Third Parties (Rights against Insurers) Bill [HL]

House of Commons

Session 2009 - 10
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Third Parties (Rights against Insurers) Bill [HL]

Third Parties (Rights against Insurers) Bill [HL]
Schedule 2 — Amendments
16

Schedule 2
Section 20

Amendments
Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))
1
In Article 100 of the Road Traffic (Northern Ireland) Order 1981 (bankruptcy
etc of insured persons not to affect certain claims by third-parties)—
5
(a)
for “such event as is mentioned in section 1(1) of the Third Parties
(Rights against Insurers) Act (Northern Ireland) 1930” substitute
“event which results in that person being a relevant person for the
purposes of the Third Parties (Rights against Insurers) Act 2010”, and
(b)
for “the said Act of 1930” substitute “that Act”.
10
Road Traffic Act 1988 (c. 52)
2
In section 153 of the Road Traffic Act 1988 (bankruptcy etc of insured or
secured persons not to affect claims by third parties)—
(a)
in subsection (1), for “any of the events mentioned in subsection (2)
below” substitute “an event which results in that person being a
15
relevant person for the purposes of the Third Parties (Rights against
Insurers) Act 2010”,
(b)
in that subsection, for “Third Parties (Rights against Insurers) Act
1930” substitute “that Act”,
(c)
omit subsection (2), and
20
(d)
in subsection (3), for “Third Parties (Rights against Insurers) Act
1930” substitute “Third Parties (Rights against Insurers) Act 2010”.
Merchant Shipping Act 1995 (c. 21)
3
In section 165 of the Merchant Shipping Act 1995 (rights of third parties
against insurers), in subsection (5), for “Third Parties (Rights against
25
Insurers) Act 1930 and the Third Parties (Rights against Insurers) Act
(Northern Ireland) 1930” substitute “Third Parties (Rights against Insurers)
Act 2010”.
Cross-Border Insolvency Regulations 2006 (S.I. 2006/1030)
4
In paragraph 5 of Schedule 1 to the Cross-Border Insolvency Regulations
30
2006 (scope of Article 1), for “Third Parties (Rights against Insurers) Act
1930” substitute “Third Parties (Rights against Insurers) Act 2010”.
Cross-Border Insolvency Regulations (Northern Ireland) 2007 (S.R. 2007/115)
5
In paragraph 5 of Schedule 1 to the Cross-Border Insolvency Regulations
(Northern Ireland) 2007 (scope of Article 1), for “Third Parties (Rights
35
against Insurers) Act (Northern Ireland) 1930” substitute “Third Parties
(Rights against Insurers) Act 2010”.

Third Parties (Rights against Insurers) Bill [HL]
Schedule 4 — Repeals and revocations
17

Schedule 3
Section 20

Transitory, transitional and saving provisions
1     (1)
Section 1(1)(a) applies where the insured became a relevant person before,
as well as when the insured becomes such a person on or after,
commencement day.
5
      (2)
Section 1(1)(b) applies where the liability was incurred before, as well as
where it is incurred on or after, commencement day.
2
Until the coming into force of section 47(1) of the Bankruptcy and Diligence
etc (Scotland) Act 2007 (asp 3), the reference to that provision in paragraph
1(5) of Schedule 1 is to be read as a reference to section 486(1) of the
10
Companies Act 1985.
3
Despite its repeal by this Act, the Third Parties (Rights against Insurers) Act
1930 continues to apply in relation to—
(a)
cases where the event referred to in subsection (1) of section 1 of that
Act and the incurring of the liability referred to in that subsection
15
both happened before commencement day;
(b)
cases where the death of the deceased person referred to in
subsection (2) of that section happened before that day.
4
Despite its repeal by this Act, the Third Parties (Rights against Insurers) Act
(Northern Ireland) 1930 continues to apply in relation to—
20
(a)
cases where the event referred to in subsection (1) of section 1 of that
Act and the incurring of the liability referred to in that subsection
both happened before commencement day;
(b)
cases where the death of the deceased person referred to in
subsection (2) of that section happened before that day.
25
5
In this Schedule “commencement day” means the day on which this Act
comes into force.
Schedule 4
Section 20

Repeals and revocations

Title
Extent of repeal or revocation

30

Third Parties (Rights Against
The whole Act.

Insurers) Act (Northern

Ireland) 1930 (c. 19)

Third Parties (Rights against
The whole Act.

Insurers) Act 1930 (c. 25)

35

Insolvency Act 1985 (c. 65)
In Schedule 8, paragraph 7 and the cross

heading preceding it.

Bankruptcy (Scotland) Act 1985
In Schedule 7, paragraph 6 and the cross

(c. 66)
heading preceding it.

Insolvency Act 1986 (c. 45)
In Schedule 14, the entries relating to the Third

40

Parties (Rights against Insurers) Act 1930.

Third Parties (Rights against Insurers) Bill [HL]
Schedule 4 — Repeals and revocations
18

Title
Extent of repeal or revocation

Road Traffic Act 1988 (c. 52)
Section 153(2).

Insolvency (Northern Ireland)
In Schedule 9, paragraphs 63 to 65 and the cross

Order 1989 (S.I. 1989/2405
heading preceding paragraph 63.

(N.I. 19))

5

Limited Liability Partnerships
In Schedule 5, paragraph 2 and the cross

Regulations 2001 (S.I. 2001/
heading preceding it.

1090)

Enterprise Act 2002
In the Schedule, paragraphs 1 to 3 and the cross

(Insolvency) Order 2003 (S.I.
heading preceding paragraph 1.

10

2003/2096)

Limited Liability Partnership
In Schedule 4, paragraph 2 and the cross

Regulations (Northern
heading preceding it.

Ireland) 2004 (S.R. 2004 No.

307)

15

Insolvency (Northern Ireland)
In Schedule 2, paragraphs 2 to 4 and the cross

Order 2005 (S.I. 2005/1455
heading preceding paragraph 2.

(N.I. 10))