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					            EMPLOYERS’ LIABILITY INSURANCE TRACING CODE

                                   A Guide for Claimants


This booklet explains how claimants can receive compensation for disease or
injury sustained at work through Employers’ Liability insurance. The Tracing
Code helps claimants to find otherwise untraceable Employers’ Liability
insurance policies. There is a dedicated ABI helpline if you have further
enquiries about the Tracing Code, on 020 7216 7492.

If an employee suffers from personal injury or disease caused during employment,
they may be able to claim compensation. There are currently two systems of
workplace compensation in the UK. The first, Industrial Injury Disablement Benefit,
is a state benefit, which an employee can receive without establishing fault. The
second is Employers’ Liability. To claim compensation under Employers’ Liability an
employee, or their representative, files a claim against the employer in whose
employ they were exposed to the cause of disease or injury. To receive
compensation the claimant must establish that the employer was legally at fault.

Employers’ Liability (EL) insurance covers employers for the cost of compensating
employees for disease or injury arising from their employ. EL insurance is provided
by insurance companies, many of whom are members of the Association of British
Insurers (ABI), and by underwriting syndicates who are members of the Lloyd’s
Market Association.

EL insurance has long been available in the UK, but was only made compulsory by
the Employers’ Liability (Compulsory Insurance) Act of 1969, which came into effect
in 19721. An employer must clearly display a certificate of EL insurance in the
workplace. Employers who are not legally required to have EL insurance include
some, but not all, public organisations, nationalised industries, health service
bodies, sole traders, and family businesses. However, many of these employers still
hold EL policies; and even if they do not, they are still potentially liable to pay
compensation for disease or injury to their employees.

An employee may not be covered by their employer’s relevant EL insurance policy
(i.e. the policy relating to the specific period of employment) if they:

            were not classed as an employee, for example, if they did not work
             exclusively for the employer or have income tax deducted from their
             salary by the employer, or supplied most of their own equipment
            were working abroad2

1
  In Northern Ireland, EL insurance was made compulsory by the 1972 Employers’ Liability (Defective
Equipment and Compulsory Insurance) (Northern Ireland) Order, which came into effect in 1975.
2
  If the employee was normally based in the UK, Channel Islands or Isle of Man (including offshore
installations or associated structures), they were probably covered.




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              EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




             sustained an injury or disease following a motor accident at work3
             were exposed to nuclear radiation
The above list is only a guideline. For further advice on the claimant’s employment
status, visit a Citizens’ Advice Bureau, a legal centre, or seek professional legal
help.

Long-tail industrial diseases

Receiving compensation under Employers’ Liability may be more complicated in the
case of certain long-tail industrial diseases, such as mesothelioma. These diseases
take a long time to develop and be diagnosed, and the employee:

             may have been exposed to the cause of the disease in the employ of
              more than one employer
             will not be able to claim against former employers who have ceased
              trading, and may be unable to find the relevant EL insurance policy
             may claim against former employers who are still trading but have lost
              the relevant EL insurance policy
             may be deceased, whereby the employee’s relative may be able to claim
              compensation in their place


The Code of Practice for Tracing Employers’ Liability Insurance Policies

To facilitate the tracing of past EL insurance policies, the ABI, in partnership with the
Government, instigated the voluntary Code of Practice for Tracing Employers’
Liability Insurance Policies in November 1999. The Code of Practice sets out the
procedures insurers will follow, and the standards they will meet, if they are asked to
help trace an employer’s EL insurance policy. The Code of Practice is not a
statutory code, and therefore does not provide claimants, or employers, with any
rights that do not already exist in law. Most insurance companies and syndicates
who write EL insurance policies have signed up to the Code of Practice. According
to the Code of Practice, insurers will:

             safeguard those EL insurance policy records that do exist
             do their best to search existing EL insurance policy records for enquirers
             store future policy records in ways that will make it easier to answer
              enquiries
Alongside the Code of Practice the ABI created the Employers’ Liability Insurance
Tracing Code to circulate enquiries to insurers. The Department for Work and
Pensions chairs a Review Body to ensure that signatories to the Code of Practice
uphold their tracing standards. The Review Body publishes a periodic Review
Statement, available from the Department for Work and Pensions. Review Body
members can be found in Appendix A.



