Statutory declaration

A written statement of facts under the Statutory Declarations Act 1835 declared as being true before a commissioner or magisterial officer. In policy claims conditions the insurer calls for proofs of loss and may demand statutory declarations to verify the truth of an insured’s claim.

Statutory examinations

Examinations of boilers, steam and air receivers, hoists and lifts, and other plant and equipment in pursuance of a range of legislative requirements. The relevant legislation lays the inspection frequency, e.g. steam boilers 14 months, cranes and chains, ropes and lifting tackle 6 months. Inspections have to be carried by a ‘competent person.

Statutory exclusions

The Marine Insurance Act 1906, s.55, lists several losses for which underwriters are not liable unless the policy otherwise provides. The exclusions are: wilful misconduct; delay; wear and tear, ordinary leakage and breakage, inherent vice or loss caused by rats or vermin; injury to machinery not caused by maritime perils.

Statutory notices procedures

The FSA in its decision-making role has statutory powers to issues warning notices and decision notices. As a supervisory authority it is empowered to issue a supervisory notice which may order immediate action on the part of an authorised person or indicate that the matter concerned is open to review.