Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698072177233.pdf (Guyana)
GUYANA ACT No.

6 of 1985 INSURANCE ENACTME1 "TS (:\MENDMENT) ACT 1985 I asse ,�L"---­ uRNHAM, ..s.B President.

1985-----03-0l.

ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1.

Sr1ort title.

2 THE LAWS OF GUYANA [A.D. 1985 PART H Al.UENDIHENT OF THF.

IUOTJR VEHICLES INSURANCE (THHUJJ PARTY RISKS) ACT 2, Amendment o'.

: section � of the Motor Vehicles Insurance lThird Party Risks) Act.

3.

An1endm2nt of sccUon �:; of the l'vlotor Vehicles Insurance (Third Party Risks) Act.

4.
4.

Amendmvn� c: i"l h:rd f'.,rLy C :;(•e:thn Risks) Act.

t, of the Motor Vehicles l.nsurance 5. f/epoal oi �cd.i<m 5 c: ihn Motor Vehicles Insurance (Third Party Risks) Act.

6.

1\!TJC':1()11.!t�nt o:· '.

)( o:· \1(>�cr Vehicles (Third f'3.rLy Hi;;ks) /,ct.

Motor Vehicles 7.

1'.,mcncln1cnt 1' ... ��0L �; the of sectim1 of the 7 Imunnce Insurancc4I ('Third Party Risks) Aet.

8- .\1,1.c,1c:;·11'.

:'nt Party Risks) Act.


o� section ('Third 9 of the Motor Vehicles Insurance 9. f1.epl'al of sect:on 17 of the Motor Vehicles Insmance (Third Party Risks) Act.

10.

Amendment (Third Party Hisks) Act.

of section 18 of the Motor Vehicles Insurance l 1.

Rcp2i1l of section 20 G' the J\fotor Vehicles Insurance (Third Party Risks) Act.

12.

Arnrnclmcnt of secti�n 21 of the Motor Vehicles Insurance• .. (Third Par�y Risks) ,\ct.

of seeticn 13.

Amendment (Third Pariy Risks) 1\ct.


25 of the Motor Vehicles Insurance AMEND1\1ENT PART III OF ·nm PrnUUANCF, ACT Act.

Act.

Act.

9 of the Insurance 10 of th?

Insurance Insurance 14.

Amendment o:' 15.

Amendment 16.

/·.1110io.dmc1:t of 17.

Amendment section of s2cti0n secLon 18 of the Schcclule of the Fi;:st to the Insurance Act.

PART IV TRANSITIO:IJAL 18. l 2rtificate ineffective.

of Insurance, void or etc., not to be rendered 19 hemoval of difficulty.

20.

Order.

AD.
20.

Order.

AD.

l��85J !1VSURANCE FNACTMEiVTS (ATvfENDklENT; (No.

(, 3 AN ACT to amend th2 Niotor Vehicles Insurance (Third Party R'.sks) Act and the Insurance under the administration of the latter.

Act t0 bring the former Act Enacted by the Parliament of Guyana:-- A.D. 1985 PART I PRELil\HN ARY 1.This Act may be cited as the Insurance Enactments Short uue .

(Am2ndment) Act 1985.

PART II Al\'iENDMENT OF 'IHE MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ACT 2 o'.'
1he (Thinl P;]rt·:• Motor Vehiclrs Tnsunnce 2.Section.

Risks) of "authorised Act is hereby amended by substituting - the folloviing definition insurer" for the definitio11 cap.

s1,02.

to "insurer" '"c:uH10ris2d shall have the meaning assigned insurer" in section 2 Act;'.

of the Insurance Ar;ntnen.t, �.

t�� ·�,tar ;�1·,1,�:�� .,, (Thitd .>.111.y t;sJsbtu\t.

3.

Section .

. '

R' k \ t .

h �s) i C IS ere :..lS 1)y amen e y ele.mg lll SU )SCCt!Ol1 d " r h r 't " wor s OL sue a ,,ecun y .
3 of the Motor Vehicles 1 d d b d t Insurance .

• (Third Party A:n.�: 1ct:;,cnt, 1 of aCCll�ll ., (1) L le or t1.e .v!otor V<"i'll<'ll's Insurance (Tld,(I ltisks I Act.

