Health Insurance (Amendment) Act 2022
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Amendment of section 18F of Principal Act | ||
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5. Section 18F of the Principal Act is amended— | ||
(a) by the substitution of the following subsection for subsection (1): | ||
“(1) (a) The powers conferred by this section may be exercised in respect of any person to whom this section applies for the purposes of— | ||
(i) securing the enforcement of the provisions of this Act (including any regulations made under this Act), or | ||
(ii) enabling or assisting the Minister or the Authority to perform any of their respective functions under this Act. | ||
(b) Subject to subsection (6), the following are persons to whom this section applies (whether they are within or outside the State): | ||
(i) a registered undertaking; | ||
(ii) a former registered undertaking; | ||
(iii) a person who has applied for registration in the Register; | ||
(iv) a person whom the Authority or an authorised officer reasonably believes is or has been acting as, or claiming or holding itself out to be, a registered undertaking; | ||
(v) a person who is or has been, or whom the Authority or an authorised officer reasonably believes is or has been, without being registered in the Register, effecting, or offering to effect, health insurance contracts in respect of which the person is required to be a registered undertaking; | ||
(vi) a related undertaking of any of the persons referred to in any of subparagraphs (i) to (v); | ||
(vii) a person whom the Authority or an authorised officer reasonably believes may possess or have control of information about a health insurance contract; | ||
(viii) any other person whom the Authority or an authorised officer reasonably believes may possess information about a person referred to in any of subparagraphs (i) to (vii); | ||
(ix) a person who is, in relation to a person referred to in any of subparagraphs (i) to (viii), a person specified in paragraph (c); | ||
(x) a person who is or has been an officer or employee or agent of a person referred to in any of subparagraphs (i) to (ix) or is, in relation to a person who is or has been such an officer, employee or agent, a person specified in paragraph (c). | ||
(c) The persons referred to in subsection (1)(b)(ix) and (x) are— | ||
(i) an administrator within the meaning of section 1 (1) of the Insurance (No. 2) Act 1983 , | ||
(ii) an examiner, liquidator, receiver or official assignee, and | ||
(iii) a person with functions corresponding to those of any of the persons referred to in subparagraph (i) or (ii) under the law of a state other than the State.”, | ||
(b) in subsection (2), in paragraphs (c) and (e), by the deletion of “or any person employed by such person”, | ||
(c) in subsection (6), by the substitution of “any person (not being a person to whom this section applies)” for “an examiner, liquidator, receiver, official assignee or any person who is or has been an officer or employee or agent of a person to whom this subsection applies, or”, | ||
(d) by the insertion of the following subsection after subsection (11): | ||
“(11A) An authorised officer may require a person to provide him or her with the person’s name and address where— | ||
(a) the authorised officer has reasonable grounds for believing that the person— | ||
(i) is committing or has committed an offence under this Act, or | ||
(ii) has deliberately concealed or destroyed evidence, or is deliberately concealing or destroying evidence, or is likely to deliberately conceal or destroy evidence, of such an offence, | ||
or | ||
(b) the authorised officer has reasonable grounds for requiring such information for the purpose of applying for a warrant under subsection (8).”, | ||
and | ||
(e) in subsection (12)— | ||
(i) by the substitution of the following definition for the definition of “person to whom this section applies”: | ||
“‘person to whom this section applies’ shall be construed in accordance with subsection (1)(b) and (c);”, | ||
(ii) in the definition of “personal data”, in paragraph (b), by the substitution of “2018;” for “2018.”, and | ||
(iii) by the insertion of the following definition after the definition of “personal data”: | ||
“‘related undertaking’, in relation to a person (in this definition referred to as the ‘first-mentioned person’), means— | ||
(a) if the first-mentioned person is a company, another company that is related within the meaning of section 2 (10) of the Companies Act 2014 , | ||
(b) a partnership of which the first-mentioned person is a member, | ||
(c) if the business of the first-mentioned person and another person have been so carried on that the separate business of each of them, or a substantial part thereof, is not readily identifiable, that other person, | ||
(d) if the decision as to how and by whom the business of the first‑mentioned person and another person shall be managed can be made either by the same person or by the same group of persons acting in concert, that other person, | ||
(e) a person who performs a specific and limited purpose by or in connection with the business of the first-mentioned person, or | ||
(f) if provision is required to be made for the first-mentioned person and another person in any consolidated accounts compiled in accordance with the Seventh Council Directive 83/349/EEC of 13 June 19831 , that other person.”. | ||