s 43 Board may cancel insurance cover
43.—(1) If the Board has reason to believe that an insured person is incapacitated or suffering from serious illness on or before the date of commencement of his or her insurance cover under the Scheme, the Board may cancel the cover of that person under the Scheme and upon such cancellation that person ceases immediately to be insured under the Scheme. [6/2016] (2) All premiums paid by any person whose cover under the Scheme has been cancelled under subsection (1), together with the whole or such part, as the Board may determine, of the interest that would have been payable if the amount of such premiums had been standing to the credit of that person’s account in the Fund, must be refunded in such manner as may be prescribed by regulations made under this Part.[23/2012] (3) No refund is to be made under subsection (2) if the person has made or furnished to the Board any statement or fact that is false or misleading in a material particular. (4) This section applies only in relation to an insured person for whose insurance cover under the Scheme the Board remains liable to pay the insured sum by virtue of section 49A(2)(a). (5) Subsection (1) applies to a person’s insurance cover under the Scheme which commenced before, on or after 1 May 2016.[6/2016] (6) Where a person’s insurance cover under the Scheme —(a) was cancelled before 1 May 2016; and (b) could be cancelled under subsection (1) if it were still in force on that date, that cancellation is taken to be and always to have been validly made, and no legal proceedings lie or may be instituted or maintained in any court of law on account of or in respect of that cancellation. [6/2016]