S.I. No. 178/1978 - European Communities (Insurance Agents and Brokers) Regulations, 1978.

S.I. No. 178 of 1978.

EUROPEAN COMMUNITIES (INSURANCE AGENTS AND BROKERS) REGULATIONS, 1978.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 77/92/EEC¹, hereby make the following Regulations:

¹ OJ No. L 26, 31.1.1977, pp. 14-19.

1. These Regulations may be cited as the European Communities (Insurance Agents and Brokers) Regulations, 1978, and shall come into operation on the 30th day of June, 1978.

2. (1) In these Regulations—

"certificate" means a certificate of the type referred to in Article 9 of the Directive;

"the Committee" has the meaning assigned to it by Regulation 3;

"the Directive" means Council Directive No. 77/92/EEC¹;

¹ OJ No. L 26, 31.1.1977, pp. 14-19.

"the Minister" means the Minister for Industry, Commerce and Energy.

(2) A word or expression that is used in these Regulations and is also used in the Directive has the meaning in these Regulations that it has in the Directive, unless the contrary intention appears.

3. (1) There shall be established as soon as practicable a body which shall be known as the Insurance (Agents and Brokers) Certification Committee of Ireland and is referred to in these Regulations as the "the Committee".

(2) The members of the Committee shall be appointed by the Minister and shall hold Office for such period as he shall determine.

(3) The Committee shall consist of a chairman and six ordinary members.

(4) One member of the Committee shall be nominated by the Minister and the remaining six by such bodies as the Minister considers representative of the insurance industry.

(5) The chairman of the Committee shall be chosen annually by the Committee from the six members nominated by the bodies referred to in paragraph (4).

(6) The Committee may perform its functions notwithstanding any vacancy on the Committee.

4. The functions of the Committee shall be—

( a ) to receive and consider applications for the issue of certificates from persons proposing to carry on in another member State an activity to which, by virtue of Article 2 of the Directive, the Directive applies, and

( b ) where it is satisfied that the relevant conditions laid down in Articles 4 to 8 of the Directive are complied with by such persons, to issue certificates to them.

5. For the purpose of effectively performing its functions, the Committee shall establish and maintain a register containing the name, address and any other particulars considered necessary by the Committee of each person to whom a certificate has been issued by the Committee.

6. The Committee shall make a report every three months to the Minister of the proceedings of the Committee, giving details of any case in which, during the period to which the report relates, it has refused to issue a certificate and stating the reason for its refusal.

7. (1) The Committee shall, with the consent of the Minister, regulate its own procedure.

(2) The Committee may require a person seeking a certificate—

( a ) to furnish to the Committee any information reasonably required by it to satisfy itself that the person fulfils the appropriate conditions laid down in Articles 4 to 8 of the Directive, and

( b ) to appear in person before the Committee for the purpose of furnishing any such information.

(3) Where the Committee considers it necessary for the purpose of effectively performing its functions, it may cause to be drawn up and published—

( a ) a standard application form for use by persons seeking a certificate, and

( b ) a standard certification form.

8. (1) Any person who is not the holder of a certificate but who holds himself out as such holder, or any person who, when required under Regulation 7(2) to furnish information to the Committee, furnishes false information, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(2) Where an offence under this Regulation is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of a director, manager, secretary or other officer of the body corporate, the director, manager, secretary or other officer or any person purporting to act in such capacity shall also be deemed to have committed the offence and he, as well as the body corporate, shall be deemed to be guilty of the offence.

9. Where for the purpose of Article 10 of the Directive proof of good repute or that a person has not previously been declared bankrupt (or proof both of good repute and that there has been no such declaration) is required of an Irish citizen by another member State, the authenticity of the relevant declaration of such proof shall be attested by a notary public.

GIVEN under my Official Seal this 29th day of June, 1978.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive of the European Communities of 13th December, 1976 (77/92/EEC). The Regulations provide for the setting up of a Committee to certify the experience of Insurance Agents and Brokers wishing to operate in member States of the community which require Agents or Brokers to have certain experience.