The Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2000

• Citation: S.I. 2000/2104
• Sections: 19

Section 1 Citation, commencement and effect

(1) These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2000 and shall come into force on 23rd August 2000.

(2) Regulations 3(2), 4, 5, 6(2), (3) and (4), 7, 9, 10, 11, 13, 14, 15, 16, 17(2)(a) and (3), and 19(2), (3), (4) and (5) shall have effect in relation to policies or contracts made by, or, as the case may be, transferred to, an insurance company on or after 22nd August 2000.

(3) Regulation 3(3) and 12 shall have effect in relation to policies or contracts made by, or, as the case may be, transferred to, an insurance company on or after 8th November 1999.

(4) Regulations 8 and 19(6) shall have effect in relation to—

(a) accounting periods ending on or after 31st December 1999; or

(b) where an insurance company has so elected by written notice given to an officer of the Board on or before 31st December 1999, the first accounting period beginning on or after 1st October 1999 and ending after 31st December 1999 and subsequent accounting periods.

(5) Regulation 18 shall have effect in relation to cases occurring on or after 8th November 1999.

Section 2 Interpretation

In these Regulations—

“the Board” means the Commissioners of Inland Revenue;

“the principal Regulations ” means the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 ;

“regulation” means a regulation of the principal Regulations.

Section 3 Amendments to regulation 2

(1) Amend regulation 2 as follows.

(2) In paragraph (1)—

(a) for the definition of “beneficiary” substitute—

“beneficiary” has the meaning given by regulation 2 of the Excluded Business Regulations;

(b) after the definition of “company tax return” insert—

“excluded business” means business which is excluded from section 431D (as amended by section 108 of the Finance Act 2000 and from time to time) by the Excluded Business Regulations;

“the Excluded Business Regulations ” means the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000 ;

(c) omit the definition of “settlor”;

(d) for the definition of “term assurance business” substitute—

“term assurance business” means life assurance business in relation to which the policy or contract, or the underlying policy, is one which—

is for a specified term; and

is not capable of acquiring a surrender value that exceeds the amount of premiums paid;

(3) In paragraph (3) for “7” substitute “7A”.

(4) After paragraph (4) insert—

(5) Save where otherwise indicated, any reference in these Regulations to any of the provisions of section 431D is a reference to that provision as it had effect prior to the amendment of that section by section 108 of the Finance Act 2000.

Section 4 Amendments to regulation 5

(1) Amend regulation 5 as follows.

(2) In paragraph (1)(e) for “one to which section 431D(2) or (4) applies ” substitute “for excluded business”.

(3) In paragraph (1A)(d) for “for that business” to the end substitute “ is not for excluded business”.

Section 5 Amendments to regulation 7

(1) Amend regulation 7 as follows.

(2) In paragraph (2)(b) for “section 431D(5) applies” substitute “ the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.

(3) For paragraph (5) substitute—

(5) The declaration prescribed is a declaration that the policy or contract is not for excluded business.

(4) For paragraph (8) substitute—

(8) The certificate prescribed is a certificate stating that the circumstances are as set out in paragraph (1)(b) or (c), as the case may be, of regulation 5 of the Excluded Business Regulations.

(5) In paragraph (9) for “section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.

Section 6 Amendments to regulation 7A

(1) Amend regulation 7A as follows.

(2) For paragraph (3) substitute—

(3) The business shall be overseas life assurance business where the insurance company completes the certificate prescribed in paragraph (4) or (5) below.

(3) In paragraph (4)—

(a) in sub-paragraph (f) for “one to which section 431D(2) applies” substitute “ for excluded business”;

(b) omit sub-paragraph (g);

(c) in sub-paragraph (h) for “(g)” substitute “(f)”.

(4) For paragraph (5) substitute—

(5) The certificate prescribed is a certificate—

(a) showing the date on which it is given,

(b) stating the name of the policy holder,

(c) stating any unique identifying designation given to the policy or contract, and

(d) stating that to the best of the company’s knowledge and belief the policy or contract is for business of a description falling within regulation 7(b) of the Excluded Business Regulations.

(5) In paragraph (8)(b) for “a single document.” substitute “a single document,”.

Section 7 Amendments to regulation 8

(1) Amend regulation 8 as follows.

(2) In paragraph (2)(b) for “section 431D(5) applies” substitute “ the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.

(3) For paragraph (5) substitute—

(5) The declaration prescribed is a declaration that the policy or contract is not for excluded business.

(4) For paragraph (8) substitute—

(8) the certificate prescribed is a certificate stating that the circumstances are as set out in regulation 5(1)(b) or (c) of the Excluded Business Regulations.

(5) In paragraph (9) for “section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.

Section 8 Amendment to regulation 9

In regulation 9 in paragraph (3)(a) after “regulation 5(4)” insert “or (4A)”.

Section 9 Amendments to regulation 10

In regulation 10 in both paragraphs (3)(b) and (4)(b) for “ section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.

Section 10 Amendments to regulation 10A

(1) Amend regulation 10A as follows.

(2) In paragraph (2)(b) before “the undertaking” insert “where the cedant company has completed the certificate prescribed in regulation 7A(4), ”.

(3) In paragraph (4) for the words “paragraph (4) or (5) of regulation 7A, as the case may be,” substitute “regulation 7A(4)”.

