Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

57 Provisions supplementary to the three preceding sections.E+W+S

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A notice under section twenty-three of the Industrial Assurance Act 1923, served after the expiration of six months from the commencement of this Act as to a policy on which one year’s premiums or more have been paid shall be of no effect unless, in addition to the matters required by that section to be stated, it contains a statement in such form as may be prescribed by regulations under this section of the effect of subsection (4) of section fifty-four of this Act.

(3)Subject to the provisions of the last preceding section a policy reinstated under section fifty-four or fifty-five of this Act after a forfeiture shall have effect, and be deemed always to have had effect, as if the forfeiture had not taken place:

(4)Regulations may be made by the Commissioner with the consent of the Treasury, by statutory instrument—

(a)as to procedure in connection with the making of applications under this Part of this Act, with the fixing, extending, terminating and shortening of periods of protection, and with appeals, including provision as to information to be furnished and the manner of verification thereof;

(b)for fixing limits of time for appeals;

(c)as to the form and manner in which decisions of companies or societies, and of the Commissioner on appeals, are to be expressed and notified;

(d)for requiring notice to be given of the termination or shortening of periods of protection, and shortly before such periods are about to end, and for extending such periods in cases in which there is default in giving such notice;

(e)for preventing forfeiture of a policy at a time when a right to make an application or appeal which would be prejudiced thereby is subsisting, or when such an application or appeal has been made and is pending;

(f)for enabling relief (including relief by way of reinstatement of a policy after forfeiture) to be granted in cases in which there has been a failure to make an application or appeal within due time and there were good reasons for the failure;

(g)for other purposes for which provision is required for giving full effect to the preceding provisions of this Part of this Act.

[F2(5)Subject to subsection (5A), any contravention by an industrial assurance company, a collecting society, or a friendly society of provisions [F3this Part or] of regulations under this section is to be treated as if it were a contravention of a requirement imposed under the Financial Services and Markets Act 2000 (with the effect that Part XIV of that Act applies).]

[F4(5A)A contravention of the kind mentioned in subsection (5) is not actionable under [F5section 138D] of the Financial Services and Markets Act 2000 (actions for damages).

(5B)Nothing in subsection (5) prejudices the operation of section 16 of the Interpretation Act 1978 in relation to any legal proceedings in respect of, or any penalty which may be imposed in relation to, a contravention of the kind mentioned in that subsection committed before 1st December 2001.]

(6)The Statutory Instruments Act M11946, shall apply to a statutory instrument containing regulations under this section in like manner as if it had been made by a Minister of the Crown.

(7)No regulations under this section shall be made unless a draft thereof has been approved by resolution of each House of Parliament: