| Statutory Instrument 1997 No. 2781 The Transfer of Functions (Insurance) Order 1997 - continued |
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1. The Insurance Companies Act 1982 shall be amended as follows. 2. In section 3(1) for "Secretary of State" there shall be substituted "Treasury". 3. In section 5 -
(b) in subsection (1) -
(ii) in paragraph (b) for "he is" there shall be substituted "the Treasury are";
(c) in subsection (1A) for "him" there shall be substituted "the Treasury";
(ii) in paragraph (b) for "the Secretary of State of his functions" there shall be substituted "the Treasury or the Secretary of State of their functions"; and
(e) in subsection (2) -
(ii) for "he", in the second place it occurs, there shall be substituted "they".
4.
In sections 6 and 7 for "Secretary of State", in each place it occurs, there shall be substituted "Treasury".
(b) in subsection (3)(a) for "he is" there shall be substituted "they are".
6.
In section 9 -
(b) in subsection (1) for "he is" there shall be substituted "the Treasury are".
7.
In section 11 -
(b) in subsection (2)(b) for "he" there shall be substituted "the Treasury"; (c) in subsection (3) for "his" there shall be substituted "their"; (d) in subsection (5) for "he considers" there shall be substituted "the Treasury consider"; and (e) in subsection (6) for "issues" there shall be substituted "issue".
8.
In section 12 -
(b) in subsection (1) -
(ii) in paragraph (b) for "Department of Trade" there shall be substituted "Treasury";
(c) in subsection (2) -
(ii) in paragraph (b) for "Department of Trade" there shall be substituted "Treasury";
(d) in subsection (5) for "is" there shall be substituted "are"; and
9.
In section 12A -
(b) in subsection (3) -
(ii) in paragraph (b) for "Department of Trade and Industry" there shall be substituted "Treasury";
(c) in subsection (4) -
(ii) in paragraph (b) for "Department of Trade and Industry" there shall be substituted "Treasury"; and
(d) in subsection (7) for "issues" there shall be substituted "issue".
10.
In section 13 -
(b) in subsection (2A) for "him" there shall be substituted "the Treasury".
11.
In section 19(2) for "Secretary of State", in both places it occurs, there shall be substituted "Treasury".
(ii) for "him" there shall be substituted "them", and (iii) after "functions of the" there shall be inserted "Treasury or, as the case may be,";
(b) in subsection (2) -
(ii) after "communicated to the" there shall be inserted "Treasury or", and (iii) after "matter to" there shall be inserted "the Treasury or, as the case may be,";
(c) in subsection (3) after "communicated to" there shall be inserted "the Treasury or"; and
13.
In section 22 -
(b) in subsection (1) for "he thinks" there shall be substituted "they think"; and (c) in subsection (5) for "him" and for "he" there shall be substituted "the Treasury".
14.
In sections 23 and 24(1) for "Secretary of State", in each place it occurs, there shall be substituted "Treasury".
(b) in subsection (5) for "he thinks" there shall be substituted "they think".
16.
In section 26 -
(b) in subsection (3) -
(ii) for "he thinks" there shall be substituted "they think".
17.
In section 29(3) for "Secretary of State" there shall be substituted "Treasury".
(b) in paragraph (b) for "he" there shall be substituted "the Treasury".
19.
In section 32(4) -
(b) in paragraph (a) for "him" there shall be substituted "them"; and (c) in paragraph (b) for "considers" there shall be substituted "consider".
20.
In section 33 -
(b) in subsection (1) for "him" there shall be substituted "them"; and (c) in subsection (2) -
(ii) for "him" there shall be substituted "the Treasury".
21.
In section 34A(4) for "Secretary of State considers" there shall be substituted "Treasury consider".
(b) in subsection (2) -
(ii) in paragraph (aa), paragraph (b) and paragraph (c) for "him", in each place it occurs, there shall be substituted "the Treasury", (iii) in paragraph (d) for "he is" and "he considers" there shall be substituted "the Treasury are" and "the Treasury consider" respectively, (iv) in paragraph (e) for "he" there shall be substituted "the Treasury", and (v) in paragraph (f) for "him" there shall be substituted "the Treasury";
(c) in subsection (3)(a) for "has" there shall be substituted "have";
(ii) for "has" there shall be substituted "have"; and
(j) after subsection (8) there shall be added -
(ii) in paragraph (c), the first reference to the Treasury shall be construed as a reference to the Secretary of State, and (iii) paragraphs (d) to (f) shall not apply;
(b) in subsections (4) and (4A), the references to the Treasury shall be construed as references to the Secretary of State;
23.
In sections 38 and 39 for "Secretary of State", in each place it occurs, there shall be substituted "Treasury".
(b) in subsection (1) for "him" there shall be substituted "the Treasury".
25.
In section 40A -
(b) in subsection (2) for "his" there shall be substituted "their".
26.
In section 41 for "Secretary of State" there shall be substituted "Treasury".
(b) in subsection (4) for "he" there shall be substituted "they".
28.
In section 43 -
(b) for "him", in each place it occurs, there shall be substituted "them".
29.
In section 43A(1) for "Secretary of State", in each place it occurs, there shall be substituted "Treasury".
(b) in subsection (1) -
(ii) for "he so requires" there shall be substituted "the Treasury so require";
(c) in subsection (2)(a) for "he", in both places it occurs, there shall be substituted "the Treasury";
(ii) for "has" there shall be substituted "have";
(e) in subsection (3) -
(ii) for "him", in the second place it occurs, there shall be substituted "them or, as the case may be, him"; and
(f) after subsection (6) there shall be added -
31.