Section 11 Amendments to regulation 11

In regulation 11 in both paragraphs (3) and (4)(b) for “section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.

Section 12 Amendment to regulation 12

In regulation 12 for “16” substitute “16A”.

Section 13 Amendments to regulation 14

(1) Amend regulation 14 as follows.

(2) In paragraph (2) for “paragraph (3)” substitute “paragraphs (3) and (3A)”.

(3) After paragraph (3) insert—

(3A) Subject to paragraph (3) above, where the policy is for term assurance business, the territory in which the policy holder was residing at the time the policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the policy was made or transferred.

(4) In paragraph (4) for “or (3)” substitute “, (3) or (3A)”.

Section 14 Amendments to regulation 14A

(1) Amend regulation 14A as follows.

(2) In paragraph (3)—

(a) for “paragraph (4) below” substitute “paragraphs (4), (4A) and (4B) below”;

(b) for “ paragraph (4) of regulation 7A” to the end substitute “regulation 7A(4) above”.

(3) After paragraph (4) insert—

(4A) Subject to paragraph (4) above, where the policy is for term assurance business, the territory in which the policy holder was residing at the time the policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the policy was made or transferred.

(4B) Where the policy or contract is for business of a description falling within regulation 7(b) of the Excluded Business Regulations, the territory in which the policy holder was residing at the time the policy or contract was made or transferred shall be the territory under the law of which the scheme mentioned in that regulation is established.

(4) In paragraph (5) for “or (4)” substitute “, (4), (4A) or (4B)”.

Section 15 Amendments to regulation 16

(1) Amend regulation 16 as follows.

(2) In paragraph (2) for “paragraph (3)” substitute “paragraphs (3) and (3A)”.

(3) After paragraph (3) insert—

(3A) Subject to paragraph (3) above, where the underlying policy is for term assurance business, the territory in which the policy holder was residing at the time the underlying policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the underlying policy was made or transferred.

(4) In paragraph (4) for “or (3)” substitute “, (3) or (3A)”.

Section 16 Amendments to regulation 16A

(1) Amend regulation 16A as follows.

(2) In paragraph (2)—

(a) for “paragraph (3)” substitute “paragraphs (3), (3A) and (3B)”;

(b) for “paragraph (4)” to the end substitute “regulation 7A(4) above”.

(3) After paragraph (3) insert—

(3A) Subject to paragraph (3) above, where the underlying policy is for term assurance business, the territory in which the policy holder was residing at the time the underlying policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the underlying policy was made or transferred.

(3B) Where the underlying policy is for business of a description falling within regulation 7(b) of the Excluded Business Regulations, the territory in which the policy holder was residing at the time the underlying policy was made or transferred shall be the territory under the law of which the scheme mentioned in that regulation is established.

(4) In paragraph (4) for “or (3)” substitute “, (3), (3A) or (3B)”.

Section 17 Amendments to regulation 18

(1) Amend regulation 18 as follows.

(2) In paragraph (1)(a)—

(a) in paragraph (ii) after “section 431D(5) applies” insert “, or where the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations,”;

(b) in paragraph (iii) for “7(A)(1)” substitute “7A(1)”.

(3) In paragraph (1)(e) for “that any of the requirements” to the end substitute

that—

any of the requirements of section 431D (other than those relating to where the policy holder is residing) was not fulfilled (notwithstanding its possession of any certificate, declaration or other document), or

the business was excluded business.

Section 18 Amendment to regulation 18A

In regulation 18A in paragraph (1)(b) after “5(4)” insert “or (4A)”.

Section 19 Amendments to regulation 19

(1) Amend regulation 19 as follows.

(2) In paragraph (1)(a) after “section 431D(5) applies” insert “, or the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations,”.

(3) In paragraph (1)(e) for “that any of the requirements” to end substitute

that—

any of the requirements of section 431D (other than those relating to where the policy holder is residing) was not fulfilled (notwithstanding its possession of any certificate, declaration or other document), or

the business was excluded business.

(4) In paragraph (3) for “paragraph (3A)” substitute “paragraphs (3A) and (3B)”.

(5) After paragraph (3A) insert—

(3B) Paragraph (3) above shall not apply where—

(a) the case concerned falls within paragraph (1)(e) above,

(b) the policy or contract fell within the description set out in regulation 7(c) of the Excluded Business Regulations when it was made or transferred, or the underlying policy fell within that description when it was made,

(c) the case falls within paragraph (1)(e) above by reason of the fact that, at some time that is more than three years after the date on which the policy or contract was made or transferred, or the underlying policy was made, the number of persons for or in respect of whom benefits were to be provided under the policy or contract, or the underlying policy, and who were not relevant overseas employees within the meaning of regulation 2 of the Excluded Business Regulations, became a not insignificant number (“the relevant number”) for the purposes of regulation 7(c) of those Regulations, and

(d) the relevant number has at no time exceeded the number which is equal to twenty per cent. of the total number of persons for or in respect of whom benefits are to be provided under the policy or contract or the underlying policy.

(6) In paragraph (5)(b) for “14(5), 15(5) or 16(5)” substitute “14(5), 14A(5), 15(5), 16(5) or 16A(5),”.