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Motor Vehicles Insurance (Third-Party Risks) Act


Published: 1952

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Motor Vehicles Insurance (CAP. 288 1
(Third-Party Risks)

CHAPTER 288

THE MOTOR VEHICLES INSURANCE
(THIRD-PARTY RISKS) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Users of motor vehicles to be insured against third-party

risks.
4. Requirements in respect of policies.
5. Requirements in respect of securities.
6. Certain conditions to policies or securities to be of no

effect.
7. Duty of insurers to satisfy judgments against persons

insured in respect of third-party risks.
8. Bankruptcy, etc., of insured persons not to effect cer-

tain claims by third parties.
9. Avoidance of restrictions on scope of policies covering

third-party risks.
10. Duty to give information as to third parties.
1 1. Duty to surrender certificate on cancellation of policy.
12. Application of sections 7 to 11 to securities.
13. Saving as to preservation of rights in case of death of

an insured.
14. Requirements as to production of certificate of insurance

or of security.
15. Deposits.
16. Unlawful user of certificates, etc.
17. Insurers to be registered.
18. Registration of insurers.
19. Conditions under which registration may be cancelled.
20. Issuing policies or giving certificates without being

registered.
2 1. Deposits.
22. Savings.
23. Savings.

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2 Cap. 288) Motor Vehicles Insurance
(Third- Party Risks)

Section

24. Rules.
25. Penalty.

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Motor Vehicles Insurance (CAP. 288 3
(Third-Party Risks)

MOTOR VEHICLES INSURANCE
(THIRD-PARTY RISKS)

I

(1st January, 1952.) 1111950.
1411967.
1811989.

1. This Act may be cited as the Motor Vehicles short title-
Insurance (Third-Party Risks) Act.

2. In this Act- Interpretation.

"Accountant-General" means the officer for the time
being performing the duties of Accountant-General
of Antigua and Barbuda;

"appointed day" means such day; not being earlier than
six months after the 23rd of February, 1967, as
the Minister shall specify by notice published in
the Gazette;

"driver7 ' where a separate person acts as steersman of
a motor vehicle, includes that person as well as any
other person engaged in the driving of the vehicle,
and the expression "drive" shall be construed
accordingly;

6 6 insurer7' means any person carrying on the business
of-

(a) issuing policies of insurance; or

(6) giving securities
against liabilities to third parties in relation to the user of
motor vehicles, being a person registered under section 18
of this Act;

"invalid carriage7 means a mechanically propelled vehi-
cle the weight of which unladen does not exceed
five hundredweight and which is specially design-
ed and constructed, and not merely adapted, for
the use of persons suffering from some physical
defect or disability and is used solely by such
persons;

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4 Cap. 288) Motor Vehicles Insurance
(Third-Party Risks)

"local authority" means any authority which the
Cabinet shall by order published in the Gazette
declare to be a local authority for the purposes of
this Act;

"Minister" means the Minister responsible for the sub-
ject of Communications;

"motor vehicle" means any mechanically propelled
vehicle intended or adapted for use on roads;

< ' owner" in relation to a vehicle which is the subject
of a hiring agreement or hire purchase agreement,
means the person in possession of the vehicle under
the agreement;

"public road" means any street, road or open space
to which the public are granted access, and any
bridge over which a road passes, and includes any
privately owned street, road or open space to which
the public are granted access either generally or
conditionally.

Users of motor
vehicles to be

3. (1) Subject to the provisions of this Act, it shall
insured acainst not be lawful for any person to use, or cause or permit any
third-par& risks. other person to use,'aAmotor vehicle on a public road unless

there is in force in relation to the user ofthe motor vehicle
by that person or that other person, as the case may be, such
a policy of insurance or such a security in respect of third-
party risks as complies with the requirements of this Act.

