Financial Services and Markets Act 2000

Consent to exceed surrender limitU.K.

[F15(1)Paragraph 3(1) does not apply if, or to the extent that, consent for the surrender of an amount that would exceed the surrender limit for the relevant period has been given by—

(a)the court,

(b)a relevant office-holder, or

(c)where there is no relevant office-holder, the insurer.

(2)For these purposes, “relevant office-holder” means—

(a)a provisional liquidator of the insurer;

(b)an administrator of the insurer;

(c)a person appointed to act as the manager of a write-down order that has effect in relation to the insurer.

(3)The court, a relevant office-holder or the insurer (as the case may be) may give consent under sub-paragraph (1) only if satisfied that not doing so would cause the policyholder hardship.

(4)Where a provisional liquidator of an insurer has been appointed, the manager of a write-down order that has effect in relation to the insurer must obtain the consent of the provisional liquidator before giving consent under sub-paragraph (1).

(5)As soon as reasonably practicable after giving consent under sub-paragraph (1), a relevant office-holder or the insurer must notify the PRA.]