Cap.

51 :Oj l'a1·ly 4.Sectton 4 of the Motor Vehicles Ri"iks) Act is hereby amended as follows Insurance -· (Third Party ,,111e11ch:ent �;.

t�t'�'.\;'.

r in Sl'.DSection (1) - (1) It1surancc (Third l"a:·ty 1-Usksi Act.

Cap.
Cap.

51:0:J (i)by substituting in paragraph (bl for the word'.> "death of or bodily injury to any person caused" to or damage to the property caused"; of any person the words "death of or bodily injury (ii)by substitutin� in the proviso for the words "Provided "Provided bodily injury"; that in the case of death or of to paragraph (h) that" the words (iii)by substituting viso to paragraph word "twenty-five" in paragraph (v) of the pro­ (b) for the word "five" ; the N,,.

61 THE LAWS OF GUYAN/i [A.D. !


()85 4 (iv)by substituting in paragraph (vi) of the pro­ viso ',o paragr&ph the word,.

"one hundred and twenty-five" (b) fer tho word "fifty" ; (2) by inserting sections as subsc.
:ctions (lA), (J B) and (lC) --- after subsection (1) the following sub· '(lA) For the purposes 0£ this Act, "property" does not include - (a)property vehicle; carried in or on a motor (b)property belonging by or in the custody person insured; to or held in trust of the or control or (c)any bridge, weighbrid ge, viaduct or beneath road or anything weighbridge, or road which has been damaged by vibration caused by the weight of the motor or of vehicle the load carried viaduct by the motor vehicle.
the bridge, (lB) In the case of damage to property, of insurance liability of - shall not be required in respect of any sum in excess a policy to cover (a)twenty thousand dollars where the liability arises by any one person; out of any one claim (b)one hundred thousand where the liability arises claims for any one accident.

dollars out of the total (lC) Sections 6 and 14 sha'.l not apply to damage to property.'.
(3) in subsection ( 2) - (i) by deleting the words "or in relation under this Act is in force by the owner of to the user of a motor vehicle which a security or who has made a deposit under this Act"; (ii)by dsleting ever the).

occnr; the words "or such owner" where­ (ii:) bv snhsri:uth� and twenty-£ive" for the worcl.s "one hundred the words "five hundred".

AD.

1_?85] l"fy_§URANCE ENA_Cj _ _!

'_A1_�"f\lTS ( AMENDMENT) [No.


6 5 5.Section 5 of the Motor Vehicles Insurance (Third Risks) Act is hereby repealed.

Party !��f;� gr Z\}i�1e�vrotor Insurance (Third Party h.isks) Act.

Cap.

51:03 6.Section Act is hereby amended 6 of the Motor Vehicles as follows - Risks) .. Insurance (Third Party ��:.,r:,���nt 01 t;ie Motor Vehicles Ins:1ra1cce · the words "or (l·, by deletin2.

- I ever they occur; security" where-<Third Party " R:sks) Act.

cap.
cap.

5LOJ (ii)by deleting the words "or given" and the words "or secm\,cl"; (iii)by deleting in the marginal note the words .

"or se�_ur.ities"; · Risks) 7.

Section · 7 of the Motor Vehicles Insurance b 11 d d f Act 1s here y amen e as o ows - .

.

(Third Party Amendment of section 7 o, t1i� -'IMor Vehicles Insurunce m subsection Party (4) the words "or <1H··,1 (i)by deletmg .

t"f" t f ·t " y ; cer 1 1ca e o secur1 R,sks) Act.

cap.
cap.

51:t;l (ii)by deleting in the marginal note the words 8.Section 9 of the Mo�or Vehicles Insurance (Third Party Amen,Lr:ent Risks) sp1oct of whom s::,�·:Eity Act is hereby amcn�ed or a dep0::;it by deleting in li2u thereof the words "or in re-g: �;i 1 c is given".

�E;t' ;��c , ('1 l,L , Risks) Act.

Cap.

51.0� t �?i�tir i'ar:y 9.Section 17 of the ;,Ioc::,:· \;2hicles Insurance (Third Risks) Act is h�reby repealed.
17 Party :Hepea, Ot sccllun of tnc I\11otor Vehicles Ins:1rar;.ce ( Third Party Ksks) .\.ct.. Cap.

