Reform history

- (a) “*approved policy*” means a policy of insurance not subject to any conditions or exceptions prohibited for those purposes by regulations;

- (b) “authorised insurer” means—

- (i) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect and carry out contracts of insurance of a kind required by this Act and regulations made under this Act, or

- (ii) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to the Financial Services and Markets Act 2000, which has permission under paragraph 15 of that Schedule to effect and carry out contracts of insurance of a kind required by this Act and regulations made under this Act;

- (c) “*business*” includes a trade or profession, and includes any activity carried on by a body of persons, whether corporate or unincorporate;

- (3A) Subsection (3)(b) must be read with—

- (a) section 22 of the Financial Services and Markets Act 2000;

- (b) any relevant order under that section; and

- (c) Schedule 2 to that Act.

- (1) For the purposes of this Act the term “*employee*” means an individual who has entered into or works under a contract of service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise, whether such contract is expressed or implied, oral or in writing.

- (1) This Act shall not require any insurance to be effected by—

- (2) The authorities referred to in subsection (1)(a) above are (a) a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, . . .a National Health Service trust established under Part I of that Act or the National Health Service (Scotland) Act 1978, a primary Care Trust established under section 16A of the National Health Service Act 1977and a Local Health Board established under section 16BA of that Act and (b)the Common Council of the City of London, . . . the council of a London borough, the council of a county, . . . or district in England the council of a county or county borough in Wales,the Broads Authoritya National Park authority, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland, any joint board or joint committee in England and Wales or joint committee in Scotland which is so constituted as to include among its members representatives of any such council the Strathclyde Passenger Transport Authority . . . ,any joint authority established by Part IV of the Local Government Act 1985, the London Fire and Emergency Planning Authority,and any police authority.

- (1) Provision may be made by regulations for securing that certificates of insurance in such form and containing such particulars as may be prescribed by the regulations, are issued by insurers to employers entering into contracts of insurance in accordance with the requirements of this Act and for the surrender in such circumstances as may be so prescribed of certificates so issued.

- (3) A person who fails to comply with a requirement imposed by or under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

An employer who on any day is not insured in accordance with this Act when required to be so shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale; and where an offence under this section committed by a corporation has been committed with the consent or connivance of, or facilitated by any neglect on the part of, any director, manager, secretary or other officer of the corporation, he, as well as the corporation shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

- (1) This Act may be cited as the Employers’ Liability (Compulsory Insurance) Act 1969.

- (3) This Act shall come into force for any purpose on such date as the Secretary of State may by order contained in a statutory instrument appoint, and the purposes for which this Act is to come into force at any time may be defined by reference to the nature of an employer’s business, or to that of an employee’s work, or in any other way.