OpenLegislation

Section 11 Withdrawal of authorisation in respect of new business.C1

United Kingdom

(1)

The F1Treasury may, at the request of the company or on any grounds set out in subsection (2) below, direct that an insurance company authorised under section 3 or 4 above to carry on insurance business shall cease to be authorised to effect contracts of insurance, or contracts of any description specified in the direction.

(2)

The grounds referred to in subsection (1) above are—

(a)

that it appears to the Treasury that the company has failed to satisfy an obligation to which it is subject by virtue of this Act F2or the Financial Services Act 1986 or, if it is a member of a recognised self-regulating organisation within the meaning of that Act, an obligation to which it is subject by virtue of the rules of that organisation;

(F3aa)

that the company is a UK company and it appears to the Treasury that the company has failed to satisfy an obligation to which it is subject by virtue of any provision of the law of another EEA State which—

(i)

gives effect to the general or long term insurance Directives; or

(ii)

is otherwise applicable to the insurance activities of the company in that State;

(ab)

that the company is a UK or non-EC company and it appears to the Treasury that any of the criteria of sound and prudent management F4is not or has not been fulfilled, or may not be or may not have been fulfilled, in respect of the company.

(b)

that there exists a ground on which F5the Treasury would be prohibited by F6 section 5(1B) or (1C), 7, 8 or 9 above from issuing an authorisation to the company;

(c)

that the company has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, in a member State where it has its head office or where it has in accordance with section 9(2) above made a deposit.

(F7d)

that the company is a Swiss general insurance company which has ceased to be authorised to effect contracts of insurance, or contracts of a particular description, in Switzerland.

(3)

After giving a direction under this section otherwise than at the request of the company concerned the Treasury shall inform the company concerned of F8theirs reasons for giving the direction.

(4)

A direction under this section shall not prevent a company from effecting a contract of insurance in pursuance of a term of a subsisting contract of insurance.

(F95)

Where a direction under this section has been given in respect of—

(a)

a company which has its head office, or has in accordance with section 9(2) above made a deposit, in a member State other than the United Kingdom; or

(b)

a Swiss general insurance company, the Treasury may revoke or vary the direction if after consultation with the supervisory authority in that member State or, as the case may be, in Switzerland F10the Treasury consider it appropriate to do so.

(6)

Subject to subsection (5) above a direction given under this section in respect of any insurance company may not be revoked or varied; but if the Treasury subsequently F11issue to the company under section 3 above an authorisation to carry on insurance business of a class to which the direction relates, the direction shall cease to have effect in relation to such business.

(F127)

In this Act “Swiss general insurance company” means an insurance company—

(a)

whose head office is in Switzerland;

(b)

which is authorised under section 3 or 4 above to carry on general business; and

(c)

whose authorisation is not restricted to reinsurance business.

Annotations

Textual amendments

F1

Words in s. 11 substituted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 7(a) (with art. 7)

F2

Words inserted by Financial Services Act 1986 (c. 60, SIF 69), s. 129, Sch. 10 para. 7(1)

F3

S. 11(2)(aa)(ab) substituted for 11(2)(aa) (1.7.1994) by S.I. 1994/1696, reg. 10(1)

F4

Words in s. 11(2)(ab) substituted (31.12.1994) by S.I. 1994/3132, reg. 10(1)

F5

Words in s. 11(2)(b) substituted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 7(b) (with art. 7)

F6

Words in s. 11(2)(b) substituted (18.7.1994) by S.I. 1996/1669, reg. 18(2)

F7

S. 11(2)(d) inserted (5.1.1994) by S.I. 1993/3127, reg. 2(4)

F8

Words in s.11(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 7(c) (with art. 7)

F9

S. 11(5) substituted (5.1.1994) by S.I. 1993/3127, reg. 2(5)

F10

Words in 11(5) substituted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 7(d) (with art. 7)

F11

Word in s. 11(6) substituted (5.1.1998) by S.I. 1997/2781, art. 8, Sch. Pt. I para. 7(e) (with art. 7)

F12

S. 11(7) inserted (5.1.1994) by S.I. 1993/3127, reg. 2(6)

Modifications

C1

S. 11 applied by Financial Services Act 1986 (c. 60, SIF 69), ss. 98(4), 129, Sch. 10 para. 9

S. 11: power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 8

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 3(1)(b)