Regulation 8 Provisions supplementing regulations 5 and 7I1
United Kingdom
This regulation supplements regulations 5 and 7.
Any calculation, computation or estimate required to determine the amount of the liabilities in respect of claims outstanding must be made in accordance with the standards specified in paragraph (3) in force at the time at which the technical provisions are adopted by the general insurer.
The specified standards are—
all generic technical actuarial standards and relevant specific technical actuarial standards published by the Board for Actuarial Standards in relation to the performance of actuarial functions, or
where the general insurer is not resident in the United Kingdom, such other standards or provisions of the law of the territory in which the general insurer is domiciled as may reasonably be regarded as equivalent in effect to the standards referred to in sub-paragraph (a).
In this paragraph, “the Board for Actuarial Standards” means the operating body of that name of the Financial Reporting Councilf1.
Any calculation, computation or estimate required to determine the amount of the liabilities in respect of claims outstanding must take into account—
the nature or type of risks to which the liabilities in respect of claims outstanding relate, and
the volatility and uncertainty associated with those risks.
Without prejudice to the generality of paragraph (4), the reference in that paragraph to taking into account includes, in particular, taking into account liabilities—
on the basis of general insurance business reporting categories described in Annex 11.3 to Chapter 11 of Volume 1 of IPRU(INS), or
on the basis of grouping of risks in accordance with the descriptions of accounting classes for general insurance business set out in Appendix 9.16 to Volume 2 of IPRU(INS).
In paragraph (5), “IPRU (INS)” means the Interim Prudential Sourcebook for Insurers made by the Prudential Regulation Authority under the Financial Services and Markets Act 2000.
Any estimate of the amount of the liabilities in respect of claims outstanding shall be determined—
net of reinsurance ceded, and
in accordance with paragraph 53 of Schedule 3 to the Accounts and Reports Regulations.
A reference to claims outstanding includes—
the expense of handling a future claim (whether allocated or unallocated), and
a future claim which has been incurred as a liability of the general insurer but which is—
not reported to the general insurer at the time at which the technical provisions are adopted, or
reported, but not fully reported, to the general insurer at that time.
A reference in this Part to the time at which technical provisions are adopted is a reference—
to the time at which the directors of the general insurer approve the general insurers’ annual accounts for the purposes of section 414 of the Companies Act 2006f2;
in the case of a general insurer to which that section does not apply, to such similar time as may apply under equivalent provisions of the law of the territory in which the general insurer is domiciled; or
in the case of general business carried on by a permanent establishment in the United Kingdom of a general insurer which is not resident in the United Kingdom and for which accounts of the permanent establishment are prepared for the period of account, the time at which the general insurer approves those accounts.
Annotations
Textual amendments
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Reg. 8(6) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 176
Commencement
Footnotes
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The Board for Actuarial Standards can be contacted at the Board for Actuarial Standards, Financial Reporting Council, 5th floor, Aldwych House, 71-91 Aldwych, London, WC2B 4HN and the actuarial standards obtained from their website at www.frc.org.uk/bas/standards.
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