S.I. No. 297/1985 - European Communities (Non-Life Insurance) (Amendment) Regulations, 1985.

S.I. No. 297 of 1985.

EUROPEAN COMMUNITIES (NON-LIFE INSURANCE) (AMENDMENT) REGULATIONS, 1985.

I, JOHN BRUTON, Minister for Industry, Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and the Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 384 of 1983 ), and for the purpose of giving effect to Council Directive No. 73/239/EEC*, hereby make the following Regulations:

* O.J. No. L228, 16.8.1973, pages 3-19.

1. These Regulations may be cited as the European Communities (Non-Life Insurance) (Amendment) Regulations, 1985, and shall come into operation on the 9th day of September, 1985.

2. The European Communities (Non-Life Insurance) Regulations, 1976 ( S.I. No. 115 of 1976 ), are hereby amended by

( a ) the insertion of the following definition in Article 2 after the definition of "authorisation"—

" 'authorised officer' means a person appointed by the Minister to be an authorised officer for the purposes of these Regulations;",

( b ) the substitution of the following Article for Article 33—

"33. (1) A person who fails to comply with any provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £800.

(2) Where an offence under these Regulations 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, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(3) A prosecution for an offence under these Regulations may be brought by the Minister.", and

( c ) the insertion of the following Articles after Article 33—

"Fees

34. An application to the Minister for an authorisation shall be in writing and shall be sent by post to or left with the Secretary of the Department of Industry, Trade, Commerce and Tourism, Dublin and shall be accompanied by

( a ) in the case where the application is by an undertaking mentioned in Article 9(a) of these Regulations, a fee of £1,000, and

( b ) in the case where the application is by an insurance undertaking mentioned in Articles 9(b), 9(c) or 25 of these Regulations, a fee of £500.

Authorised Officers

35. (1) The Minister may appoint such and so many of his officers as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) Every authorised officer shall be furnished with a warrant of his appointment as an authorised officer, and, when exercising any power conferred on an authorised officer by Regulation 36 of these Regulations, shall, if requested by any person affected, produce the warrant to that person.

36. An authorised officer shall have power—

( a ) to enter at all reasonable times any premises in which he has reasonable grounds for believing that there are any books, documents or records relating to the issue of any policy, bond, certificate, or other instrument of insurance, or to the acceptance of any premium in respect of a policy, bond, certificate, or other instrument of insurance,

( b ) to require any person employed in the premises to produce to him any books, documents or records which are in such person's control, possession or procurement and which such officer has reasonable grounds for believing to be books, documents or records relating to the issue of any policy, bond, certificate, or other instrument of insurance, and to give him such information as he may reasonably require in regard to any entries in any such books, documents or records,

( c ) to inspect any book, record or other document produced in pursuance of a requirement under this Regulation and, if he thinks fit, copy any entry in such record, book or document.".

GIVEN under my Official Seal, this 6th day of September, 1985.

JOHN BRUTON,

Minister for Industry, Trade, Commerce

and Tourism.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Non-Life Insurance) Regulations, 1976, insofar as fines and prosecutions are concerned. Provision is made for the appointment of authorised officers to investigate matters covered by the Regulations. The fees for applications for authorisation as an insurance company are also increased by these Regulations.