Health Insurance (Amendment) Act 2003

Amendment of section 12B of Principal Act.

6.—Section 12B of the Principal Act (inserted by section 10 of the Act of 2001) is hereby amended by—

(a) the substitution of the following subsection for subsection (1):

“(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—

(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

(ii) the other provisions of a scheme in respect of the period of 36 months beginning on the commencement date,

to apply to it.

(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—

(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

(ii) the other provisions of a scheme in respect of the period of 36 months beginning on that commencement date.

shall apply to that undertaking.

(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.”,

and

(b) the insertion of the following subsection:

“(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—

(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

(b) the other provisions of any scheme, in respect of the period of 36 months beginning on that date,

shall, notwithstanding the service of that notice, apply to the first-mentioned undertaking.”.