In section 44A -
(b) in subsection (2)(b) for "has" there shall be substituted "have"; and (c) after subsection (8) there shall be added -
32.
In section 45 -
(b) in subsection (1) for "him" there shall be substituted "the Treasury"; and (c) in subsection (2)(a) for "has" there shall be substituted "have".
33.
In section 46 -
(b) in subsection (1) -
(ii) in paragraph (a) for "is", in the first place it occurs, there shall be substituted "are", (iii) in paragraph (a) for "he is" there shall be substituted "they are", and (iv) in paragraph (b) for "Department of Trade" there shall be substituted "Treasury";
(c) in subsection (2) -
(ii) for "he", in the first place it occurs, there shall be substituted "they", and (iii) in paragraph (b) for "he proposes" there shall be substituted "they propose"; and
(d) in subsection (3) for "is" there shall be substituted "are".
34.
In section 47 -
(b) in subsection (1) for "him" there shall be substituted "them"; and (c) after subsection (1) there shall be inserted -
35.
In section 48, after subsection (2) there shall be inserted -
36.
In section 52A(1) -
(b) for "he is" there shall be substituted "they are".
37.
In section 52B(2) for "Secretary of State" there shall be substituted "Treasury".
(b) in subsection (1)(c) for "is" there shall be substituted "are"; (c) in subsection (2)(c) for "is" there shall be substituted "are"; (d) in subsection (4) for "he" there shall be substituted "the Treasury"; (e) after subsection (4) there shall be inserted -
39.
In section 56(6) -
(b) after "special manager", in the second place it occurs, there shall be inserted ", the Treasury".
40.
In section 60 -
(b) in subsection (1)(b) for "has", in the first place it occurs, there shall be substituted "have"; (c) in subsection (3) for "him", in each place it occurs, there shall be substituted "the Treasury"; (d) in subsection (3A) -
(ii) in paragraph (b) for "the Department of Trade and Industry" there shall be substituted "the Treasury"; and
(e) in subsection (4) for "he is" there shall be substituted "they are".
41.
In section 61 -
(b) in subsection (1)(b) for "has", in the first place it occurs, there shall be substituted "have"; (c) in subsection (1A) for "him", in each place it occurs, there shall be substituted "the Treasury"; (d) in subsection (2) -
(ii) in paragraph (b) for "the Department of Trade and Industry" there shall be substituted "the Treasury"; and
(e) in subsection (3) for "he is" there shall be substituted "they are".
42.
In section 61A -
(b) in subsection (1)(b) for "has", in the first place it occurs, there shall be substituted "have"; and (c) in subsection (2) for "him", in both places it occurs, there shall be substituted "them".
43.
In the following sections for "Secretary of State", in each place it occurs, there shall be substituted "Treasury" -
(b) section 64(1); (c) section 65(1) and (4); (d) sections 66 to 69; (e) section 70(3); (f) section 71(1)(c); and (g) section 75(3).
44.
In section 78 -
(b) in subsection (2)(e) for "he thinks" there shall be substituted "they think".
45.
In sections 82 and 83 for "Secretary of State", in each place it occurs, there shall be substituted "Treasury".
(b) in subsection (2) after "conferred on" there shall be inserted "the Treasury or".
48.
In sections 85(2) and 86(1) for "Secretary of State" there shall be substituted "Treasury".
(ii) after "his" there shall be inserted "or their";
(b) in subsection (4) -
(ii) after "knowledge of the" there shall be inserted "Treasury,";
(c) in subsection (6) after "Ireland,", in the second place it occurs, there shall be inserted ", the Treasury"; and
51.
In the following provisions for "Secretary of State", in each place it occurs, there shall be substituted "Treasury" -
(b) section 97(1); (c) section 98; and (d) paragraph 6(3) of Schedule 2A.
52.
Schedule 2B shall be amended as follows.
(b) the word "his" is hereby repealed.
55.
In paragraph 3 -
(ii) after "if" there shall be inserted "the Treasury or, as the case may be,";
(b) in sub-paragraph (2) -
(ii) after "person", in the second place it occurs, there shall be inserted "the Treasury or, as the case may be,";
(c) in sub-paragraph (5), after paragraph (b) there shall be inserted -
(d) in sub-paragraph (6) after "unless" there shall be inserted "the Treasury are or".
56.
In paragraph 4(2) -
(b) in paragraph (b) after "of" there shall be inserted "the Treasury or".
57.
In paragraph 5 -
(ii) in paragraph (b) after "purposes by" there shall be inserted "the Treasury or", and (iii) in that paragraph for "his behalf" there shall be substituted "their behalf";
(b) in sub-paragraph (2)(a) after "assisting" there shall be inserted "the Treasury or";
(ii) for "he" there shall be substituted "they"; and
(d) in sub-paragraph (5), in the definition of "relevant functions" after "functions" there shall be inserted -
(b) ".
58.
Schedule 2C shall be amended as follows.
(ii) in paragraph (a) for "him" and "he thinks" there shall be substituted "the Treasury" and "they think" respectively, and (iii) in paragraph (c) for "him" there shall be substituted "the Treasury";
(b) in sub-paragraph (2) for "him" there shall be substituted "them"; and
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