51:0,l 10.

Section 18 of the Motor Vehicles as follows - Act is hereby amended Party Risks) Insurance (Third Amena:nent (i)by substituting in subsection (1) (a) for the <Third Party word "three" the word "twenty-five"; �i f��\��:�� Vehicles Insura:1cc �lt�sb\c/· (ii)by substitutin_g words "ten cents",fte in subsection words "one dollar".
(1) (b) for the 11.Section 20 of the Motor Vehicles � is hereby repealed.

Insurance Party Risks) (Third Repeal ,,f section 20 of tlie Motor Vehicles Insurance (Third Party Risks) Act.

Ca_"'>.

51:UJ 6 - ---- [A.D. 1985 �;e':,���ni1 12.

Section Z/'�Jr��etrv,Ol' Risks) Insurance ("!

hi1 a !

'arty Act.

R:sks) Ca;,.


5i:u3 21 of the Motor Vehicles Act is hereby amended as follows Insurance - (Third Party (i)by deleting curity" wherever they o-::cur; the words "or certificate of se­ (ii)by d2Ieting in subsection (2) the words "or oi a certificate of security"; (jii) by substituting in s:ibsccLion '·include" ai•1cl "rxr;:t1'ss:ons" prcssi::m" by d�lc::tinc_; sec�ffity" ai;d ";ncludes" the words (51 for the words the words "ex­ and of of security".
resnsctively 'and ,:certificate ' and "er a c:·rtificate '.?

::i o" th:: '.\Intor a!n.c�:d:�,c: as .

h' r��!

)y _:.-: L.s •!

a .. <':..' (Third P3rty R.sks) Act.

Ca;, .

.jl.UJ (i)by deletin� Insurance - "\'r:·'.1irles "and certificates of security" ing 2fte:-th2 w0rd "Commissiorr "or Commissioner (b) the words in subsection (1) o:nd by insert­ 0r" the word.s of Insurance"; fo11cnvs (Thin.

(ii)by dcletin-:; "stocks or other".


in subsection (1) (f) the words PART III AlvIE?lnJMENT OF THE INSURANCE ACT 01 U1c Am:nd ,.....�nt of section , lnsu1·ancc Ad.

Ca;,.

91:02 inserLng sections (4A) and (4B) - 14.Section 9 of the after subsection Insurance (4) the following Act is herchy amended by as sub­ subsections "(4A) Subsections Insurance (2) and (4) do not apply to a com­ on Mobr Vehicles Business in before the commem:cme:1t p:my c:;.rryin.

; (Third Party Risks) at·:ly Enactments r,'.


'.euirc th'.

', e:q,iration menc2ment subiect months from that commencement.

that company to m2ke a deposit or so as to require to section of one month after such corn­ (Amendm0nt) Act 1985 s0 as t�i 10. before the� end or three before Guyana :>nmedi­ o'.'

the Imarance r2gistration, (<±B) A. company carrying In�urance on Motor Vehicles Busin'.
:'ss in G1Jyana immedi­ (Third Party Risks) ately before the commencement Act 1935 shall surance not, at any time after the expiration of three on any months after such commencement carry in Guyana un- such class o; insurance (Amendment) Enactments business of the In­ AD.

1985] INSURANCE ENACTMENTS (AMENDMENT) [No.

6 ;7 less it has been registered by the Commissioner to carry on such insurance business.".

15.
15.

Section 10 of the In":lrance Act i::; hereby amended by Amendment 1��!ion 10 q�rctnce inserting after subsection (5) Uw following subsection as sub- �� 5 section (6) - tc Cap.

