S 217-15 repealed by No 87 of 2015, s 3 and Sch 1 item 123, effective 1 July 2015. For transitional provisions, see note under s
3-15
. S 217-15 formerly read:
SECTION 217-15 GROUNDS OF APPOINTMENT OF EXTERNAL MANAGERS
217-15(1)
The Council must not appoint an *external manager to a *health benefits fund unless the Council believes that the appointment of an external manager to the fund is, in the circumstances, in the interests of the *policy holders of the fund.
217-15(2)
The Council must not appoint an *external manager to a *health benefits fund unless:
(a)
the Council is satisfied, on reasonable grounds, that the private health insurer conducting the fund has contravened section 140-15 (compliance with the *solvency standard) in its conduct of the fund; or
(b)
the Council is satisfied, on reasonable grounds, that the insurer has, in its conduct of the fund, contravened a *solvency direction, a *capital adequacy direction or *prudential direction that the Council has given to the insurer; or
(c)
a request for *external management of the fund is made to the Council by a resolution of the board of *directors of the insurer; or
(d)
a ground specified in the Private Health Insurance (Health Benefits Fund Enforcement) Rules made for the purposes of this paragraph applies in respect of the fund.
217-15(3)
In forming the requisite state of mind for the purpose of subsection (1), or of any Private Health Insurance (Health Benefits Fund Enforcement) Rules made for the purposes of paragraph (2)(d) that require a particular state of mind, the Council may have regard:
(a)
to any information in its own records; and
(b)
to any report or return made to it, including any report received from an *inspector under section 214-25.
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