Regulation 8 Amendment of the principal Regulations

(1)

Amend regulation 6 (excluded descriptions of general insurer)^f1 as follows.

(2)

Renumber the existing regulation 6 as paragraph (1) of that regulation.

(3)

In paragraph (1) so created—

(a)

in sub-paragraph (a) for “has gone into” substitute “is in”;

(b)

in sub-paragraph (c) for “has been” substitute “is”;

(c)

in sub-paragraph (d) for “has taken effect” substitute “is in force”; and

(d)

at the end add—

“This is subject to the following qualification.”.

(4)

After paragraph (1) add—

“(2)

A general insurer is not excluded from the operation of section 107 by virtue of paragraph (1)(c) or (d) unless—

(a)

it is insolvent at the time the provisional liquidator is appointed or the relevant arrangement or compromise comes into force; or

(b)

in a case falling within paragraph (1)(d), it would be insolvent but for the relevant arrangement or compromise coming into force.”.

Annotations

Footnotes

f1: Regulation 6 was amended by paragraph 78 of the Schedule to S.I. 2003/2096.