91:02 "(6) Every company carrying on Motor Vehicles In­ surance (Third Party Risks) Business in Guyana immediately before the commencement of the Insurance Enactments (Amendment) Act 1985 shall, within two months of such commenrement, make application in accordance with this sec­ t!
::m to the Commissioner for registration and, s,,bject to th:s Act, the Commissioner shall within one month after the receipt of the ap­ plication, if satisfied that the application is in ch·cordance with the provisions of this Act, re­ gister the compny.".

rn.

follows �·a,,.
51:03 Section 18 of the Iri�urance Act is hereby amended a,: Amendment of section 18 of tne 111-..:·.1,·ance (1) by sub:-tituting in subsection (1) for the words "1 ��� 91:02 to 4" the word.c; "1 to 4A", for the full stop at the er.·i a cobn and by adding the fo[owing proviso -- "Provided ihat after the commencement of the Insurance .ii:nactments (Amendment) Act 1985 e':ery insurance company carrying on Motor V'3hicles Insurance (Third Party Risks) Business shall make a deposit o:' two hundred and fifty thousand dollar" as aforesaid, even where such insurance comp:rny makes a deposit in respect of any other class of insurance business.
"; (2J by inserting after subsection (7) the following subscctinns as si.

:bsections (7 A) and (7B) - "(7 A) Where at �he commencement of the �n­ surance Enactments (Amen,'.

'.nent) Act 1985, any ,1mount or sPcur;tv is, in pur­ suanre o� the Motor Vehicles Insurance (Third Partv Risks) Act held hv the Accountart General by way o" dPp�,:;it on account o� � company carrvina on M0tor Vehicles Insurance (Third Partv 'Risks) Business.
the Accountant Gener::il sh�ll forthwith pay the amount, or transfer the security, to the Commissioner.

8 THE LAWS OF GUY ANA [/\.D.

19b3 (7B) Any amount or security on account of (7 A) shall, a company which is paid or transferred to the Commissioner subsection deposit company under this section, as part of the de- by the Commiss�oner posit so required.".

with ln compl'ance to the extent of the to be lodged by the be held • r2quired ,Hncnr1,n�nt 17.
The Firsi: Schedule inse:rUr.e s�1i���,1d'li t��,u\:�:.

41\- c�ri.c,1 :02 t amended by Act.

a� p��ra[raph i.o the insurance Act is herebv after paragraph 4 the following paragraph Insurance (Third Party Risks) "4A.

Motor Veh:cles Bi.

:siness, takin� o7 liability Insurance surance that is to say, the issue of or th2 unclcr­ O' � policy of in rcsp:ct issued un�lcr the :\Iotor Veh:clcs In­ Act.".

(Third Party Risks) Cap.

51:03 PART IV TRANSITIONAL certtflcnte 18.


The amendments made or insuran Insurance not t.> etc., i,e rendered v?f�cti��- tn-· cap.

51:03 t,ndcr �e, Vehicles .

.

.,, .

d strue as ren enng mehective or or a certificate insurance that Act before the commencement by this Act in the Motor shaE not be con- (Third Party Risks) Act .

void a vahd certificate jssued or a deposit of made, of this ,\ct and am of security .
d or deposit such certificate of this /,ct and the cond'tions deposit r., ,·er ?<: if this Act was issued or made continue shall, subject had not been enacted.

under which such ccrtUc�,te to be effective or and in to the other provisiou1; .

.

�;;;._,\..,·.

:1 ff icul ty.

of l.�.

\Vithout prnjudice if he thmks it necessary 1:o the for2going 10 l\1inist2r l)y order which shall l::ic subject .·\ ct. n o rr,ay.
of ,/ .e :\htional Motor Vehicles Insurance (Third surance for the nutpose giving effect of removin'I to the prov'sions '.lf'.v r,iHiculty of this Act.

those provisions Act, including to n:!c:ativ2 Assembly, amended by this J\ct, which m:1y arise· amend any of the provisions Party Risks) Act and the In· o" the prov:srons of this in or exp2dient t,i do reso1 .

,·:, 1 Cap.

fil:O� Cap.

91:02 urder.

Ca().


91:02 20.The Mini:,tcr which an �iuthorised 0£ sections 9(41' i m:.1y, imtire1· shuli c:omply cxt2nd th:-time within with the prnv:sion,; by order, and (4B) a:1.d J O(;Ji of the Insurance Act.

P::y_:ed hy ;lz,_, f'\/(!!i!:-n�!!

A.

':�·c1nl: --�-:o. i. ,<..c 1y 0:-1 1985-�-0i ' tr�.,, ... < ·-�h ... F. A. N aroin, of the C,'!c,·1c National Ass:?:11bly.

(Bill No.

1 / 1985).

111) (S l': 341'.