(2) If a person acts in contravention of this section, he
shall be liable to a fine not exceeding three thousand dollars
or to imprisonment for a term not exceeding three months
or to both such fine and imprisonment and a person con-
victed of an offence under this section shall (unless the court
for special reason thinks fit to order otherwise and without
prejudice to the power of the court to order a longer period
of disqualification) be disqualified for holding or obtaining

Cap. 460. a driver's licence under the Vehicles and Road Traffic Act,
for a period of twelve months from the date of the conviction.

A person disqualified by virtue of a conviction under
this section or of an order made thereunder for holding or

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Motor Vehicles Insurance (CAP. 288 5
(Third- Party Risks)

obtaining a driver's licence shall for the purposes of the
Vehicles and Road Traffic Act, be deemed to be disqualified
by virtue of a conviction under the provisions of that Act.

(3) This section shall not apply to a motor vehicle owned
by the Government of Antigua and Barbuda or by the
Government of the United Kingdom or by any local authority
in Antigua and Barbuda whilst the vehicle is being used for
the purpose of the Government or local authority owning
the vehicle, or to invalid carriages.

4. (1) In order to comply with the requirements of ~ ~ ~ ~ n t s in
this Act, a policy of insurance must be a policy which- policies.

(a) is issued by a person who is an insurer, and

( 6 ) insures such person, persons or classes of per-
sons as may be specified in the policy in respect of any
liability which may be incurred by him or them in respect
of the death of or bodily injury to any person caused
by or arising out of the use of the motor vehicle on a
public road:
Provided that such a policy shall not be required to
cover-

(i) liability in respect of the death arising out of
and in the course of his employment of a per-
son in the employment of a person insured by
the policy or of bodily injury sustained by such
a person arising out of and in the course of
his employment; or

(ii) except in the case of a motor vehicle in which
passengers are being carried for hire or reward
or by reason of or in pursuance of a contract
of employment, liability in respect of the death
of or bodily injury to persons being carried
in or upon or entering or getting on to or
alighting from the motor vehicle at the time
of the occurrence of the event out of which
the claims arise; or

(iii) any contractual liability; or

(iv) liability in respect of the first twenty-four
dollars of any claim by any one person; or

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6 Cap. 288) Motor Vehicles Insurance
(Third-Party Risks)

(v) liability in respect of any sum in excess of ten
thousand dollars arising out of any one claim
by any one person; or

(vi) liability in respect of any sum in excess of one
hundred thousand dollars arising out of the
total claims for any one accident for each
vehicle concerned.

(2) Notwithstanding anything in any enactment con-
tained a person issuing a policy of insurance for the pur-
poses of this Act shall be liable to indemnify the persons or
classes of persons specified in the policy in respect of any
liability which the policy purports to cover in the case of
those persons or classes of persons.

(3) A policy shall be of no effect for the purposes of
this Act unless and until there is issued by the insurer in
favour of the person by whom the policy is effected a cer-
tificate (in this Act referred to as a "certificate of insurance")
in the prescribed form and containing such particulars of
any conditions subject to which the policy is issued and of
any other matters as may be prescribed, and different forms
and difference particulars may be prescribed in relation to
different cases or circumstances.

(4) In this Act the expression "policy of insurance"
includes a covering note.

Requirements in
respect of

5 . (1) In order to comply with the requirements of
securities. this Act a security must-

(a) be given by an insurer; and

(6) consist of an undertaking by the insurer to make
good, subject to any conditions specified therein, and
up to an amount of not less than forty-eight thousand
dollars in respect of each motor vehicle any failure by
the owner of the motor vehicle or such other person
or classes of persons as may be specified in the security
duly to discharge any such liability as is required to be
covered by a policy of insurance under the last preceding
section which may be incurred by him or them.

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Motor Vehicles Insurance (CAP. 288 7
(Third-Party Risks)

(2) A security shall be of no effect for the purposes of
this Act unless and until there is issued by the insurer in
favour of the person to whom it is given a certificate (in this
Act referred to as a "certificate of security") in the prescribed
form and containing such particulars of any conditions sub-
ject to which the security is issued and of any other matters
as may be prescribed, and different forms and different par-
ticulars may be prescribed in relation to different cases or
circumstances.

