{
  "url": "https://openlegislation.uk/insurance-companies-act-1982-repealed/section-48",
  "json_url": "https://openlegislation.uk/insurance-companies-act-1982-repealed/section-48.json",
  "legislation": "ukpga/1982/50",
  "legislation_title": "Insurance Companies Act 1982 (repealed)",
  "legislation_url": "https://openlegislation.uk/insurance-companies-act-1982-repealed",
  "path": "section/48",
  "kind": "section",
  "number": "48",
  "heading": "Power of Secretary of State to bring civil proceedings on behalf of insurance company.",
  "text": "(1) Section 438(1) of the Companies Act (power of Secretary of State to bring civil proceedings on behalf of body corporate) shall have effect in relation to an insurance company to which this Part of this Act applies (whether or not a body corporate) as if the reference to any information or document obtained under the provisions there mentioned included a reference to any information or document obtained under this Act or any enactment repealed by this Act or by the Insurance Companies Act 1974.\n(2) The Secretary of State may bring civil proceedings in the name and on behalf of an insurance company to which this Part of the Act applies (whether or not a body corporate) under Article 431(1) of the Companies (Northern Ireland) Order 1986 and that subsection shall have effect in relation to such an insurance company as if the reference to any information or document obtained under the provisions there mentioned included a reference to any information or document obtained under this Act or any enactment repealed by this Act or by the Insurance Companies Act 1980 and any reference to the Department of Commerce for Northern Ireland were a reference to the Secretary of State.\n(2A) The Treasury may exercise the powers conferred on the Secretary of State by virtue of subsections (1) and (2) above; and sections 451A(2) and 452(1) of the Companies Act 1985 shall apply in relation to the Treasury as they apply in relation to the Secretary of State.\n(3) Where under a judgment given or decree pronounced in proceedings brought by virtue of section 438(1) of the Companies Act or Article 431(1) of the said Order of 1986 on behalf of an insurance company a sum is recovered in respect of a loss of assets representing a fund or funds maintained by the company in respect of its long term business the court shall direct that the sum shall be treated for the purposes of this Act as assets of that fund or those funds and this Act shall have effect accordingly.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words substituted by Companies Consolidated (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words expressed to be substituted by S.I. 1986/1035 (N.I. 9), art. 23, Sch. 1 Pt. II"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 48(2A) inserted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 35 (with art. 7)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words substituted by S.I. 1986/1035, (N.I. 9), art. 23, Sch. 1 Pt. II"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1974 c. 49."
    },
    {
      "type": "M",
      "label": "M2",
      "text": "1980 c. 25."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 48(2A): power to contract out functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 35"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1982/50/section/48",
    "retrieved_at": "2026-10-29T10:10:47.436123+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}