Third Parties (Rights against Insurers) Bill [HL]

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

Third Parties (Rights against Insurers) Bill [HL]

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as Bill 79—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Jack Straw has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Third Parties (Rights against Insurers) Bill [HL] are
compatible with the Convention rights.

Bill 79 54/5

Third Parties (Rights against Insurers) Bill [HL]

Contents
Transfer of rights to third parties
1
Rights against insurer of insolvent person etc
2
Establishing liability in England and Wales and Northern Ireland
3
Establishing liability in Scotland
Relevant persons
4
Individuals
5
Individuals who die insolvent
6
Corporate bodies etc
7
Scottish trusts
Transferred rights: supplemental
8
Limit on rights transferred
9
Conditions affecting transferred rights
10
Insurer’s right of set off
Provision of information etc
11
Information and disclosure for third parties
Enforcement of transferred rights
12
Limitation and prescription
13
Jurisdiction within the United Kingdom
Enforcement of insured’s liability
14
Effect of transfer on insured’s liability
Application of Act
15
Reinsurance
16
Voluntarily-incurred liabilities
17
Avoidance
18
Cases with a foreign element

Bill 79
54/5

Third Parties (Rights against Insurers) Bill [HL]
ii

Supplemental
19
Power to amend Act
20
Amendments, transitionals, repeals, etc
21
Short title, commencement and extent
Schedule 1   —
Information and disclosure for third parties
Schedule 2   —
Amendments
Schedule 3   —
Transitory, transitional and saving provisions
Schedule 4   —
Repeals and revocations

© Parliamentary copyright 2010
Revised 2 March 2010