(3) In lieu of the security mentioned in this section a
deposit may be made by the owner of the motor vehicle or
by-the person who stands security for him of the sum of forty-
eight thousand dollars or approved securities to the like
amount in the hands of the Accountant-General to make good
any liability as is specified in this Act.

6. Any condition in a policy or security issued or given ~ ~ ? $ n s to
for the purposes of this Act providing that no liability shall policies or
arise under the policy or security or that any liability so aris- ~ ' ' ~ ~ ~ ~ e ~ ~ be
ing shall cease in the event of some specified thing being
done or omitted to be done after the happening of the event
giving rise to a claim under the policy or security shall be
of no effect in connection with such claims as are mentioned
in paragraph ( b ) of subsection (1) of section 4:

Provided that nothing in this section shall be taken to
render void any provision in a policy or security requiring
the person insured or secured to repay to the insurer any
sums which the latter may have become liable to pay under
the policy or security and which have been applied to the
satisfaction of the claims of third parties.

7. (1) If after a certificate of insurance has been issued ~~~;~~
under subsection (3) of section 4 in favour of the person by judgments
whom a policy has been effected, judgment in respect of any ;;:,": PF
such liability as is required to be covered by a policy under of third-
paragraph (6) of subsection (1) of section 4 (being a liability party risks.
covered by the terms of the policy) is obtained against any
person insured by the policy, then, notwithstanding that the
insurer may be entitled to avoid or cancel, or may have
avoided or cancelled, the policy, the insurer shall, subject
to the provisions of this section, pay to the persons entitled
to the benefit of the judgment any sum payable thereunder

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8 Cap. 288) Motor Vehicles Insurance
(Third- Party Risks)

in respect of the liability, including any amount payable in
respect of costs and any sum payable in respect of interest
on that sum by virtue of any enactment relating to interest
on judgments.

(2) No sum shall be payable by an insurer under the
foregoing provisions of this section-

(a) in respect of any judgment, unless before or
within seven days after the commencement of the pro-
ceedings in which the judgment was given, the insurer
had notice of the bringing of the proceedings; or

( 6 ) in respect of any judgment so long as execu-
tion thereon is stayed pending an appeal; or

(6) in connection with any liability, if before the
happening of the event which was the cause of the death
or bodily injury giving rise to the liability, the policy
was cancelled by mutual consent or by virtue of any
provision contained therein, and either-

(i) before the happening of the said event the cer-
tificate was surrendered to the insurer, or the
person in whose favour the certificate was
issued made a statutory declaration stating that
the certificate had been lost or destroyed, or

(ii) after the happening of the said event, but
before the expiration of a period of fourteen
days from the taking effect of the cancellation
of the policy, the certificate was surrendered
to the insurer, or the person in whose favour
the certificate was issued made such a declara-
tion as aforesaid, or

(iii) either before or after the happening of the said
event, but within the said period of fourteen
days, the insurer has commenced proceedings
under this Act in respect of the failure to sur-
render the certificate.

( 3 ) No sum shall be payable by an insurer under the
foregoing provisions of this section, if, in an action com-
menced before, or within three months after, the commence-
ment of the proceedings in which the judgment was given
he has obtained a declaration that apart from any provision

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Motor Vehicles Insurance (CAP. 288 9
(Third-Party Risks)

contained in the policy he is entitled to avoid it on the ground
that it was obtained by the non-disclosure of a material fact
or by a representation of fact, which was false in some
material particular, or if he has avoided the policy on that
ground that he was entitled so to do apart from any provi-
sion contained in it:

Provided that an insurer who has obtained such a
declaration as aforesaid in an action shall not thereby become
entitled to the benefit of this subsection as respects any judg-
ment obtained in proceedings commenced before the com-
mencement of that action unless before or within seven days
after the commencement of that action he has given notice
thereof to the person who is the plaintiff in the said pro-
ceedings specifying the non-disclosure or false representa-
tion on which he proposes to rely and any person to whom
notice of such action is so given shall be entitled, if he thinks
fit, to be made a party thereto.