3
  In this case, the employee may be covered separately by their former employer’s third party motor
insurance rather than by their EL insurance policy.




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              EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




How to claim under Employers’ Liability


1.    If the employee has sustained disease or injury during employment, the
      claimant should:

      (a) File a claim against each employer in whose employ they were exposed to
          the cause of disease or injury, and who is still trading. The employer may
          then claim from an insurer under the relevant EL insurance policy. The
          insurer will investigate the circumstances of the claim, and – where there is
          a liability upon the employer – negotiate a settlement with the claimant. If
          a trading employer has lost records of the relevant EL insurance policy, it is
          up to the employer, and not the claimant, to trace the policy. If the
          exposure to the cause of the disease, or the accident causing the injury,
          occurred since 1999, the employer is legally required to have the relevant
          policy, in accordance with the Employers’ Liability (Compulsory Insurance)
          Regulations.4

      (b) Claim for an injury sustained at work within three years of the accident or,
          for a disease, within three years of diagnosis.


2.    To find out if the employee’s former employer is still trading:

      (a) Where necessary, contact Her Majesty’s Revenue and Customs for the
          claimant’s employment history, which will also provide the exact names of
          their former employers. Contact your nearest tax office by phone.

      (b) Run a search on the Companies House website (a register of company
          information). To search for the company, fill in either its name, or its
          registered number. If you know the exact name tick the Alpha Index. If
          not, tick the Enhanced Index and select from one of the following
          categories:
             -     Live/recently dissolved: live companies and those dissolved in the
                   last twelve months
             -     Dissolved: companies dissolved in the last twenty years
             -     Previous names: previous company names (where a company
                   has changed its name) for the last twenty years

      o   If the employer is not listed on the Companies House register, it may not
          be a company or may have been dissolved over twenty years ago. In that
          case, apply to the Her Majesty’s Revenue and Customs for the employer’s
          tax records (see above).




4
 The Employers’ Liability (Compulsory Insurance) Regulations (1998), which came into force on 1
January 1999, require employers to retain certificates of insurance for 40 years.




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           EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




3.   If the employee’s former employer has ceased trading or is untraceable,
     contact:

     o   A specific insurer, if you know that they held the employer’s relevant EL
         insurance policy. You must provide at least the name and address of the
         employer at the time of employment, and any additional information you
         may have about the employer or the insurance policy. Signatories to the
         Code of Practice should respond to you within one calendar month. For
         contact details search:

           -     the ABI members list (for active insurance companies) or the ABI
                 Mesothelioma Contacts list (for mesothelioma cases only)
           -     the Lloyd’s Market Association members list (for active syndicates)
           -     the Association of Run-Off Companies (for insurers who are no
                 longer selling EL insurance)
           -     the Financial Services Compensation Scheme (for insolvent
                 insurers).
     o   A specific broker, if you know that they arranged the employer’s EL
         insurance policy for the relevant period of employment. For contact details,
         search the British Insurance Brokers Association website, or the Institute of
         Insurance Brokers website.

4.   If you cannot find any reference to the claimant’s former employer’s EL
     insurance policy, and you have exhausted all of the options above, use the EL
     Insurance Tracing Code.




                                        4
Employers’ Liability Insurance Tracing Code


The Tracing Code helps claimants to find otherwise untraceable EL insurance
policies, by circulating enquiries to insurers. It is a free of charge, fully automated
online system, which processes your EL insurance enquiry and emails you the
results.

You should only use the Tracing Code:

          if the claimant suffers personal injury or disease caused during
           employment
          if the claimant’s former employer(s) has ceased trading and you are
           unable to find the relevant EL insurance records
          if you have the necessary information, such as name and address,
           employee name, period of employment, and the type of disease or injury
          if you can be contacted by email for at least two months


You should not use the Tracing Code:

          if the claimant’s employer, or its successor, is still in existence
          if you know the claimant’s former employer did not have EL insurance
           during the relevant period of employment
          for accident claims where the accident has occurred after 1999
          for public or any other liability claims
          to catalogue your insurance history
          for any research purposes

The Tracing Code exists to help individuals receive vital compensation. Submitting
 bogus enquiries, and any other misuse of the system, is counterproductive.


