Paragraph 5

England, Wales and Scotland

F1(1)

Any payment made to the injured person by an F2insurer under the terms of any contract of insurance entered into between the injured person and F3the insurer before—

(a)

the date on which the injured person first claims a listed benefit in consequence of the disease in question, or

(b)

the occurrence of the accident or injury in question.

F4(2)

“Insurer” means—

(a)

a person who has permission under F5Part 4A of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance; or

F6(b)

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

(3)

Sub-paragraph (2) must be read with—

(a)

section 22 of the Financial Services and Markets Act 2000;

(b)

any relevant order under that section; and

(c)

Schedule 2 to that Act.

Annotations

Textual amendments

F1: Sch. 1 para. 5 re-numbered as Sch. 1 para. 5(1) (1.12.2001) by S.I. 2001/3649, arts. 1, 358(2)
F2: Word in Sch. 1 para. 5(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(3)(a)
F3: Word in Sch. 1 para. 5(1) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(3)(b)
F4: Sch. 1 para. 5(2)(3) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 358(4)
F5: Words in Sch. 1 para. 5(2)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 84 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F6: Sch. 1 para. 5(2)(b) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 34 (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Schedule 1

Modifications

C1: Sch. 1 applied (with modifications) (1.10.2008) by Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008 (S.I. 2008/1596), regs. 1(1), 2, Sch. 1 (with reg. 6)

Notes on Part I

Textual amendments

F1: Words in Sch. 1 Pt. I inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 140; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4