Insurance Act, 1989

Offences and penalties.

3.— (1) Every person who contravenes a provision of this Act shall be guilty of an offence.

(2) Every person who is guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding six months or both;

(b) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding three years or both.

(3) Where an offence under this Act is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body or any person who was purporting to act in such capacity, he, as well as the body, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4) A person convicted of an offence for which a penalty is provided in a provision, mentioned in column (2) of the Second Schedule , of an Act specified in column (1) of that Schedule, shall, in lieu of being liable to the penalty provided in that provision, be liable to the penalty specified in column (3) of that Schedule opposite the mention of that provision in column (2).

(5) If any person in any return, report, certificate or other document required for the purpose of any provision of this Act, or in any application to the Minister for an authorisation, wilfully makes a statement false in any material particular, knowing it to be false, he shall be guilty of an offence.

(6) The provisions of this section are without prejudice to section 109 of the Insurance Act, 1936 (which as adapted by section 2 (2) of this Act relates to offences by the holder of an authorisation) and references to “this Act” in subsections (1) and (4) of the said section 109 shall be construed as references to the Insurance Acts.