OpenLegislation

Section 33 Failure to maintain minimum margin.C1

United Kingdom

C2(1)

If—

(a)

the margin of solvency of an insurance company to which section 32(1) above applies, or

(b)

the margin of solvency or United Kingdom margin of solvency of an insurance company to which section 32(2) above applies, or

(c)

the margin of solvency or F1EEA margin of solvency of an insurance company to which section 32(3) above applies,

falls below such amount as may be prescribed by or determined in accordance with regulations made for the purposes of this section, the company shall at the request of the F2Treasury submit to F3them a short-term financial scheme.

(2)

An insurance company that has submitted a scheme to the Treasury under subsection (1) above shall propose modifications to the scheme (or the scheme as previously modified) if the TreasuryF4consider it inadequate, and shall give effect to any scheme accepted by F5the Treasury as adequate.

(3)

Where a company is required by virtue of section 32(6) above to maintain separate margins in respect of long term and general business, subsection (1) above shall have effect as if any reference to the margin of solvency, the United Kingdom margin of solvency or the EEA margin of solvency of the company were a reference to the margin in respect of either of the two kinds of business.

Annotations

Textual amendments

F1

Words in s. 33(1)(3) substituted (1.7.1994) by S.I. 1994/1696, reg. 14(3)

F2

Words in s. 33 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 20(a) (with art. 7)

F3

Words in s. 33(1) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 20(b) (with art. 7)

F4

Words in s. 33(2) sustituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 20(c)(i) (with art. 7)

F5

Words in s. 33(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 20(c)(ii) (with art. 7)

Modifications

C1

S. 33 modified by S.I. 1983/224, reg. 3(1)

C2

S. 33(1)(2): power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 22

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Act repealed (1.12.2001) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), arts. 1, 3(1)(b)

Notes on Part II

Modifications

C1

Pt. II (ss. 15-71) restricted (1.1.1993) by S.I. 1992/3218, reg65

Pt. II (ss. 15-71) extended (24.12.1996) by S.I. 1996/3011, reg. 3(1)(b), 10(1)