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Regulation 9 Notification of relevant decision to the FCA and, if the insurer is a PRA-authorised person, the PRAF4C1

United Kingdom

(1)

Where on or after F13rd March 2004 the court makes a decision, order or appointment of any of the following kinds—

(a)

an administration order under paragraph 13 of Schedule B1 M1F2, or paragraph 14 of Schedule B1 to the 1989 Order;

(b)

a winding up order under section 125 of the 1986 Act or Article 105 of the 1989 Order;

(c)

the appointment of a provisional liquidator under section 135(1) of the 1986 Act or Article 115(1) of the 1989 Order;

(d)

an interim order under paragraph 13(1)(d) of Schedule B1 F3or paragraph 14(1)(d) of Schedule B1 to the 1989 Order;

(e)

a decision to reduce the value of one or more of the insurer’s contracts, in accordance with section 377 of the 2000 Act,

it must immediately inform the FCA and, if the insurer is a PRA-authorised person, the PRA, or cause the FCA and, if the insurer is a PRA-authorised person, the PRA to be informed of the decision, order or appointment which has been made.

(2)

Where a decision with respect to the approval of a voluntary arrangement has effect, and the arrangement which is the subject of that decision is a qualifying arrangement, the supervisor must forthwith inform the FCA and, if the insurer is a PRA-authorised person, the PRA of the arrangement.

(3)

Where a liquidator is appointed as mentioned in section 100 of the 1986 Act, paragraph 83 of Schedule B1F5, paragraph 84 of Schedule B1 to the 1989 Order or Article 86 of the 1989 Order (appointment of liquidator in a creditors' voluntary winding up), the liquidator must inform the FCA and, if the insurer is a PRA-authorised person, the PRA forthwith of his appointment.

(4)

Where in the case of a members' voluntary winding up, section 95 of the 1986 Act (effect of company’s insolvency) or Article 81 of the 1989 Order applies, the liquidator must inform the FCA and, if the insurer is a PRA-authorised person, the PRA forthwith that he is of that opinion.

F6(6)

Paragraphs (1), (2) and (3) do not require the FCA to be informed in any case where the FCA was represented at all hearings in connection with the application in relation to which the decision, order or appointment is made.

(6A)

Paragraphs (1), (2) and (3) do not require the PRA to be informed in any case where the PRA was represented at all hearings in connection with the application in relation to which the decision, order or appointment is made.

(7)

For the purposes of paragraph (2), a “qualifying arrangement” means a voluntary arrangement which—

(a)

varies the rights of creditors as against the insurer and is intended to enable the insurer, and the whole or any part of its undertaking, to survive as a going concern; or

(b)

includes a realisation of some or all of the assets of the insurer and distribution of the proceeds to creditors, with a view to terminating the whole or any part of the business of that insurer.

(8)

An administrator, supervisor or liquidator who fails without reasonable excuse to comply with paragraph (2), (3), or (4) (as the case may be) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations

Textual amendments

F1

Words in reg. 9(1) substituted (3.3.2004) by virtue of The Insurers (Reorganisation and Winding Up) (Amendment) Regulations 2004 (S.I. 2004/546), regs. 1, 2(2)

F2

Words in reg. 9(1)(a) added (6.4.2007) by The Insurers (Reorganisation and Winding Up) (Amendment) Regulations 2007 (S.I. 2007/851), regs. 1, 2(5)(a)

F3

Words in reg. 9(1)(d) added (6.4.2007) by The Insurers (Reorganisation and Winding Up) (Amendment) Regulations 2007 (S.I. 2007/851), regs. 1, 2(5)(b)

F4

Words in reg. 9 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 88(c)

F5

Words in reg. 9(3) inserted (6.4.2007) by The Insurers (Reorganisation and Winding Up) (Amendment) Regulations 2007 (S.I. 2007/851), regs. 1, 2(6)

F6

Reg. 9(6)(6A) substituted for reg. 9(6) (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 88(d)

Marginal citations

M1

Part II of the 1986 Act was applied to insurers by S.I. 2002/1242, article 3, as amended by S.I. 2003/2134 articles 2 and 4 and regulation 53 of these Regulations.

Modifications

C1

Reg. 9 modified (10.8.2005) by The Insurers (Reorganisation and Winding Up) (Lloyd's) Regulations 2005 (S.I. 2005/1998), regs. 1, 33 (with reg. 32)