(4) If the amount which an insurer becomes liable under
this section to pay in respect of a liability of a person insured
by a policy exceeds the amount for which he would, apart
from the provisions of this section, be liable under the policy
in respect of that liability, he shall be entitled to recover the
excess from that person.

(5) In this section the expression "material" means of
such a nature as to influence the judgment of a prudent
insurer in determining whether he will take the risk, and,
if so, at what premium and on what conditions, and the
expression "liability covered by the terms of the policy"
means a liability which is covered by the policy or which
would be so covered but for the fact that the insurer is entitled
to avoid or cancel, or has avoided or cancelled, the policy.

(6) In this Act reference to a certificate of insurance
in any provision relating to the surrender or the loss or
destruction of a certificate of insurance shall in relation to
policies under which more than one certificate is issued be
construed as references to all the certificates and shall where
any copy has been issued of any certificate be construed as
including a reference to that copy.

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10 Cap. 288) Motor Vehicles Insurance
(Third- Party Risks)

Bankruptcy, etc.,
of insured

8. Where a certificate of insurance has been issued
persons not to under subsection (3) of section 4 in favour of the person by
affect certain whom a policy has been effected, the happening in relation claims by third
parties. to any person insured by the policy of any such event as
Cap. 426. is mentioned in subsection (1) or subsection (2) of section 2

of the Third Parties (Rights against Insurers) Act, shall, not-
withstanding anything in this Act, not affect any such liability
of that person as is required to be covered by a policy under
paragraph (b) of subsection (1) of section 4 but nothing in
this section shall affect any rights against the insurer confer-
red by this Act on the person to whom the liability was
incurred.

Avoidance of
restrictions on

9. Where a certificate of insurance has been issued
scope of policies under subsection (3) of section 4 in favour of the person by
covering third- whom a policy has been effected, so much of the policy as
party risks.

purports to restrict the insurance of the persons insured
thereby by reference to any of the following matters-

(a) the age or physical or mental condition of per-
sons driving the vehicle; or

(b) the condition of the vehicle; or

(c) the number of persons that the vehicle carries; or

(d) the weight or physical characteristics of the
goods that the vehicle carries; or

( e ) the times at which or the areas within which
the vehicle is used; or

(f) the horse power or value of the vehicle; or

(.g) the carrying on the vehicle of any particular
apparatus; or

(h) the carrying on the vehicle of any particular
means of identification other than any means of iden-
tification required to be carried by or under the Vehicles
and Road Traffic Act,

shall as respects such liabilities as are required to be covered
by a policy under paragraph (6) of subsection (1) of section 4
be of no effect:

Provided that nothing in this section shall require an
insurer to pay any sum in respect of the liability of any per-
son otherwise than in or towards the discharge of that liability

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Motor Vehicles Insu~ance (CAP. 288 1 1
(Third-Party Risks)

and any sum paid by an insurer which is covered by the
policy by virtue only of this section shall be recoverable by
the insurer from that person.

10. (1) Any person against whom a claim is made Duty to give
information as to in respect of any such liability as is required to be covered third parties.

by a policy under paragraph (b) of subsection (1) of section 4
shall, on demand by or on behalf of the person making the
claim, state whether or not he was insured in respect of that
liability by any policy having effect for the purposes of this
Act, or would have been so insured if the insurer had not
avoided or cancelled the policy, and, if he was or would have
been so insured, give such particulars with respect to that
policy as were specified in the certificate of insurance issued
in respect thereof under subsection (3) of section 4.

(2) If without reasonable excuse any person fails to com-
ply with the provisions of this section, or wilfully makes any
false statement in reply to any such demand as aforesaid,
he shall be guilty of an offence against this Act.

1 . Where a certificate of insurance has been issued Duty to
surrender

under subsection (3) of section 4 in favour of the person by ,e,t;f;cate
whom a policy has been effected and the policy is cancelled ;C:lation of
by mutual consent or by virtue of any provision in the policy,
the person in whose favour the certificate was issued shall,
within seven days from the taking effect of the cancellation,
surrender the certificate to the insurer, or if it has been lost
or destroyed, make a statutory declaration to that effect, and
if he fails so to do he shall be guilty of an offence against
this Act.

