Regulation 17 Interpretation of this Part
United Kingdom
For the purposes of this Part—
“composite insurer” means a UK insurer who is authorised to carry on both general business and long term business F1...;
“floating charge” has the meaning given by section 251 of the 1986 Act or paragraph (1) of Article 5 of the 1989 Order;
“general business” means the business of effecting or carrying out a contract of general insurance;
“general business assets” means the assets of a composite insurer which are, or should properly be, apportioned to that insurer’s general business F2...;
“general business liabilities” means the debts of a composite insurer which are attributable to the general business carried on by that insurer;
“general insurer” means a UK insurer who carries on exclusively general business;
“long term business” means the business of effecting or carrying out a contract of long term insurance;
“long term business assets” means the assets of a composite insurer which are, or should properly be, apportioned to that insurer’s long term business F3...;
“long term business liabilities” means the debts of a composite insurer which are attributable to the long term business carried on by that insurer;
“long term insurer” means a UK insurer who—
- (a)
carries on long term business exclusively, or
- (b)
carries on long term business and permitted general business;
- (a)
“non-transferring composite insurer” means a composite insurer the long term business of which has not been, and is not to be, transferred as a going concern to a person who may lawfully carry out those contracts, in accordance with section 376(2) of the 2000 Act;
“other assets” means any assets of a composite insurer which are not long term business assets or general business assets;
“other business”, in relation to a composite insurer, means such of the business (if any) of the insurer as is not long term business or general business;
“permitted general business” means the business of effecting or carrying out a contract of general insurance where the risk insured against relates to either accident or sickness;
“preferential debt” means a debt falling into any of categories 4 or 5 of the debts listed in Schedule 6 to the 1986 Act or Schedule 4 to the 1989 Order, that is—
- (a)
contributions to occupational pension schemes, etc., and
- (b)
remuneration etc. of employees;
- (a)
“society” means—
In this Part, references to assets include a reference to proceeds where an asset has been realised, and any other sums representing assets.
References in paragraph (1) to a contract of long term or of general insurance must be read with—
section 22 of the 2000 Act;
any relevant order made under that section; and
Schedule 2 to that Act.
Annotations
Textual amendments
- F1
Words in reg. 17 omitted (31.12.2020) by virtue of The Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/38), regs. 1(3), 2(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in reg. 17 omitted (31.12.2020) by virtue of The Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/38), regs. 1(3), 2(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in reg. 17 omitted (31.12.2020) by virtue of The Credit Institutions and Insurance Undertakings Reorganisation and Winding Up (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/38), regs. 1(3), 2(9)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in reg. 17(1) substituted (1.8.2014) by The Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Consequential Amendments) Regulations 2014 (S.I. 2014/1815), reg. 1(2), Sch. para. 12(3)
Marginal citations
- M1
- M2
Notes on Part IV
Modifications
- C1
Pt. IV applied (with modifications) (10.8.2005) by The Insurers (Reorganisation and Winding Up) (Lloyd's) Regulations 2005 (S.I. 2005/1998), regs. 1, 40(1)-(11) (with reg. 32) (as amended by S.I. 2018/208, regs. 1(3), 10(10) (with reg. 21); S.I. 2019/755, regs. 1, 6(6))