Full legislation
s.41B
Power to conduct inspection
(1)
An inspector may exercise the powers under subsections (2) and (3) for
ascertaining whether an authorized insurer is complying with, has complied with, or
is likely to be able to comply
with—
(a)
a provision of this Ordinance;
(b)
a notice or requirement given or imposed under a provision of this
Ordinance;
(c)
a term or condition of an authorization granted under
section 8
or 8A
; or
(Amended
17 of 2020 s. 16
)
(d)
any other condition imposed under a provision of this Ordinance.
(2)
At any reasonable time, an
inspector—
(a)
may enter any premises used by the authorized insurer in connection with
its business;
(b)
may inspect, and may make copies or otherwise record details of, a business
record of the insurer; and
(c)
may make inquiries of the insurer or a person specified in subsection
(5
)—
(i)
concerning a business record of the insurer; or
(ii)
concerning a transaction or activity that was undertaken in the course
of, or may affect, the business conducted by the insurer.
(3)
In exercising a power under subsection
(2
)(
b)
or (c), the inspector
may require the authorized insurer, or a person specified in subsection
(5
)—
(a)
to give the inspector access to a business record of the insurer;
(b)
to produce to the inspector, within the time and at the place specified in
the requirement, a business record of the insurer; and
(c)
to answer a question
concerning—
(i)
a business record of the insurer; or
(ii)
a transaction or activity that was undertaken in the course of, or may
affect, the business conducted by the insurer.
(4)
The power under subsection
(2
)(
c)
or (3) is not exercisable in
relation to a person specified in subsection (5) unless the inspector has reasonable
cause to believe that the information or record being sought cannot be obtained by
exercising the power in relation to the authorized insurer.
(5)
The person specified for subsections
(2
)(
c)
and (3) is a person whom
the inspector has reasonable cause to believe has information relating to, or is in
possession of, a business record of the authorized insurer.
(6)
The Authority may in writing appoint a person, or a person belonging to a class
of persons, as an inspector for the purposes of this section.
(7)
The Authority must provide an inspector with a copy of its
appointment.
(8)
When imposing a requirement on a person under subsection (3), an inspector
must, if so requested, produce a copy of the appointment to that person for
inspection as soon as practicable.