Road Traffic Act 1988, section 147

Issue ... of certificates of insurance

Part VI Third-Party Liabilities

(1) [F1004 An insurer issuing a policy of insurance for the purposes of this Part of this Act must deliver F1004] to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a “certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.

[F1005 (1A)A certificate of insurance is to be treated for the purposes of [F1006 subsection (1) as having been delivered F1006] to the person by whom the policy is effected if—

(a)it is transmitted electronically by the insurer to the person in accordance with subsection (1B) below, or

(b)it is made available by the insurer to the person on a website in accordance with subsection (1C) below.

(1B)A certificate is transmitted electronically by an insurer to a person in accordance with this subsection if—

(a)on effecting the policy to which the certificate relates, the person agreed to its electronic transmission for the purposes of subsection (1) above, and

(b)the certificate is transmitted by the insurer to an electronic address specified by the person for this purpose.

(1C)A certificate is made available by an insurer to a person on a website in accordance with this subsection if—

(a)on effecting the policy to which the certificate relates, the person agreed to its being made available on a website for the purposes of subsection (1) above,

(b)the insurer makes the certificate available to the person by placing an electronic copy of it on a website, and

(c)the person is notified by the insurer, in a manner agreed by the person, of—

(i)the certificate's presence on the website,

(ii)the address of the website,

(iii)the place on the website where he may access the certificate, and

(iv)how he may access the certificate.

(1D)Where a certificate made available on a website is treated by virtue of subsection (1A)(b) above as having been delivered by an insurer to a person, the insurer must ensure that the certificate remains continuously accessible to the person on the website until the expiry of the last day on which the policy to which it relates has effect.

(1E)For the purposes of subsection (1D) above, a certificate is to be treated as remaining continuously accessible to a person on a website, despite its being temporarily inaccessible to him on the website, if the insurer has taken all reasonable steps to make it continuously accessible to him on the website (including steps to remedy any temporary inaccessibility).F1005]

F1007(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F1008Different forms and different particulars may be prescribed for the purposes of subsection (1) ... above in relation to different cases or circumstances.

F1009(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1009(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1009(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1009(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1009(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1009(4E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1009(4F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1009(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 147 2

policy of insurance

“policy of insurance” includes a covering note,

Defined in s.161(1) · see it in the full Act
prescribed

“prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,

Defined in s.192(1) · see it in the full Act

In this Part of this Act “regulations” means regulations under this section and “prescribed” means prescribed by regulations.

Defined in s.160(1) · see it in the full Act

Cases considering section 147 10

EUI Ltd v Bristol Alliance Ltd Partnership

[2012] EWCA Civ 1267 · 11 October 2011Interprets

The certificate is necessary for a policy’s operation under Part VI, but it does not supersede the contractual terms. Its connection to a policy identifies the policy referred to in section 151(2)(a). (see paras [40]; [50]; [54])

Keeley v Pashen & Anor

[2004] EWCA Civ 1491 · 10 November 2004

The court treated certification as the condition giving a policy effect for Part VI and as the route through which permitted-use limitations became relevant. (see paras [11]–[12]) The court applied the requirement for a prescribed certificate and used the certificate’s stated use limitations to assess the scope of third-party cover. (see paras [11]–[12]; [19])

ERS Syndicate 218 at Lloyds v Motorshifter Limited (in liquidation) & Anor.

[2023] EWHC 342 (Comm) · 22 February 2023Defines

Interprets the certificate requirement as part of the statutory distinction between a motor insurance policy and the certificate delivered with it. The certificate provides prescribed evidence of insurance and does not ordinarily create additional cover. (see paras [21]; [59]-[62])

What each judgment says about section 147 is in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F1002Words in s. 147 heading omitted (30.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 2(b); S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)
  2. F1003Words in s. 147 heading omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 10(2) (with reg. 5)
  3. F1004Words in s. 147(1) substituted (30.6.2015) by Deregulation Act 2015 (c. 20), ss. 9(2), 115(7); S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)
  4. F1005S. 147(1A)-(1E) inserted (30.4.2010) by The Motor Vehicles (Electronic Communication of Certificates of Insurance) Order 2010 (S.I. 2010/1117), art. 3(2)
  5. F1006Words in s. 147(1A) substituted (30.6.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 2(a); S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)
  6. F1007S. 147(2) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 10(3) (with reg. 5)
  7. F1008Words in s. 147(3) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 10(4) (with reg. 5)
  8. F1009S. 147(4)-(5) omitted (30.6.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 9(4), 115(7); S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)

Modifications

  1. C172S. 147 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)