S.I. No. 296/1985:

EUROPEAN COMMUNITIES (LIFE ASSURANCE)(AMENDMENT) REGULATIONS, 1985.

EUROPEAN COMMUNITIES (LIFE ASSURANCE)(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 79/267/EEC*, hereby make the following Regulations:

* OJ No. L63, 13 March 1979, pp. 1-18.

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

2. The European Communities (Life Assurance) Regulations, 1984 ( S.I. No. 57 of 1984 ), are hereby amended by the insertion--

( a ) 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 ) of the following subarticle for subarticle (1) of article 35--

"35. (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.", and

( c ) of the following Articles after Article 36--

"Authorised Officers

37. (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 38 of these Regulations, shall, if requested by any person affected, produce the warrant to that person.

38. 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 records, books or documents 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 records, books or documents,

( 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.".

3. The European Communities (Life Assurance) Regulations, 1984 ( S.I. No. 57 of 1984 ), are hereby amended by the substitution in Regulation 8 (3) of "the 15th day of March, 1986" for "the 15th day of September, 1985".

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 (Life Assurance) Regulations, 1984, by providing for the appointment of authorised officers to investigate matters covered by the Regulations. Amendments are also made in relation to offences under the Regulations. The Regulations in addition extend to 15 March, 1986 the date specified in the 1984 Regulations (15 September, 1985) by which non-life insurance companies in the State must cease writing permanent health insurance (PHI). After this date PHI can only be written by an authorised life assurer in the State.