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Insurance Companies Act 1980

Type Public General Act
Publication 1980-05-01
State In force
Department Statute Law Database
Source legislation.gov.uk
articles 1
Reform history JSON API

Extension of Insurance Companies Act 1974 to Northern Ireland

1

Subject to section 2(1) below—

shall extend to Northern Ireland.

Amendments of the Insurance Companies Act 1974

2

Extension of certain instruments to Northern Ireland

3

Consequential amendments, savings, transitional provisions and repeals

4

Short title, commencement and extent

5

SCHEDULE 1

PART I — Amendments of That Act Consequential on its Extension to Northern Ireland

1

In section 2—

(i) 3rd November 1966 was carrying on in Great Britain, or (ii) 21st December 1967 was carrying on in Northern Ireland, insurance business (whether of that class or not)

;

2

In section 3—

(aa) it was carrying on in Northern Ireland insurance business of that class immediately before 21st December 1967 (and was entitled to carry on that business under the Assurance Companies Acts (Northern Ireland) 1909 to 1947); or

;

insurance business (whether of that class or not)— (a) in Great Britain, immediately before 3rd November 1966, or (b) in Northern Ireland, immediately before 21st December 1967

.

3

In sections 4(1)(a), 7(3) and (5) and 8(1) for " Great Britain " wherever it occurs substitute " the United Kingdom- ".

4

In section 9—

5

In section 11(4) for " 27th July 1967 " substitute—

(a) 27th July 1967 in Great Britain, or (b) 4th April 1968 in Northern Ireland

.

6

In section 12—

7

In section 20—

8

In section 21(5) after " companies " insert " or with the registrar of companies in Northern Ireland or with both ".

9

In section 22(3) after " companies " insert " or with the registrar of companies in Northern Ireland or with both ".

10

In section 24(4) omit " and " and after " diligence" insert " and a charge imposed by the Enforcement of Judgments Office in Northern Ireland ".

11

In section 25(3X6) for "and Edinburgh" substitute " , Edinburgh and Belfast ".

12

In section 26(7)—

  • ' company ' (except in the expression ' insurance company') includes any body corporate and ' equity share capital' means, in relation to a company, its issued share capital excluding any part thereof which, neither as respects dividends nor as respects capital, carries any right to participate beyond a specified amount in a distribution ;

;

13

In section 28(2)(a) after " 1948 " insert " or section 210 or 349 of the Companies Act (Northern Ireland) 1960 ".

14

For section 36(6) substitute—

(6) In this section ' books or papers' includes accounts, deeds, writings and documents.

.

15

In section 40—

16

In section 41—

(1A) The Secretary of State may bring civil proceedings in the name and on behalf of an insurance company to which this Part of this Act applies (whether or not a body corporate) under subsection (1) of section 163 of the Companies Act (Northern Ireland) 1960 and that subsection shall have effect in relation to such an insurance company as if the reference to any information or document obtained under the provisions there mentioned included a reference to any information or document obtained under this Act or any enactment repealed by the Insurance Companies Act 1980 and any reference to the Department of Commerce for Northern Ireland were a reference to the Secretary of State.

;

17

In section 42—

(b) the High Court of Justice in Northern Ireland if the transferor company and the transferee company are both registered or both have their head offices in Northern Ireland ; and (c) either the High Court of Justice in England or the Court of Session if either the transferor company or the transferee company is registered or has its head office in Scotland ; and (d) either the High Court of Justice in England or the High Court of Justice in Northern Ireland if either the transferor company or the transferee company is registered or has its head office in Northern Ireland ; and (e) either the Court of Session or the High Court of Justice in Northern Ireland if the transferor company or the transferee company is registered or has its head office in Scotland and the other such company is registered or has its head office in Northern Ireland.

;

18

In section 43—

19

In section 44(1) for " Great Britain " substitute " the United Kingdom " and after " 1948 " insert " or sections 210 and 349 of the Companies Act (Northern Ireland) 1960 ".

20

In section 45 after " 1948 " insert " or, as the case may be, the Companies Act (Northern Ireland) 1960 " and after " that Act" insert " of 1948 or, as the case may be, that Act of 1960 ".

21

In section 46—

(1A) The Secretary of State may present a petition for the winding up, in accordance with the Companies Act (Northern Ireland) 1960, of an insurance company to which this Part of this Act applies, being a company which may be wound up by the court under the provisions of that Act, on the ground— (a) that the company is unable to pay its debts within the meaning of sections 210 and 211 or section 349 of that Act; (b) that the company has failed to satisfy an obligation to which it is or was subject by virtue of this Act or any enactment repealed by the Insurance Companies Act 1980 ; or (c) that the company, being under an obligation imposed by Article 25 of the Companies (Northern Ireland) Order 1978 with respect to the keeping of accounting records, has failed to satisfy that obligation or to produce records kept in satisfaction of that obligation and that the Secretary of State is unable to ascertain its financial position ; and subsection (3) of section 163 of the said Act of 1960 shall have effect in relation to such an insurance company as if any reference to the Department of Commerce for Northern Ireland were a reference to the Secretary of State.

;

22

In section 47—

23

In section 48—

24

In section 51—

25

After section 55 insert—

(55A) Any insurance company which is required to prepare and deliver accounts under Article 3 or 11 of the Companies (Northern Ireland) Order 1978 shall deposit with the registrar of companies in Northern Ireland one copy of— (a) any document deposited with the Secretary of State under section 18(1), 18(2), 18(6), 34(4) or 43(4) above ; (b) any document supplied by the company to the Secretary of State under section 18(5) above.

.

26

In sections 60(2) and 64(2) for "Great Britain" substitute " the United Kingdom ".

27

In section 68(2)(d) after " companies " insert " or the registrar of companies in Northern Ireland or with both such registrars ".

28

In section 69 after " 1958 " insert " and section 12(1) of the Prevention of Fraud (Investments) Act (Northern Ireland) 1940 " and after " that Act" insert " of 1958 and section 22(1) of that Act of 1940 ".

29

In section 75—

30

In section 76(1) after " 1948 " insert " , under the Companies Act (Northern Ireland) 1960 ".

31

In section 80(3) for the words from the beginning to "this Act" substitute

In a case in which an unincorporated body is charged with an offence under this Act— (a) in England or Wales, section 33 of the Criminal Justice Act 1925 and Schedule 2 to the Magistrates' Courts Act 1952 (procedure on charge of offence against a corporation), (b) in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 5 to the Magistrates' Courts Act (Northern Ireland) 1964 (procedure on charge of offence against a corporation), shall have effect

.

32

In section 81 for the words from " in England" onwards substitute " be instituted—

33

In section 82—

(3A) Notwithstanding anything in section 34 of the Magistrates' Courts Act (Northern Ireland) 1964, a complaint relating to an offence under this Act which is triable by a court of summary jurisdiction in Northern Ireland may be so tried if it is made at any time within three years after the commission of the offence and within twelve months after the date on which evidence sufficient, in the opinion of the Director of Public Prosecutions for Northern Ireland, the Secretary of State or the Department of Commerce for Northern Ireland, as the case may be, to justify the proceedings comes to his or that Department's knowledge.

;

34

In section 83(1) at the end add " or Articles 2(2) and 3(1) of the Industrial Assurance (Northern Ireland) Order 1979 ".

35

In section 85—

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