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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Compensation Act 2006 (Contribution for Mesothelioma Claims) Regulations 2006 No. 3259 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063259.html |
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Made | 6th December 2006 | ||
Coming into force in accordance with regulation 1(1) |
(3) Subject to paragraph (2), expressions used in these Regulations shall have the same meaning as the same expressions used in FSMA and in the FSCS Transitional Order.
Amendments to the FSCS Transitional Order
2.
—(1) The FSCS Transitional Order is amended as follows.
(2) In article 9(1)(a) (article 9 defaults occurring before commencement) after "subject to article" insert "9A or".
(3) After article 9 insert—
(2) Compensation may be paid to a responsible person ("A") by the scheme manager only where and to the extent that—
(3) The Authority may make rules modifying the new scheme to enable the scheme manager to receive, assess, determine and make payments in respect of applications for compensation from responsible persons and give guidance in relation to those rules.
(4) Such rules may, in particular, permit—
(5) Where payment is made to a victim by a responsible person by virtue of rules made under this article, articles 9, 10 and 12 do not apply.
(6) In this article—
(7) In this article, "responsible person" has the same meaning as in section 3 of the Compensation Act 2006 and, except for in paragraph (2)(b) and in the definition of "claimant", includes an insurer of a responsible person.
(8) The power granted to the Authority in this article is in addition, and without prejudice, to any other power of the Authority."
(4) At the beginning of article 10(1) (applications in respect of compulsory liability insurance) for "A" substitute "Subject to article 9A, a".
(5) At the beginning of article 12(1) (applications under the new scheme) for "Notwithstanding" substitute "Subject to article 9A, notwithstanding".
Further power for Authority to make rules concerning mesothelioma claims
3.
—(1) This Regulation applies where—
(5) In paragraph (2)(b) "insurer" means an authorised person who has permission to effect or carry out contracts of insurance, or had permission at the time the act or omission giving rise to the claim against him took place.
(6) In this Regulation "claimant" means a victim or a responsible person.
(7) Except in paragraph (2)(b) and in the definition of "claimant", in this Regulation "responsible person" includes an insurer of a responsible person.
(8) The power granted to the Authority in this Regulation is in addition, and without prejudice, to any other power of the Authority.
Modification of FSMA in relation to FSA rules for mesothelioma claims
4.
On the first occasion on which the Authority proposes to make rules or give any guidance concerning claims of the type referred to in section 3(7) of the Act, sections 155 and 157(3) of FSMA do not apply to the proposed rules or guidance.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty's Treasury
6th December 2006
[2] The expression "transitional compensation provision" is defined in section 3(10)(b) of the Compensation Act 2006.back
[4] S.I. 2001/2967 to which there are amendments not relevant to these Regulations.back
© Crown copyright 2006