12. The provisions of sections 7 to 11 inclusive shall ~ ; ~ ~ ~ t ~ ; o o f l
apply in relation to securities having effect for the purposes to securities.
of this Act as they apply in relation to policies of insurance,
and in relation to any such security as aforesaid, references
in the said section to being insured, to a certificate of
insurance, and to persons insured, shall be construed respec-
tively as references to the having in force the security, to
the certificate of security, and to the persons whose liability
is covered by the security.

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12 Cap. 288) Motor Vehicles Insurance
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Saving as to
preservation of 13. The rights of any person in respect of any liability
rights in case of incurred by an insured shall, in the event of the death of
death of an
insured. the insured, be preserved to and be enforceable by such per-

son against the personal representatives of the insured in
the same manner and to the same extent as such rights would
have been enforceable against the insured if he had survived
and the provisions of subsection (2) of section 4 shall apply
accordingly.

In this section the word "insured" means a person who
is insured under a contract of insurance against liabilities
to third parties or in respect of whom security or a deposit
in lieu thereof is given in accordance with the provisions of
this Act.

Requirements as
to production of 14. (1) Any person driving a motor vehicle on a
certificate of public road shall, on being so required by any police officer,
insurance or of
security. give his name and address and the name and address of the

owner of the motor vehicle and ~ r o d u c e his certificate and
if he fails so to do he shall be guilty of an offence against
this Act:

Provided that if the driver of a motor vehicle within
five days after the date on which the production of his cer-
tificate was so required produces the certificate in person
at such police station as may have been specified by him
at the time its production was required, he shall not be con-
victed under this subsection of the offence of failing to pro-
duce his certificate to the police officer.

(2) It shall be the duty of the owner of a motor vehicle
to give such information as he may be required by or on
behalf of any police officer not below the rank of sergeant
to give as to the identity of the driver of the motor vehicle
on any occasion when the driver was required under subsec-
tion (1) to produce the certificate, and if the owner fails to
do so, he shall be guilty of an offence against this Act.

(3) If in any case where, owing to the presence of a
motor vehicle on a road, an accident occurs involving per-
sonal injury to another person, the driver of the motor vehi-
cle does not at the time produce his certificate to a police
officer or to some person who, having reasonable grounds
for so doing has required its production, the driver shall report

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Motor Vehicles Insurance (CAP. 288 13
(Third-Party Risks)

the accident at a police station as soon as possible, and in
any case within twenty-four hours of the occurrence of the
accident, and there produce his certificate, and if he fails
to do so he shall be guilty of an offence against this Act:

Provided that a person shall not be convicted under this
subsection of the offence of failing to produce his certificate
if within five days after the occurrence of the accident he
produces the certificate in person at such police station as
may be specified by him at the time the accident was reported.

(4) In this section the expression "produce his cer-
tificate" means produce for examination the relevant cer-
tificate of insurance or certificate of security or such other
evidence as may be prescribed that the motor vehicle is not
or was not being driven in contravention of section 3.

15. If any sum is deposited by any person under the Deposits.
provisions of subsection (3) of section 5 no part of such sum
shall so long as any liabilities (being such liabilities as are
required to be covered by a policy of insurance under this
Act) which have been incurred by him have not been
discharged or otherwise provided for be applicable in
discharge of any other liabilities incurred by him.

16. (1) If, with intent to deceive, any person- Unlawfuluser of
certificates, etc.

(a) uses or lends to or allows to be used by any
other person, a certificate of insurance or certificate of
security within the meaning of this Act, or

( 6 ) has in his possession any document so closely
resembling such a certificate as to be calculated to
deceive,

he shall be guilty of a misdemeanour and shall be liable on
conviction on indictment to imprisonment for two years.

