immediately replaced with another health insurance contract with the same insurance undertaking, and

• (c) the consumer is insured under that replacement health insurance contract.

• (6) For the purposes of providing notification pursuant to paragraphs (3) and (4), an insurance undertaking shall gather contact details of each consumer that is a natural person aged 18 years or older who is insured under a health insurance contract with that insurance undertaking.

• (7) Paragraphs (3) and (4) do not apply where the insurance undertaking has requested contact details in accordance with paragraph (6) but has not been provided with same before the 10 working day period referred to in paragraph (3) has commenced.

Chapter 9 Premium Rebates

Premium rebates – timing

348.

• (2) For the purposes of this Regulation, a premium rebate is due from an insurance undertaking as soon as the insurance undertaking becomes aware of the circumstances giving rise to the premium rebate and determines that the premium rebate is due.

• (3) Where an insurance intermediary acts as agent of an insurance undertaking in respect of a consumer, the insurance undertaking shall either –

• (a) provide to the insurance intermediary a premium rebate due from the insurance undertaking to the consumer within 5 working days of the rebate becoming due, or

• (b) notify the insurance intermediary, within 5 working days of the premium rebate becoming due, that the rebate is due and at the same time permit the intermediary to issue the premium rebate from funds held by the insurance intermediary which are due to the insurance undertaking.

• (4) An insurance intermediary shall provide the premium rebate referred to in paragraph (3) to the consumer within 5 working days of the insurance intermediary either –

• (a) receiving the premium rebate referred to in paragraph (3)(a), or

• (b) receiving the notification referred to paragraph (3)(b).

Option of deduction from renewal or other premium or donation in lieu of premium rebate

349.

• (a) receiving a corresponding deduction from a renewal premium or other premium currently due to that insurance undertaking or insurance intermediary from the consumer, or

• (b) the insurance undertaking or insurance intermediary making a donation of the premium rebate amount to a registered charity.

• (2) An insurance undertaking or insurance intermediary shall obtain a consumer’s consent on each occasion for the purposes of making either a deduction in accordance with paragraph (1)(a) or a donation in accordance with paragraph (1)(b).

• (3) Where an insurance undertaking or insurance intermediary obtains a consumer’s consent for the purposes of paragraph (2), the insurance undertaking or insurance intermediary shall make a deduction or donation in accordance with that consent and Regulation 348 shall not apply to the insurance undertaking or insurance intermediary concerned.

• (4) Where an insurance undertaking or insurance intermediary does not obtain a consumer’s consent for the purposes of paragraph (2), the insurance undertaking or insurance intermediary shall provide the premium rebate to the consumer within the time period referred to in Regulation 348.