Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 4th January, 2019. | ||
In exercise of the powers conferred on the Central Bank of Ireland (the “Bank”) by sections 43D and 43F of the Insurance Act 1989 (No. 3 of 1989), the Bank hereby makes the following regulations: | ||
1. (1) These Regulations may be cited as the Non-Life Insurance (Provision of Information) (Renewal of Policy of Insurance) (Amendment) Regulations 2018. | ||
(2) These Regulations come into operation on 1 November 2019. | ||
2. In these Regulations “Principal Regulations” means the Non-Life Insurance (Provision of Information) (Renewal of Policy of Insurance) Regulations 2007 ( S.I. No. 74 of 2007 ). | ||
3. The title of the Principal Regulations shall be substituted by the title “Non-Life Insurance (Provision of Information) Regulations 2007”. | ||
4. The Principal Regulations are amended by substituting for Regulation 1 the following Regulation: | ||
“1.These Regulations may be cited as the Non-Life Insurance (Provision of Information) Regulations 2007.” | ||
5. Regulation 3(1) of the Principal Regulations is amended— | ||
(a) by substituting for the definition of “insurance” the following definition: | ||
“ ‘insurance’ means an insurance of one or more of classes 1, 2, 3, 7, 8, 9, 10 and 13 specified in either of the following: | ||
(a) Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ); | ||
(b) Part A of Annex I to the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 );”, and | ||
(b) by substituting for the definition of “motor insurance” the following definition: | ||
“ ‘motor insurance’ means insurance of classes 3 (excluding land vehicles other than motor vehicles), and 10 (excluding carrier’s liability) as specified in either of the following: | ||
(a) Part 1 of Schedule 1 to the European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ); | ||
(b) Part A of Annex I to the European Communities (Non-Life Insurance) Framework Regulations of 1994 ( S.I. No. 359 of 1994 );”. | ||
6. Regulation 4 of the Principal Regulations is amended— | ||
(a) by deleting “the renewal of”, and | ||
(b) by substituting “entered into” for “that occurs”. | ||
7. Regulation 5(1) of the Principal Regulations is amended by substituting “20 working days” for “15 working days”. | ||
8. Regulation 6(1) of the Principal Regulations is amended— | ||
(a) by inserting after the words “in writing”, the words “without delay”, | ||
(b) by inserting after the words “specified in Regulations 5(1)”, the words “, where such time period is applicable”, | ||
(c) by inserting the following after Regulation 6(1)(c): | ||
“(d) the total premium for each policy option referred to in paragraph (1)(c), where applicable, provided the product options are available from that provider,”, | ||
(d) in paragraph (g) by inserting before the word “changes” the words “the terms of the policy including any restrictions or limitations or, in the case of a renewal of a policy, any”, | ||
(e) by renumbering Regulations 6(1)(d) to (i) as Regulations 6(1)(e) to (j). | ||
9. Regulation 6(2) of the Principal Regulations is amended by substituting “paragraph 1(j)” for “paragraph 1(i)”. | ||
10. The Principal Regulations are amended by inserting the following after Regulation 6(2): | ||
“(3) Regulation 6(1) does not apply to a policy of motor insurance that is a mid-term adjustment of an existing policy. | ||
(4) In addition to the information to be provided under Regulation 6(1), an insurer shall, in respect of a policy of private motor insurance to be renewed, include, on the same page as the renewal premium is first set out, the following information: | ||
(a) the premium paid in the previous year, or | ||
(b) where applicable, following any mid-term adjustment made to the policy in the previous year— | ||
(i) the provision of an annualised premium figure for the previous year excluding fees or charges applied as a result of that adjustment, and | ||
(ii) a statement indicating that the annualised premium figure shown may not reflect the actual premium paid in the previous year. | ||
(5) Without prejudice to Regulation 6(1), where immediate cover is required, the information referred to in Regulations 6(1)(a) to (j) and (4) may be notified to a potential client or a client in writing immediately after the product has been provided.” | ||
11. Regulation 7(b) of the Principal Regulations is amended by deleting the word “applicable” and by inserting after the words “Regulation 5(1)” the words “,where such time period is applicable”. | ||
12. Regulation 9 of the Principal Regulations is amended by deleting the word “applicable” and by inserting after the words “Regulation 5(1)” the words “where such time period is applicable”. | ||
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Signed for and on behalf of the Central Bank of Ireland on | ||
19 December 2018. | ||
DERVILLE ROWLAND, | ||
Director General Financial Conduct. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation) | ||
The purpose of these Regulations is to amend the Non-Life Insurance (Provision of Information) (Renewal of Policy of Insurance) Regulations 2007 ( S.I. No. 74 of 2007 ). |