(2) If any person for the purpose of obtaining the issue
of a certificate of insurance or of a certificate of security under
this Act makes any false statement or withholds any material
information, he shall be liable to a fine not exceeding three
thousand dollars or to imprisonment for a term not exceeding
six months or to both such fine and imprisonment.

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14 Cap. 288) Motor Vehicles Insurance
(Third-Party R isks)

( 3 ) If any person issues a certificate of insurance or cer-
tificate of security which is to his knowledge false in any
material particular he shall be liable to a fine not exceeding
five thousand dollars or to imprisonment for a term not
exceeding six months or to both such fine and imprisonment.

(4) If any police officer has reasonable cause to believe
that any certificate of insurance or certificate of security pro-
duced to him in pursuance of the provisions of this Act by
the driver of a motor vehicle is a document in relation to
which an offence under this section has been committed he
may seize the document, and when any document is seized
under this section, the person from whom it was taken shall,
unless previously charged with an offence under this sec-
tion, be summoned before a Magistrate's Court to account
for his possession of the said document, and the Magistrate
shall make such order respecting the disposal of the said docu-
ment and award such costs as the justice of the case may
require.

Insurers to be
registered.

17. ( 1 ) From and after the appointed day no person
shall carry on the business of-

(a ) issuing policies of insurance; or

(6) giving securities;
against liabilities to third parties in relation to the user of
motor vehicles unless such person is registered under this Act.

Registration of
insurers.

18. ( 1 ) The Minister shall cause to be kept a register,
to be known as the Register of Insurers in such form and
manner and containing such particulars as may be prescribed.

(2) The Register of Insurers shall be open to inspec-
tion by any member of the public at all reasonable times.

( 3 ) Any person desiring to be registered under this Act
shall make application in such form and manner as may be
prescribed.

(4) Where the Minister decides to grant an application
he shall cause the applicant to be registered-

( a ) unconditionally; or

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Motor Vehicles Insurance (CAP. 288 15
(Third-Party Risks)

(6) subject to such restrictions and conditions
including the requirement that the applicant should
deposit and keep deposited with the Accountant-General
the sum of $50,000.00 or approved securities to the like
amount in respect of that business and approved by the
Minister as the Minister may specify in writing and
direct that a certificate of registration in the prescribed
form be issued to the applicant.

(5) Where the Minister refuses an application he shall
cause the applicant to be informed in writing accordingly.

(6) The Minister shall cause to be published in the
Gazette a list containing the names and addresses of all insurers
as soon as may be after the appointed day and thereafter
in the months of January and July in each year.

19. (1) Subject to the provisions of subsections (2) Conditions under
which

and (3) of this section the Minister may cause the registra- may
tion of an insurer to be cancelled- be cancelled.

(a) where the Minister is satisfied that such registra-
tion was procured as a result of any misleading false
or fraudulent representation or in consequence of any
incorrect information (whether such information was
supplied wilfully or otherwise); or

(b) where there has been a breach of any restric-
tion or conditions subject to which such insurer was
registered; or

(6) where such insurer fails to make any deposit
required by the Minister; or

(6) where such insurer fails to make any return or
furnishes any information in compliance with the
requirements of regulations made under this Act or fails
to furnish within a reasonable time, any information
requested by the Minister concerning the operations of
such insurer; or

(e) where the Minister has reason to believe that
such insurer has been or will be unable, as a result of
the state of his financial affairs, to satisfy claims made
against him pursuant to policies of insurance issued,
or securities given by him.

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16 Cap. 288) Motor Vehicles Insurance
(Third- Party Risks)

(2) Before the Minister causes the registration of an
insurer to be cancelled he shall give such insurer notice in
writing informing him-

(a) of the ground on which it is proposed to cancel
the registration; and

( 6 ) that he may show cause within a specified time
why the registration should not be cancelled.

If such insurer fails to show cause within the specified
time why the registration should not be cancelled, or if the
cause shown is inadequate in the opinion of the Minister,
he may thereupon cause the registration to be cancelled and
such decision of the Minister shall not be questioned in a
Court of Law.

