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Medical Indemnity (Prudential Supervision and Product Standards) Act 2003
11Intermediary’s responsibilities
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#### 11 Intermediary’s responsibilities
(1) A person (the intermediary) commits an offence if:
(a) the intermediary provides a financial service on or after 1 July 2003; and
(b) in the course of providing that service, the intermediary:
(i) arranges, or offers to arrange, for someone to enter into or renew; or
(ii) recommends that someone enter into or renew;
an arrangement under which a person (the cover provider) provides, or would provide, medical indemnity cover for a health care professional; and
(c) either:
(i) the cover provider is a constitutional corporation; or
(ii) the arrangement has, or would have, a relevant constitutional connection; and
(d) either:
(i) the cover provider is neither a general insurer nor a Lloyd’s underwriter; or
(ii) the arrangement is not, or would not be, effected by means of a contract of insurance.
Penalty: Imprisonment for 12 months.
(2) It does not matter whether the intermediary provides the financial service in the intermediary’s own right or as a representative of another person.
(3) To avoid doubt, the intermediary commits the offence whether or not the cover provider commits, or would commit, an offence against subsection 10(2).