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Amendment of section 12B of Principal Act.
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6.—Section 12B of the Principal Act (inserted by section 10 of the Act of 2001) is hereby amended by—
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(a) the substitution of the following subsection for subsection (1):
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“(1) (a) Subject to paragraph (c), a registered undertaking (other than a restricted membership undertaking) may, before the date on which it commences the carrying on of a health insurance business (in this section referred to as the `commencement date'), serve a notice on the Authority stating that it does not wish—
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(i) a requirement of a scheme to make a return or returns, in so far as the return or returns would relate to the period of 6 months beginning on the commencement date, or
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(ii) the other provisions of a scheme in respect of the period of 36 months beginning on the commencement date,
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to apply to it.
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(b) Where a registered undertaking serves a notice under and in accordance with paragraph (a), and the commencement date in respect of that undertaking falls not later than 3 months after the service by it of that notice, neither—
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(i) a requirement of a scheme, to make a return or returns in so far as the return or returns would relate to the period of 6 months beginning on that commencement date, nor
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(ii) the other provisions of a scheme in respect of the period of 36 months beginning on that commencement date.
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shall apply to that undertaking.
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(c) A registered undertaking that is an associated company of a registered undertaking that is not entitled to serve a notice under paragraph (a) shall not be entitled to serve such a notice.”,
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and
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(b) the insertion of the following subsection:
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“(1A) Where an undertaking (in this subsection referred to as the `first-mentioned undertaking'), being an associated company of an undertaking that before the passing of the Health Insurance (Amendment) Act 2003 was not entitled to serve a notice under this section, served a notice under this section on or after 21 February 2003 but before the passing of that Act—
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(a) the requirement of any scheme to make a return or returns, in so far as the return or returns would relate to the period of 6 months begin ning on the date on which the first-mentioned undertaking commences the carrying on of a health insurance business, and
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(b) the other provisions of any scheme, in respect of the period of 36 months beginning on that date,
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shall, notwithstanding the service of that notice, apply to the first-mentioned undertaking.”.
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