The online enquiry form


In order to submit an enquiry to the Tracing Code, you need to fill in the online
enquiry form. Neither the ABI nor the Lloyd’s Market Association accept forms
by post, email or fax. To complete the form:

1.   Go to www.abi.org.uk/eltracing and click on the online form.
2.   Complete all mandatory fields marked with an *.
3.   Complete all fields using correct grammar and spelling.
4.   Provide as much information as possible to help insurers trace the relevant EL
     policy.
5.   If you have no information to input into non-mandatory fields, leave them
     blank; do not write N/A (not applicable) or N/K (not known).




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             EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




Below is an explanation of the fields of the enquiry form (highlighted in blue). Where
a field requires you to select from a drop-down list, this in included in the
Appendices at the end of this document.

1. Information about the Enquirer
*Name: your name (the person filling in the form). This must correspond to the email
address.
*Name of organisation: your organisation (law firm or law chambers) if you are
neither the employee nor the employee’s relative.
Address, *Telephone Number, Fax Number: yours (the person filling in the form).
*Email and *Confirm Email: your email address. Any response to your enquiry will
be made to this address, so make sure it is correct.
*Relationship to claimant: select from the drop-down list (Appendix B). If your
relationship is not listed, please choose ‘Other’. If you choose ‘Other’, you must
describe the relationship in the box Other.
Solicitor’s Reference: if you are a solicitor, fill in the reference number for the case.
2. Information about the Employer
*Companies House checkbox: you must check the Companies House website to
obtain the most precise details about the claimant’s former employer (see page 4
above). Tick the checkbox to confirm you have consulted the website.
*Name at time of employment: the most definite name of the employer that you are
aware of. If available, this should be the name stated on Her Majesty’s Revenue
and Customs schedule. Any variation on name should be put in the box 5.Other
Information (see below).
*Company designation: select from the drop-down list (see Appendix C)
*Company number: available on Companies House records, and Her Majesty’s
Revenue and Customs schedules.
*First line of address, *City; if not known, Region and Postcode: this must be the
most accurate address of the place of work at the time of employment (not, for
instance, where the headquarters were based, or where the employer is based
now). Any variation on name should be put in the box 5.Other Information (see
below).
*Nature of business: select the closest description from the drop-down list (see
Appendix D). If the former employer’s business falls outside of these categories,
please choose ‘Other’. If you choose ‘Other’, you must describe the nature of
business in the Other box.
*Trading Status: tick the following option:
     Ceased trading/dissolved/in liquidation: select the most accurate date you
     know of when the claimant’s former employer ceased trading or, according to
     the Companies House website, was dissolved or liquidated. If you do not
     know the month, January will be selected automatically.
     (The Still trading/active button is not to be used by claimants.)




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             EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




3. Information about the Employee
*Employee - First Name and Surname: the official names of the employee.
Claimant (if different to above) - First Name and Surname: if the claim is being made
for a relative of the employee, when the employee is no longer living.
Age: of the employee, if still living
*Period spent working for the employer: select the closest dates; if you do not know
the months, January and December will be selected automatically as the start and
end points.
*Disease or injury type: click on the link Industrial Diseases for definitions.
Either
      Tick the Mesothelioma checkbox.
OR
      Select the closest description of the claimant’s disease or injury from the drop-
      down list Disease or Injury Type. If the disease or injury falls outside of these
      categories, please choose ‘Other’. If you choose ‘Other’, you must describe
      the disease or injury in the box Other.
Fill in the date either:
      *For mesothelioma and disease claims only - Period of exposure: select the
      dates from and to which the claimant was exposed to the cause of disease
      (e.g. exposure to asbestos for an asbestos-related disease). This may be a
      shorter period than that of the employment. If you do not know the months,
      January and December will be selected automatically as the start and end
      points.
OR
      *For accident claims only - date of accident: select the closest date. If the
      accident date is 1999 or later, you should not use the Tracing Code. If you do
      not know the months, January and December will be selected automatically as
      the start and end points.
4. Information about Insurers
Please give any information you have about:
      o   Insurers for this case - this may include names of insurance companies or
          syndicates, policy numbers, policy dates. Please include details of any
          correspondence you have had with insurers.
      o   Insurance brokers or intermediaries.
      o   The policyholder, if different to the employer - for instance, the parent
          company.
5. Other Information
Please give any other information about the employer that you think may help with
the enquiry. This may include:
      (a) Variation on name or address.
      (b) Details of a parent company.
      (c) Details of mergers or takeovers, including dates.




