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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 August 2023 - onwards
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Schedule 19C, Part 1 Introductory (paras. 1-2)

Section 377K

Application of this Schedule

1 This Schedule applies in relation to an insurer while the insurer is in financial difficulties.

"Financial difficulties"

2

(1) An insurer is in "financial difficulties" for the purposes of this Schedule if -

(a) Part 1 of Schedule 19B (write-down orders: restrictions on enforcement) has effect in relation to the insurer (see paragraph 1(1) and (2) of that Schedule);

(b) the insurer is in administration, within the meaning of Schedule B1 to the 1986 Act or Schedule B1 to the 1989 Order, or awaiting administration;

(c) a petition for the winding up of the insurer has been presented and has not been withdrawn or determined.

(2) For the purposes of sub-paragraph (1)(b), an insurer is awaiting administration while an application for an administration order in respect of the insurer has been made to the court and -

(a) the application has not yet been granted or dismissed, or

(b) the application has been granted but the administration order has not

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