S.I. No. 299/1984:

MOTOR INSURANCE ADVISORY BOARD (ESTABLISHMENT) ORDER, 1984.

MOTOR INSURANCE ADVISORY BOARD (ESTABLISHMENT) ORDER, 1984.

I, JOHN BRUTON, T.D., Minister for Industry, Trade, Commerce and Tourism, in exercise of the powers conferred on me by section 22B (inserted by the Prices (Amendment) Act, 1965 (No. 23 of 1965)) of the Prices Act, 1958 (No. 4 of 1958), and the Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 384 of 1983 ), hereby make the following Order:

1. This Order may be cited as the Motor Insurance Advisory Board (Establishment) Order, 1984.

2. In this Order--

"the Board" means the Motor Insurance Advisory Board established by this Order:

"the Minister" means the Minister for Industry, Trade, commerce and Tourism;

"motor insurance" means contracts of insurance against the risks specified at classes No. 1 (fourth indent), 3, 7 and 10 of paragraph A of the Annex to EEC Council Directive No. 73/239/EEC of the 24th day of July, 1973 ⁽¹⁾

¹ O.J. No. L228 of 16.8.1973, p. 3.

3. A body to be known as the Motor Insurance Advisory Board is hereby established.

4. (1) The Board shall consist of such and so many persons as the Minister shall from time to time appoint to be members of the Board.

(2) The Minister shall from time to time appoint a member of the Board to be chairman of the Board and members of the Board shall be paid such remuneration as the Minister, with the consent of the Minister for the Public Service, may from time to time determine.

(3) The term of office and conditions of service of a member of the Board shall be fixed from time to time by the Minister.

(4) The Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office of member of the Board.

5. The functions of the Board shall be to advise the minister in relation to any power which he may exercise under section 22A (inserted by the Prices (Amendment) Act, 1965 (No. 23 of 1965)) of the Prices Act, 1958 (No. 4 of 1958), in relation to the charges made for rendering available the service of motor insurance and, in particular, to enquire into and to report to the Minister annually upon--

( a ) the premiums charged, or other charges made, under or in connection with motor insurance,

( b ) the methods of providing such motor insurance, and for those purposes--

(i) to require every person providing motor insurance to provide such information as may be in his possession as the Board may reasonably require to enable it to perform its functions,

(ii) to examine the system operated by persons providing motor insurance whereby different premiums are charged to different categories and classes of drivers and owners of mechanically propelled vehicles and the relationship between the amounts of the premiums charged in each such category and the numbers of claims for payment on foot of such contracts in each such category, and to make recommendations to the Minister on the appropriate relationship between the different categories of premiums,

(iii) to examine and make recommendations to the Minister on any matter pertaining to motor insurance which he may, from time to time, refer to the Board,

(iv) to examine and make recommendations to the Minister on all such matters as are in the opinion of the Board likely to affect premiums charged for motor insurance or the methods of providing such insurance.

6. (1) The Chairman of the Board shall, when present, preside at all meetings of the Board and, in the absence of the Chairman, the members of the Board present at a meeting may elect one of their number to be Chairman for that meeting.

(2) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting and, in the event of a tie, the Chairman of the meeting shall have a second or casting vote.

(3) The quorum for a meeting shall be such number as the Board may from time to time fix.

(4) The Board may act notwithstanding vacancies in its membership.

(5) Subject to this Order, the Board may make rules for the regulation of its proceedings.

7. (1) A member of the Board may resign from Office.

(2) The Minister may remove from office a member of the Board if--

( a ) he has become incapable through ill-health of performing efficiently his duties as such member, or

( b ) his removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the Board.

(3) If a casual vacancy occurs in the membership of the Board the Minister may appoint a person to fill the vacancy.

8. (1) The Minister may, with the consent of the Minister for the Public Service appoint such persons as he thinks necessary to assist the Board in the performance of its functions.

(2) Persons appointed under subparagraph (1) of this paragraph shall hold office on such terms and receive such remuneration as the Minister for the Public Service determines.

9. (1) If the Board requests the appointment of a person to assist it in the performance of its functions, the Minister may, with consent of the Minister for the Public Service, appoint such person as he thinks fit for the purpose.

(2) A person appointed under subparagraph (1) of this paragraph may be paid such remuneration and allowances for expenses as the Minister, with the consent of the Minister for the Public Service determines.

10. No person shall disclose information available to him through being a member of the Board or through being a person appointed under Article 8 or 9 of this Order except in the execution of his duties under the Prices Acts, 1958 to 1972 or this Order or for the purpose of legal proceedings under those Acts.

GIVEN under my Official Seal, this 16th day of November, 1984.

JOHN BRUTON

Minister for Industry, Trade,

Commerce and Tourism.

EXPLANATORY NOTE

This Order establishes a Motor Insurance Advisory Board to enquire into and report to the Minister on premiums and loadings in motor insurance, and any other matter pertaining to the methods of providing motor insurance which the Minister may refer to it, and to advise the Minister generally on such matters.