O.C. 330/2011

July 13, 2011

A.R. 148/2011

July 14, 2011


            The Lieutenant Governor in Council makes the Insurance Councils Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Finance and Enterprise

Authority:                             Insurance Act
                                                (section 498)


APPENDIX

Insurance Act

INSURANCE COUNCILS AMENDMENT REGULATION

1   The Insurance Councils Regulation (AR 126/2001) is amended by this Regulation.

 

2   Section 10(1) is amended by adding “and” to the end of clause (h) and repealing clause (i).

 

3   Section 13 is amended by adding the following after subsection (2):

(2.1)  Notwithstanding subsection (2), if all 3 individuals appointed by the Minister under subsection (2)(a) are not able for any reason to participate in a panel being selected to decide an appeal, the Minister may appoint an individual with the qualifications specified in subsection (2)(a) as a temporary member for a term coinciding with the duration of the appeal.

 

4   Section 23 is repealed and the following is substituted:

Panel orders

23(1)  A panel may by order confirm, reverse or vary the decision of the council being appealed or make any decision that the council had the authority to make in the first instance.

(2)  If the panel makes an order under subsection (1) varying the levy of a penalty or levying a penalty, the amount of the penalty must be within the range of penalties specified in section 13 of the Certificate Expiry, Penalties and Fees Regulation (AR 125/2001).

 

5   Section 29(d) is repealed and the following is substituted:

                                 (d)    the individual is a represented adult as defined in the Adult Guardianship and Trusteeship Act or is the subject of a certificate of incapacity under that Act,

 

6   Sections 31(1), (2) and (3) and 32(1) are amended by striking out “mailed” and substituting “sent by mail or electronic means”.

 

7   Section 33 is amended

                                 (a)    by adding the following after subsection (3):

(3.1)  An advertisement includes an advertisement on the Council’s website.

                                 (b)    in subsection (4) by striking out “mail vote” and substituting “vote sent by mail or electronic means”.