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Section 9 Limits on the duties of the Board under sections 6 to 8.

United Kingdom

(1)

The Board shall not by virtue of any provision of sections 6 to 8 above be required to secure any sum for a policyholder in respect of a policy of a company in liquidation which was a United Kingdom policy at the beginning of the liquidation or (as the case may be) for a person entitled to the benefit of a judgment by reference to any liability (or any part of any liability) of a company in liquidation which is duplicated by the liability of any other authorised insurance company which is not a company in liquidation.

(2)

A liability of a company towards a policyholder is duplicated by the liability of another company for the purposes of subsection (1) above in so far as that other company is also under a liability, under the terms of any general policy which was a United Kingdom policy at the beginning of the first-mentioned company’s liquidation, to make any payment to or on behalf of the policyholder in respect of the matter to which the liability of the first-mentioned company relates.

(3)

A liability of a company in respect of a sum payable under section 149 of the M1Road Traffic Act 1972 F1section 151 of the Road Traffic Act 1988 or F2Article 98 of the Road Traffic (Northern Ireland) Order 1981 to a person entitled to the benefit of a judgment is duplicated by the liability of another company for the purposes of subsection (1) above in so far as that other company is also liable under either F3that section or that Article to pay any sum to that person in respect of the same judgment.

Annotations

Textual amendments

F1

Words inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 4, 5, Sch. 3 para. 14(3), Sch. 4 paras. 1, 2

F2

Words substituted by S.I. 1981/160, art. 6(c)(i)

F3

Words substituted by S.I. 1981/160, art. 6(c)(ii)

Marginal citations

M1

1972 c. 20.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 3(1)(a)

Act continued for certain purposes (subject to modifications) (1.12.2001) by S.I. 2001/2967, arts. 1(2), 9, 11, Sch. 1 Pt. I; S.I. 2001/3538, art. 1(2)

Notes on Duties of the Board in case of companies and friendly societies in liquidation

Textual amendments

F1

Words in cross heading preceding s. 5 inserted (prosp.) by Friendly Societies Act 1992 (c. 40), ss. 97, 126(2), Sch. 17 para. 4 (with ss. 7(5), 93(4))