Section 109: Scheme reports: insurance business transfer schemes

Financial Services and Markets Act 2000 · 2000 c. 8View on legislation.gov.uk

Part VII: Control of Business Transfers

An application under section 107 in respect of an insurance business transfer scheme must be accompanied by a report on the terms of the scheme ("a scheme report").

A scheme report may be made only by a person—

appearing to the appropriate regulator to have the skills necessary to enable him to make a proper report; and
nominated or approved for the purpose by the appropriate regulator.

A scheme report must be made in a form approved by the appropriate regulator.

Where the appropriate regulator is the PRA, it must consult the FCA before—

nominating or approving a person under subsection (2)(b), or
approving a form under subsection (3).

Subsection (6) applies where the appropriate regulator is the FCA and either—

the transferee is a PRA-authorised person, or
the transferor concerned or the transferee has as a member of its immediate group a PRA-authorised person.

The FCA must consult the PRA before—

nominating or approving a person under subsection (2)(b), or
approving a form under subsection (3).

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