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           EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




When you have completed the form


1.   Check the form thoroughly for any mistakes, including spelling and typing
     errors. The clearer you make the information, the easier it is for insurers to
     trace the relevant policy.

2.   Click on ‘Submit Enquiry’. If you have left blank or incorrectly completed any
     mandatory fields, the form will not be accepted. An automated red message
     will appear at the top of the form telling you what you need to correct, and the
     incorrect field will be highlighted in red.

3.   On clicking the ‘Submit Enquiry’ button you will receive an acknowledgement
     message on your screen, with a reference number for your enquiry. Make a
     note of the reference number, as it should be used in all future
     correspondence to identify your enquiry. You will also receive an immediate
     confirmation email from the system.

4.   Immediately after submitting you will have a chance to update your email
     address if it is incorrect. It is essential that your email address is correct, as all
     responses to your enquiry will be made to this address.

5.   Do not submit any further forms containing variation on detail (e.g. same
     employer, different address). These details should have been included in the
     original form under ‘Other Information’. Duplicate enquiries slow down the
     system and will be ignored.

6.   Do not send a copy of the ABI form to the Lloyd’s Market Association, or any
     other of the organisations listed in this booklet. Your enquiry will be processed
     by the automated ABI Tracing Code - other organisations cannot proceed
     further until you have received the results of the Tracing Code.




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                 EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




The tracing process


1.       Enquiries are collated by the system and circulated to insurers who are
         signatories of the Code of Practice. Mesothelioma enquiries are circulated at
         the end of each week, and all other enquiries at the end of the calendar
         month.

2.       Insurers have one calendar month in which to search their policy records for a
         match with the employer and the relevant period of employment. Policies are
         stored in databases, microfiche files, manual card indexes and paper files. The
         insurer inputs any matching information back into the Tracing Code.

3.       You will then receive a second email with the results of your enquiry. You will
         receive it within five weeks for mesothelioma enquiries, and within eight weeks
         for all other enquiries. The second email will tell you whether an insurer has
         found reference to the claimant’s former employer in their records. If your
         enquiry is successful the email will give details of the policy provided by an
         insurer or insolvency practitioner. If your enquiry is unsuccessful, the email
         will inform you that there has been nil response. As the Tracing Code is fully
         automated, the ABI cannot fast track any enquiries through the system.

4.       If your enquiry has been successful, write to each insurer or insolvency
         practitioner who has responded, enclosing a copy of the second ABI email, the
         Companies House record, Her Majesty’s Revenue and Customs schedule,
         and any other details you may have. The insurer will respond to the enquirer
         within four weeks of receipt of the enquiry. For contact details, see page 3.

5.       Once you have received the results of your enquiry, if you subsequently obtain
         further information on the employer in question, you can submit another
         enquiry with those added details. Similarly, if the Tracing Code receives
         information regarding your enquiry after the five- or eight-week period, the
         system will send you a third email.