(3) Upon cancellation of the registration of an insurer
the Minister shall cause notice of such cancellation to be
published in the Gazette.

Issuing policies
or giving

20. ( 1 ) Any person who contravenes the provisions
certificates of section 17 of this Act shall be guilty of an offence and
without being shall be liable on summary conviction before a Magistrate
registered.

to a fine not exceeding twenty-five thousand dollars or to
imprisonment with or without hard labour for a term not
exceeding six months or to both such fine and imprisonment
and in the case of a continuing offence to a further fine not
exceeding two thousand dollars for each day on which the
offence continues after conviction.

(2) Where a Company is guilty of a contravention of
the provisions of section 17 every director, manager, agent
and officer of the Company in Antigua and Barbuda who
is knowingly a party to the contravention shall be liable to
the penalties prescribed by subsection (1).

Deposits. 21. The Minister may, at any time, require any
insurer to make a deposit within such time and in such
amount as the Minister may specify in respect of different
insurers.

Savings. 22. Notwithstanding anything contained in this Act,
where any document purporting to be-

(a) a policy of insurance; or

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Motor Vehicles Insurance (CAP. 288 17
(Third-Party Risks)

(6) a security
against liabilities to third parties in relation to the user of
motor vehicles has been issued by a person who is not an
insurer or by a person whose registration as an insurer was
cancelled, whether before or after the issue of the document
such person shall be bound by any offer or undertaking made
or given by him in such document to the same extent that
he would be if the document were a policy or security which
complies with the requirements of this Act, and sections 7, 8
and 10 shall have effect in relation to him as if he were an
insurer.

23. All policies of insurance and all securities issued Savings.
or given, as the case may be, before the appointed day, being
policies and securities which, but for the Motor Vehicles
Insurance (Third Party Risks) (Amendment) Act, 1967,
would have complied with the rquirements of this Act, shall
be deemed after the 23rd of February, 1967, to comply with
the requirements of this Act and the persons by whom such
policies and securities were issued or given, as the case may
be, shall, after the 23rd February, 1967, be deemed during
the subsistence and for the purposes of such policies and
securities to be insurers.

24. (1) The Cabinet may make rules for prescribing Rules.
anything which may be prescribed under this Act, and
generally for the purpose of carrying this Act into effect, and
in particular, but without prejudice to the generality of the
foregoing provisions, may make rules-

(a) as to the forms to be used for the purposes of
this Act;

(6) as to application for and the issue of certificates
of insurance and certificates of security and any other
documents which may be prescribed and as to the keep-
ing of records of documents and the furnishing of par-
ticulars thereof or the giving of information with respect
thereto to the Commissioner or Police;

(c) as to the issue of copies of any such certificates
or other documents which are lost or destroyed;

(d) as to the custody, production, cancellation and
surrender of any such certificates or other documents;

LAWS OF ANTIGUA AND BARBUDA

18 Cap. 288) Motor Vehicles Insurance
(Third-Party Risks)

(e) for providing that any provisions of this Act
shall, in relation to motor vehicles brought into Antigua
and Barbuda by persons making only a temporary stay
therein, have effect subject to such modifications and
adaptations as may be prescribed;

(f) with respect to the payment of deposits under
this Act and the investment thereof or dealing therewith,
the deposit of stocks or other securities in lieu of money,
the payment of the interest or dividends from time to
time accruing due on any securities in which deposits
are for the time being invested and the withdrawal and
transfer of deposits;

@) as to the returns to be made, and information
to be furnished, by insurers or any specified class of
insurers.

(2) Rules made under this section may prescribe the
imposition of a fine not exceeding ten thousand dollars upon
offenders against the said rules and in default of payment
thereof imprisonment with or without hard labour for a term
not exceeding six months.

(3) Rules made unde this section shall have no force
or effect until they have been approved by Parliament.

Penalty. 25. Any person who is guilty of an offence against
this Act, for which no penalty has been specifically provided
shall be liable, on summary conviction, to a fine not exceeding
one thousand dollars or to imprisonment for a term not
exceeding three months.