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Section 109 Scheme reports: insurance business transfer schemesF4C1

United Kingdom

(1)

An application under section 107 in respect of an insurance business transfer scheme must be accompanied by a report on the terms of the scheme (“a scheme report”).

(2)

A scheme report may be made only by a person—

(a)

appearing to the F1appropriate regulator to have the skills necessary to enable him to make a proper report; and

(b)

nominated or approved for the purpose by the appropriate regulator.

(3)

A scheme report must be made in a form approved by the appropriate regulator.

F2(4)

Where the appropriate regulator is the PRA, it must consult the FCA before—

(a)

nominating or approving a person under subsection (2)(b), or

(b)

approving a form under subsection (3).

(5)

Subsection (6) applies where the appropriate regulator is the FCA and either—

(a)

the transferee is a PRA-authorised person, or

(b)

F3the transferor concerned or the transferee has as a member of its immediate group a PRA-authorised person.

(6)

The FCA must consult the PRA before—

(a)

nominating or approving a person under subsection (2)(b), or

(b)

approving a form under subsection (3).

Annotations

Textual amendments

F1

Words in s. 109 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 6 para. 3(2) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F2

S. 109(4)-(6) inserted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 6 para. 3(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F3

Words in Pt. 7 substituted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 1 para. 2; S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

F4

S. 109 heading substituted (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), s. 148(5), Sch. 1 para. 7; S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1

Modifications

C1

S. 109 applied (1.12.2001) by S.I. 2001/3626, arts. 1, 3(a)

Notes on Part VII

Modifications

C1

Pt. 7: power to amend conferred (1.9.2023) by Financial Services Act 2021 (c. 22), ss. 22(8)(a), 49(5); S.I. 2023/934, reg. 2(c)