Following changes in legislation, the success of tracing an EL insurance policy
depends partly on which date category it falls into. This is because:

               pre-1972 the employer in question may not have had an EL insurance
                policy as it was not legally required
               1972 – 1999 employers had EL insurance policies, as legally required5,
                but neither employers nor insurers were required to keep records of
                these policies, and therefore many have been lost or destroyed
               since 1999 employers have been legally required to retain certificates of
                EL insurance for 40 years; moreover, insurers who have signed up to
                the Code of Practice have undertaken to keep EL insurance records for
                60 years


5
    By the Employers’ Liability (Compulsory Insurance) Act (1969).




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             EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




Complaints procedure



1.     If you have a complaint about the conduct of a particular insurer in relation to
       their compliance with the Code of Practice, write to the insurer directly. You
       should state clearly what aspect of the Code you believe has not been
       observed, and provide supporting evidence.

2.     (a) If you are not satisfied with the explanation provided by an insurance
       company, you may refer the complaint in writing to the ABI. Write to:

     Employers’ Liability Insurance Tracing Code Manager
     Association of British Insurers
     51 Gresham Street
     London EC2V 7HQ

OR
     (b) If you are not satisfied with the explanation provided by a Lloyd’s syndicate,
     you may refer the complaint in writing to the Lloyd’s Complaints Department.
     Write to:

     The Manager
     Lloyd’s Complaints Department
     One Lime Street
     London EC3M 7HA

3.     As a last resort, if you are not satisfied with the explanation provided by either
       the ABI or the Lloyd’s Complaints Department, the dispute may be referred to
       the Department for Work and Pensions. Write to:

     Code of Practice on Tracing EL Policies
     Workplace Health Division
     Department for Work and Pensions
     Adelphi
     1-11 John Adam Street
     London WC2N 6HT

The Department for Work and Pensions will decide if the insurer acted in
accordance with the Code or not, on the basis of written evidence from you and the
insurer.

Where the Department for Work and Pensions concludes that a complaint is
justified, it will inform the insurer in writing (with a copy to the ABI or Lloyd’s
Complaints Department as appropriate), will give the insurer one calendar month in
which to rectify the situation. If the insurer does not do so, the Department for Work
and Pensions will recommend that the Review Body draw attention to the case in its
published Annual Statement – naming the insurer concerned.                 Where the
Department for Work and Pensions concludes that a complaint is unjustified, it will
inform you and the relevant insurer (with a copy to the ABI or Lloyd’s Complaints
Department as appropriate), with reasons for its conclusion.




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               EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




APPENDIX A: Review Body Members

Association of British Insurers www.abi.org.uk
Association of Personal Injury Lawyers www.apil.com
Association of Run-Off Companies www.arcrunoff.com
Confederation of British Industry www.cbi.org.uk
Department for Work and Pensions www.dwp.gov.uk
Financial Services Authority www.fsa.gov.uk
Financial Service Compensation Scheme www.fscs.org.uk
Forum of Insurance Lawyers www.foil.org.uk
International Underwriting Association www.iua.co.uk
Lloyd´s Market Association www.the-lma.com
Trades Union Congress www.tuc.org.uk

APPENDIX B: Relationship to Claimant

Claimant, Claimant’s relative, Claimant’s solicitor, Employer, Insurer, Insurance broker, Defendant’s
solicitor, Other (please specify)


APPENDIX C: Nature of business

Aerospace, Agriculture, Architecture, Asbestos stripping, Bakery/confectionary, Brewery, Ceramics,
Cleaning, Clerical, Construction, Dye works, Education, Electrician, Engineering, Engineering –
chemical, Engineering – mechanical, Flooring, Food production, Foundry/Metalworking, Furniture
making, Gas/Oil works, Glazing, Heating/ventilation, Joinery/wood working, Lagging/insulation,
Manufacturing – textiles, Manufacturing – metal, Manufacturing – motor, Mining, Packaging,
Painting/decorating, Plumbing, Power station, Printing, Property, Retail, Shipbuilding/breaking,
Shoemaking, Shop fitting, Transport – rail, Transport – bus, Transport – HGV, Upholstery, Other
(please specify)


APPENDIX D: Company designation

LTD: a private limited company, a legal entity where shareholders’ liability for debt is limited.
PLC: a public limited company, a legal entity where shareholders’ liability for debt is limited.
Partnership: a non-legal entity, where partners share the profits and are fully liable for debts.
Sole trader: a non-legal entity, where the owner is fully liable for debts.
Foreign Company: a business whose complete or majority ownership/control is in the hands of
individuals who are not citizens of the UK.


