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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2007 No. 846

FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers)(Northern Ireland) Order 2007

  Made 14th March 2007 
  Laid before Parliament 15th March 2007 
  Coming into force 6th April 2007 

The Treasury, in exercise of the powers conferred by sections 360, 426 and 428(3) of the Financial Services and Markets Act 2000[1], with the consent of the Secretary of State, makes the following Order:

Citation, commencement and interpretation
     1. —(1) This Order may be cited as the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers)(Northern Ireland) Order 2007 and comes into force on 6th April 2007.

    (2) In this Order—

Modification of Part III of the 1989 Order in relation to insurers
     2. Part III of the 1989 Order (administration), other than paragraph 15 of Schedule B1 (power of holder of a floating charge to appoint administrator) and paragraph 23 of Schedule B1 (power of company or directors to appoint administrator) applies in relation to insurers with the modifications specified in the Schedule to this Order, and accordingly paragraph 10(2) of Schedule B1 to the 1989 Order does not preclude the making of an administration order in relation to an insurer.

Modification of the Insolvency Rules (Northern Ireland) 1991 in relation to insurers
    
3. The 1991 Rules, so far as they give effect to Part III of the 1989 Order, have effect in relation to insurers with the modification that in Rule 2.012(1) of the 1991 Rules (the hearing), there is inserted after sub-paragraph (a) the following sub-paragraph—

Mutual credit and set-off
    
4. Where an insurer, in relation to which an administration order has been made subsequently goes into liquidation, sums due from the insurer to another party are not to be included in the account of mutual dealings rendered under rule 4.096 of the 1991 Rules (mutual credits and set-off) if, at the time they became due, an administration application had been made under paragraph 13 of Schedule B1 to the 1989 Order in relation to the insurer.

Revocation and saving
    
5. —(1) The Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers)(Northern Ireland) Order 2005[4] is revoked.

    (2) Paragraph (1) and articles 2 to 4 (including the modifications set out in the Schedule) do not apply in relation to any case where a petition for an administration order has been presented to the High Court before the coming into force of this Order.

Amendment to the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001
     6. The first table (modifications to the Policyholders Protection Act) in Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001[5] is amended as follows—


Frank Roy

Alan Campbell
Two of the Lords Commissioners of Her Majesty's Treasury

14th March 2007



I consent


Peter Hain
One of Her Majesty's Principal Secretaries of State

Northern Ireland Office
14th March 2007



SCHEDULE
Article 2

MODIFICATIONS OF PART III OF THE 1989 ORDER IN RELATION TO INSURERS
     1. In paragraph 50(4) of Schedule B1 to the 1989 Order (administrator's proposals)—

     2. In paragraph 54(2) of Schedule B1 to the 1989 Order (business and result of initial creditors' meeting) in paragraph (b) after "the registrar," add, "(ba) the Financial Services Authority,".

     3. In paragraph 55(2)(b) of Schedule B1 to the 1989 Order (revision of the administrator's proposals), after "creditor" insert "and the Financial Services Authority".

     4. In paragraph 77(1) of Schedule B1 to the 1989 Order (automatic end of administration), for "one year" substitute "30 months".

     5. In paragraph 77(2)(b) of Schedule B1 to the 1989 Order (extension of administrator's term of office by consent) for "6" substitute "12".

     6. In paragraph 80(1) of Schedule B1 to the 1989 Order (court ending administration on application of administrator), after the first reference to "company" insert "or the Financial Services Authority".

     7. In paragraph 92(1) of Schedule B1 (supplying vacancy in office of administrator)—

     8. —(1) The powers of the administrator referred to in Schedule 1 to the 1989 Order (powers of administrator or administrative receiver) include the power to make—

    (2) Any payments to a creditor made pursuant to sub-paragraph (1) must not exceed, in aggregate, the amount which the administrator reasonably considers that the creditor would be entitled to receive on a distribution of the insurer's assets in a winding up.

    (3) The powers conferred by sub-paragraph (1) may be exercised until an initial creditors' meeting but may only be exercised thereafter—

    (4) The information referred to in sub-paragraph (3)(a) is an estimate of the aggregate amount of—

including any assumptions which the administrator has made in calculating that estimate.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order applies Part III of the Insolvency (Northern Ireland) Order 1989, S.I. 1989 No. 2405 (N.I. 19) as amended by the Insolvency (Northern Ireland) Order 2005, S.I. 2005 No. 1455 (N.I. 10) ("the 2005 Order"), with modifications, to insurers. It also applies, again with modifications, the Insolvency Rules (Northern Ireland) 1991, S.R. 1991 No. 364, as they are amended by the Insolvency (Amendment) Rules (Northern Ireland) 2006, S.R. 2006 No. 47. These changes reflect the changes made to the administration procedure by the 2005 Order.

The order permits insurers to enter into administration via the making of an administration order by the High Court.

As is presently the case where an insurer which has been in administration goes into liquidation sums due from the insurer to another party are not subject to the set off rule where at the time they became due an administration application has been made.

The modifications in relation to insurers made to the administration procedure by this Order also include—

This Order also amends the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001 so that cases dealt with by the Financial Services Compensation Scheme relating to insurers in provisional liquidation or in financial difficulties are not affected (for the purposes of sections 15 and 16 of the Policyholders Protection Act 1975) by administration orders made in relation to those insurers.

No Regulatory Impact Assessment has been prepared for this instrument as these amendments are consequential on the changes made to the administration procedure in Northern Ireland by the 2005 Order. A Regulatory Impact Assessment was prepared for the 2005 Order and was placed in the library of each House of Parliament. Copies can be obtained from the Insolvency Service Fermanagh House, Ormeau Avenue, Belfast, BT2 8NJ or from the Service's web-site at
www.insolvencyservice.detini.gov.uk.


Notes:

[1] 2000 c. 8.back

[2] S.I. 1989/2405 (N.I.19), amended by S.I. 2005/1455 (N.I. 10); there are other amending instruments but none is relevant.back

[3] S.R. (N.I.) 1991 No 364; amended by S.R. (N.I.) 2006 No 47; there are other amending instruments but none is relevant.back

[4] S.I. 2005/1644.back

[5] S.I. 2001/2967; amended by S.I. 2003/2134; there is another amending instrument but it is not relevant.back



ISBN 978 0 11 076697 3


 © Crown copyright 2007

Prepared 21 March 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20070846.html