Motor Insurance Insolvency Compensation Act 2024
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Audit of certain uncompleted claims | ||
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17. (1) (a) The Minister shall, as soon as is practicable after the commencement of this section, by order, specify an amount (in this section referred to as the “relevant amount”) for the purposes of this section which he or she considers is an amount which is appropriate to trigger the auditing required by this section of claims under section 9 which exceed that amount but without, at the same time, causing undue interference with the day-to-day operations of the Compensation Body in dealing with claims under that section. | ||
(b) Subject to paragraph (c), the Compensation Body shall not, in respect of a claim under section 9 , make an offer of compensation which exceeds the relevant amount until the claim has been audited in accordance with this section. | ||
(c) Paragraph (b) shall not apply in respect of an offer of compensation the amount of which has been determined by an order of a court. | ||
(2) Subject to subsection (5), the Agency shall, as expeditiously as possible, audit each relevant claim. | ||
(3) (a) Subject to paragraph (c), the Agency and the Compensation Body shall each have the power to negotiate and conclude an agreement in writing between them as to the timing and extent of audits referred to in subsection (2). | ||
(b) Subject to paragraph (c), the Agency and the Compensation Body may amend the agreement referred to in paragraph (a) by a further agreement in writing negotiated and concluded between them. | ||
(c) The Agency shall not conclude an agreement referred to in paragraph (a) or (b) except with the consent of the Minister. | ||
(d) An agreement referred to in paragraph (a) or (b) may be combined with an agreement referred to in section 16 (2)(a) or (b). | ||
(4) The Minister may from time to time, by notice in writing given to the Agency, request the Agency to provide the Minister with such information relating to the performance of the Agency’s functions under this section as is specified in the notice and the Agency shall, as soon as is practicable after it has been given the notice, comply with that request. | ||
(5) An audit referred to in subsection (2) shall also extend to the costs and expenses incurred by the Compensation Body in performing its functions in relation to the relevant purposes in the case of each relevant claim. | ||
(6) In this section, “relevant claim” means a claim to which subsection (1) applies. |