OpenLegislation

Section 42 Actuarial investigations.C1

United Kingdom

(1)

The F1Treasury may require a company which carries on long term business—

(a)

to cause the person who for the time being is its actuary under section 19(1) above or any corresponding enactment previously in force to make an investigation into its financial condition in respect of that business, or any specified part of that business, as at a specified date; F2and

(b)

to cause an abstract of that person’s report of the investigation to be made; F3. . .

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

For the purposes of any investigation made in pursuance of a requirement under this section the value of any assets and the amount of any liabilities shall be determined in accordance with any applicable valuation regulations.

(3)

The form and contents of any abstract F5. . . made in pursuance of a requirement under this section shall be the same as for an abstract . . .made under section 18 above and subsection (2) of that section shall apply to an investigation made in pursuance of this section as it applies to an investigation to which subsection (1)(b) of that section relates.

(4)

F6The required copies of any abstract F7. . . made in pursuance of a requirement under this section shall be deposited by the company with the Treasuryon or before such date as F8they may specify, F9. . ..

F10(5)

In subsection (4) above, the reference to the required copies, in relation to any abstract, is to —

(a)

three copies of the abstract, or

(b)

one printed copy of the abstract and one copy of it in a form approved for the purposes of this subsection by the Treasury.

(6)

Where copies of any abstract are required under subsection (4) above to be deposited with the Treasury, one of the copies or, as the case may be, the printed copy shall be signed by the person required to sign copies of abstracts made under section 18 above which are deposited under section 22 above.

Annotations

Textual amendments

F1

Words in s. 42 substituted (5.11.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 27(a) (with Sch. 7)

F2

Word at the end of s. 42(1)(a) inserted (23.12.1996) by S.I. 1996/2102, reg. 3(2)(b)(i)

F3

Word at the end of s. 42(1)(b) repealed (23.12.1996) by S.I. 1996/2102, reg. 3(2)(b)(i)

F4

S. 42(1)(C) repealed (23.12.1996) by S.I. 1996/2102, reg. 3(1)

F5

Words in s. 42(3)(4) repealed (23.12.1996) by S.I 1996/2102, reg. 3(2)(b)(iii)

F6

Words in s. 42(4) substituted (23.12.1996) by S.I. 1996/2102, reg. 6(2)

F7

Words in s. 42(4) repealed (23.12.1996) by S.I. 1996/2102, art. 6(2)

F8

Words in s. 42 substituted (5.11.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 27(b) (with Sch. 7)

F9

Words in s. 42(4) repealed (23.12.1996) by S.I. 1996/2102, reg. 6(2)

F10

S. 42(5)(6) inserted (23.12.1996) by S.I. 1996/2102, reg. 6(3)

Modifications

C1

S. 42: power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 29

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)