Statutory Instruments
2008 No. 1725
Financial Services And Markets
The Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) (Amendment) Order 2008
Made
1st July 2008
Laid before Parliament
2nd July 2008
Coming into force
23rd July 2008
The Treasury, in exercise of the powers conferred on them by sections 323 and 428(3) of the Financial Services and Markets Act 2000( 1 ), make the following Order:
Citation and commencement
1. This Order may be cited as the Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) (Amendment) Order 2008 and comes into force on 23rd July 2008.
Amendment of the Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001
2. —(1)The Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd’s) Order 2001( 2 ) is amended as follows.
(2) In article 2, omit the definition of “former underwriting member”.
(3) In article 3—
(a) for “107 to 114” substitute “107 to 114A”;
(b) for “members of the Society or former underwriting members” substitute—
“ underwriting members of the Society or by one or more persons who have ceased to be such a member (whether before, on or after 24th December 1996) ” .
(4) In article 4—
(a) for paragraph (b) substitute—
“ (b) that the Council of Lloyd’s has—
(i) by resolution authorised one person to act, or
(ii) certified that one person has authority to act,
in connection with the transfer for the members concerned, as transferor; ” ;
(b) for paragraph (c) substitute—
“ (c) that a copy of the resolution or the certificate has been give to the Authority. ” .
(5) In article 5(1)(b)—
(a) after “the person authorised” insert “, or the person certified to have authority,”;
(b) for “paragraph (a)” substitute “paragraph (b)”.
(6) After article 5(2) add—
“ (3) A transfer scheme carried out by virtue of this Order may transfer to an establishment of the transferee business written on different syndicates and in different years of account of syndicates. ” .
Claire Ward
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 2008
2000 c. 8 ; section 323 was amended by the Financial Services and Markets Act 2000 (Amendment of section 323) Regulations 2008, S.I. 2008/1469 .