Interpretation
3 Interpretation
Section 3 of the Principal Act is amended—
by omitting from the definition of “Accident insurance business” in sub-section (1) the words “issue of, or the undertaking of liability under, policies of insurance upon” and substituting the words “business of undertaking liability under policies of insurance in respect of”;
by omitting from that sub-section the definition of “Insurance business “and substituting the following definition:—
“‘Insurance business’ means the business of undertaking liability, by way of insurance (including reinsurance), in respect of any loss or damage, including liability to pay damages or compensation, contingent upon the happening of a specified event, and includes any business incidental to insurance business as so defined, but does not include—
life insurance business;
accident insurance business undertaken solely in connexion with life insurance business;
pecuniary loss insurance business carried on solely in the course of carrying on banking business and for the purposes of that business by a bank within the meaning of the Banking Act 1959–1967;
business in relation to the benefits provided by a friendly society or trade union for its members or their dependants;
business in relation to the benefits provided for its members or their dependants by an association of employees, or of employees and other persons, that is registered as an organization under the Conciliation and Arbitration Act 1904–1972;
business in relation to a scheme or arrangement under which superannuation benefits, pensions or payments to employees or their dependants (and not to any other persons) on retirement, disability or death are provided by an employer or his employees or by both, wholly through an organization established solely for that purpose by the employer or his employees or by both;
business in relation to a scheme or arrangement for the provision of benefits consisting of—
the supply of funeral, burial or cremation services, with or without the supply of goods connected with any such service; or
the payment of money, upon the death of a person, for the purpose of meeting the whole or a part of the expenses of and incidental to the funeral, burial or cremation of that person,
and no other benefits, except benefits incidental to the scheme or arrangement;
business undertaken by a person, being a carrier, carrier’s agent, forwarding agent, wharfinger, warehouseman or shipping agent, relating only to his liability in respect of goods belonging to another person and in. his possession or under his control for the purpose of the carriage, storage or sale of those goods;
business undertaken by a person, being an innkeeper or lodging-house keeper, relating only to his liability in respect of goods belonging to another person and in the possession or under the control of a guest at the inn or lodging-house of which the first-mentioned person is the innkeeper or lodging-house keeper or deposited with the innkeeper or lodging-house keeper for safe custody;
the business of insuring the property of a religious organization where the person carrying on the business does not carry on any other insurance business; or
business as a registered medical, benefits organization or a registered hospital benefits organization carried on by an organization that is a registered organization within the meaning of Part VI of the National Health Act 1953–1973;”; and
by inserting after the definition of “Owner” in that sub-section the following definition:—
“‘Pecuniary loss insurance business’ means the business of undertaking liability by way of insurance against any one or more of the following risks:—
risks of loss to the persons insured arising from the insolvency of their debtors or from the failure (otherwise than through insolvency) of their debtors to pay their debts when due;
risks of loss to the persons insured arising from their having to perform contracts of guarantee;
risks of loss to the persons insured attributable to interruptions of the carrying on of business carried on by them;
risks of loss to the persons insured attributable to their incurring unforeseen expense;”.
Act not to apply to persons to whom Insurance Act 1973 does not apply.
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