34 1981

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Number 34 of 1981


INSURANCE ACT, 1981


ARRANGEMENT OF SECTIONS

Section

1.

Power of Irish Life Assurance Company Limited to alter its memorandum of association.

2.

Amendment of section 2 (3) of Insurance Act, 1953.

3.

Amendment of section 2 of Insurance (Amendment) Act, 1978.

4.

Short title and collective citation.


Acts Referred to

Insurance Acts, 1909 to 1978

Insurance Act, 1953

1953, No. 7

Insurance (Amendment) Act, 1938

1938, No. 31

Insurance (Amendment) Act, 1978

1978, No. 30

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Number 34 of 1981


INSURANCE ACT, 1981


AN ACT TO AMEND THE INSURANCE ACTS, 1909 TO 1978. [23rd December, 1981]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Power of Irish Life Assurance Company Limited to alter its memorandum of association.

1. —(1) In this section “the Permanent Company” means Irish Life Assurance Company Limited.

(2) Notwithstanding anything contained in section 14 (2) of the Insurance (Amendment) Act, 1938 , or in clause 7 (b) of the Agreement set out in the Schedule to that Act (and referred to in that Act as “the Scheduled Agreement”), the Permanent Company may alter its memorandum of association so as to provide for—

(a) the carrying on of business in any of the classes of insurance referred to in the Annex to Council Directive 79/267/EEC11 by the Permanent Company, or by a subsidiary company or subsidiary companies of the Permanent Company not authorised to carry on business in any of the classes of insurance referred to in the Annex to Council Directive 73/239/EEC22 ,

(b) the promotion or acquisition by the Permanent Company of a company formed and registered in the State or a company, or companies, formed and registered outside the State for the purpose of carrying on business in any or all of the classes of insurance referred to in the Annex to Council Directive 73/239/EEC2, and

(c) the deletion from the memorandum of association of the provisions complying with clauses 7 (b) (ii) to 7 (b) (iv) of that Schedule.

Amendment of section 2 (3) of Insurance Act, 1953.

2. Section 2 (3) of the Insurance Act, 1953 , is hereby amended by the substitution of “£300,000,000” for “one-hundred million pounds” (inserted by the Insurance (Amendment) Act, 1978 ), and that section, as so amended, is set out in the Table to this section.

TABLE

(3) The aggregate amount of the liability at any time of the Minister in respect of arrangements under this section shall not exceed £300,000,000.

Amendment of section 2 of Insurance (Amendment) Act, 1978.

3. Section 2 (1) (a) (ii) (C) of the Insurance (Amendment) Act, 1978 , is hereby amended by the substitution of “primary” for “sole”, and that section as so amended, is set out in the Table to this section.

TABLE

(C) to secure the due payment or repayment by a person on foot of a contract of a sum of money (including interest) which is certain or ascertainable (and whether in the currency of the State or in any other currency), the said payment or repayment being the primary obligation of the person under the contract, or

Short title and collective citation.

4. —(1) This Act may be cited as the Insurance Act, 1981.

(2) The Insurance Acts, 1909 to 1978, and this Act may be cited together as the Insurance Acts, 1909 to 1981.

OJL63, 13.3.1979, pp 1-18.

OJL228, 16.8.1973, pp 3-19.