APPENDIX E: Disease or injury type

Below are the most common industrial diseases, although it is not a definitive list. For more
information, see the Health and Safety Executive website.

Asbestos-related conditions
Mesothelioma: malignant cancerous cells in the mesothelium (a protective sac that covers most of the
body’s internal organs).
Asbestosis: lung fibrosis (build-up of scar tissue) resulting from the inhalation of asbestos fibres.
Asbestos Related Cancer
Asbestos Related Illness
Pleural Plaques: localised areas of pleural thickening.
Pleural Thickening: thickening through fibrosis of the pleura (two-layered membrane surrounding the
lungs).




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               EMPLOYERS’ LIABILITY INSURANCE TRACING CODE: A GUIDE FOR CLAIMANTS




Other industrial diseases
Hand Arm Vibration Syndrome (HAVS): (Vibration White Finger changed to HAVS as other symptoms
may occur in addition to white fingers.) Slight but repeated injury to the small nerves and blood vessels
in the fingers, which can cause ‘white finger’ syndrome, numbness, and aches and pains triggered by
the cold.
Noise Induced Hearing Loss (NIHL): damage caused to the sensitive cells in the cochlea, which affects
hearing of certain frequencies.
Asthma: a chronic inflammatory disorder of the airways.
Bladder Cancer
Byssinosis: an obstructive airway disease.
Chrome Ulceration: crusted, painless lesions revealing a 2-5mm pitted ulcer.
Chronic obstructive pulmonary disease (COPD): a narrowing of the airways due to chronic bronchitis
(inflammation of the bronchi) or emphysema (damage to the smaller airways and alveoli).
Cumulative Back Injury (CBI): a repetitive micro-trauma involving micro-tears in spinal disks, which may
result in a bulging or ruptured disk.
Deep Vein Thrombosis (DVT): a blood clot (thrombus) that develops in a deep vein, usually in the lower
leg.
Dermatitis: an inflammation of the skin often seen as red, scaling, vesicular eruption, including eczema.
Isocyanate Poisoning: exposure to high concentrations could result in severe damage to the lungs and
lead to death.
Legionnaires Disease: a type of pneumonia caught by inhaling small droplets of water suspended in
the air which contain the Legionella bacterium.
Mucous Membrane Imbalance: a sinus, bronchial, ear or lung infection.
Multiple Chemical Sensitivity (MCS): a chronic condition affecting different parts of the body.
Non Asbestos-related Cancer
Non-Ferrous Metal Poisoning
Occupational Stress
Other Poisoning
Paralysis (Following Disease)
Pneumoconiosis: a lung condition characterized by formation of nodular fibrotic changes in lungs.
Repetitive Strain Injury (RSI): a soft tissue injury including carpal tunnel syndrome and tendonitis.
Whole Body Vibration (WBV): back pain caused by vibration transmitted through the seat or feet.


APPENDIX F: Nationalised industries

British Railways
Under the Transport Act 2000, the residuary liabilities of the former British Railways Board have been
vested in BRB (Residuary) Limited. These include liabilities for certain (but not all) pre-1994 liabilities
of the raliway industry, including liabilities of the old pre-nationalisation railway companies. Further
information can obtained from BRB (Residuary) Limited’s appointed claim handling agents, Crawford &
Co., Room 98, Trent House, RTC Business Park, London Road, Derby, DE24 8UP. Tel: 01332
265669.

APPENDIX G: Useful websites

British Insurance Brokers Association www.biba.org.uk
British Lung Federation www.lunguk.org
Citizens’ Advice Bureau www.citizensadvice.org.uk
Companies House www.companieshouse.gov.uk/info
Health and Safety Executive www.hse.gov.uk
Her Majesty’s Revenue & Customs www.hmrc.gov.uk
Institute of Insurance Brokers www.iib-uk.com

Office of Public Sector Information www.opsi.gov.uk




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