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MOTOR VEHICLES ACT 1959 - SECT 101

MOTOR VEHICLES ACT 1959 - SECT 101

101—Approved insurers

        (1)         Subject to this section, any person or body (whether incorporated or unincorporated) that carries on, or intends to carry on, the business of insurance in this State, may apply to the Minister for approval as an insurer under this Part.

        (2b)         An application for approval as an insurer under this Part must—

            (a)         be made in a manner and form approved by the CTP Regulator; and

            (b)         be lodged with the Regulator; and

            (c)         be referred by the Regulator to the Minister, together with any recommendations of the Regulator to the Minister in relation to the application.

        (2c)         The Minister may, after considering any recommendations made by the CTP Regulator in relation to an application for approval, grant or refuse the application.

        (3)         If an application for approval under this section is made—

            (a)         an approval cannot be granted within 3 months of the date of the application; and

            (b)         if the applicant is approved, the approval takes effect on 1 July next following the date of the approval.

        (4)         Before approving of an insurer the Minister may require the insurer to enter into an undertaking and an agreement by which the insurer accepts duties and obligations relating to insurance under this Part and matters incidental to those duties and obligations.

        (5)         An approved insurer may, on or before 1 April in any year, apply to the Minister for the withdrawal of approval under this Part.

        (5a)         An application for the withdrawal of approval under this Part must—

            (a)         be made in a manner and form approved by the CTP Regulator; and

            (b)         be lodged with the Regulator; and

            (c)         be referred by the Regulator to the Minister, together with any recommendations of the Regulator to the Minister in relation to the application.

        (5b)         The Minister may, after considering any recommendations made by the CTP Regulator in relation to an application for the withdrawal of approval under this Part, grant the application with effect from 1 July following the making of the application.

        (6)         If—

            (a)         an application for approval or withdrawal of approval under this Part is made other than in conformity with the limitations of time stipulated in this section; and

            (b)         the Minister, after considering any recommendations made by the CTP Regulator in relation to the application, is satisfied that there are special circumstances justified in doing so,

the Minister may grant the application with effect as from a date determined by the Minister.

        (7)         The Minister may, by notice in writing served personally or by post upon an approved insurer, require the insurer to furnish the Minister, within such time as may be stipulated in the notice, with such evidence of the insurer's financial position and capacity to meet existing and future liabilities under policies of insurance under this Part as may be required in the notice.

        (8)         If—

            (a)         an approved insurer commits a breach of a term or condition of a provision of this Part, or a term or condition on an undertaking or agreement entered into pursuant to this section; or

            (b)         an approved insurer fails to comply with a requirement under subsection (7); or

            (c)         the Minister, after considering—

                  (i)         evidence furnished by an approved insurer in compliance with a requirement under subsection (7); and

                  (ii)         any recommendations made by the CTP Regulator in relation to the matter,

is not satisfied that the approved insurer has sufficient financial resources to continue properly to carry on business as an approved insurer,

the Minister may—

            (d)         withdraw the approval of the insurer; or

            (e)         suspend the approval of the insurer for such period as the Minister thinks fit.

        (9)         The withdrawal, suspension or non-renewal of the approval of an insurer does not affect the validity of any policy of insurance.