Seamen's Compensation Regulations 1918

Division 1.—Applications for Arbitration.

Parties to arbitration. Eng. r. 2 (1).

4. (1) When application is made for the settlement of any matter which under the Act is to be settled by arbitration the party making such application shall be called the "Applicant," and, subject to these Regulations, all other persons whose presence at the arbitration may be necessary to enable the judge or arbitrator effectively and completely to adjudicate upon and settle all the questions involved shall be made parties to the application, and shall be called the "Respondents."

Cf. Eng. r. 2 (2).

(2) In any case in which both the principal contractor and a contractor with him are alleged to be liable to pay compensation under the Act, all persons may be joined as respondents against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative.

Joinder of several applicants. Cf. Eng. r. 3.

5. More persons than one may be joined as applicants in one arbitration in any case in which any right to any relief arising out of the same injury to the same seaman is alleged to exist, whether jointly, severally, or in the alternative, provided that the judge or arbitrator upon the application of any respondent, if it appear to him that the joinder may embarrass or delay the proceedings, may order separate hearings.

Applications by dependants for settlement of compensation. Eng. r. 4 (1).

6. (1) An application on behalf of the dependants of a deceased seaman for the settlement by arbitration of the amount payable as compensation to such dependants may be made by the legal personal representative (if any) of the deceased seaman on behalf of the dependants or by the dependants themselves, and in either case the particulars to be filed as hereinafter mentioned shall contain particulars as to the dependants on whose behalf the application is made:

Eng. r. 4 (2).

Provided that, if there be any conflict of interest between the dependants themselves or if any dependants neglect or refuse to join in an application, the application may be made by or on behalf of some only of the dependants, the other dependants in either case being named as respondents.

Eng. r. 4 (3).

(2) In the construction of this regulation the term “dependants” shall include persons who claim or may be entitled to claim to be dependants but as to whose claim to rank as dependants any question arises.

Application by dependants under Act, First Schedule, paragraph (8). Where amount of compensation agreed upon or ascertained. Eng. r. 5 (1).

7. (1) In any case in which the amount payable as compensation to the dependants of a deceased seaman has been agreed upon or ascertained, but any question arises as to who are dependants, or as to the amount payable to each dependant, an application for the settlement of such question by arbitration may be made either by the legal personal representative (if any) of the deceased seaman on behalf of the dependants or any of them, or by the dependants or any of them, against the other dependants, and the persons claiming or who may be entitled to claim to be dependants, but as to whose claim to rank as such a question arises; or such application may be made by the persons claiming to be dependants, but as to whose claim to rank as such a question arises, or any of them, against the legal personal representative (if any) of the deceased seaman and to dependants, and such of the persons claiming or who may be entitled to claim to be dependants as are not applicants.

Eng. r. 5 (2).

(2) In any such case, if the employer has paid the agreed or ascertained amount of compensation, it shall not be necessary to make him a respondent, but if the compensation or any part thereof is still in his hands he shall be made a respondent.

Eng. r. 5 (3)

(3) The employer, if made a respondent, may pay the amount of compensation in his hands into the County Court in the place in which the proceedings have been commenced, to be dealt with as the judge or arbitrator directs, and thereupon further proceedings against him shall be stayed.

Parties to arbitration as to sum payable for medical attendance and burial. Act, First Schedule, par. (1) (a) (iii.)

8. (1) An application for the settlement by arbitration of the sum payable in respect of medical attendance on and the burial of a deceased seaman, who leaves no dependants, shall be made by the legal personal representative (if any) of the deceased seaman.

Eng. r. 6.

(2) If there is no legal personal representative, the application may be made by any person to whom any such expenses are due, and any other person known to the applicant as a person to whom any such expenses are due shall be joined in the application, either as an applicant or respondent.

Apportionment of such sum.

(3) In any case in which application is made for the settlement by arbitration of the amount payable in respect of medical attendance on and the burial of a deceased seaman, the amount awarded, if insufficient for the payment of the expenses in full, shall be apportioned between the persons to whom the expenses are due in such manner as the judge or arbitrator directs.

Rules of Court to apply to arbitration proceedings.

9. The provisions of the Rules for the time being of the County Courts of the places in which the proceedings have been commenced as to parties suing or defending on behalf of other persons having the same interest, and the provisions of those Rules as to persons under disability and partners suing and being sued shall, with the necessary modifications, apply to proceedings by way of arbitration under the Act.

Requests for arbitration. Eng. r. 8.

10. (1) Where any question has arisen and has not been settled by agreement, an application for the settlement of the matter by arbitration shall be made by the applicant filing with the Registrar a request for arbitration, intituled in the matter of the Act and in the matter of the arbitration, which request shall state concisely the subject matter of the claim.

Particulars.

(2) Particulars shall be appended or annexed to the request containing—

(a) A concise statement of the circumstances under which the application is made, and the relief or order which the applicant claims:

(b) The date of service of notice of the accident on the employer, or, if such notice has not been served, the reason for such omission:

(c) In cases of a seaman lost with his ship the date on which the ship was lost or is deemed to have been lost:

(d) The full names and addresses of the respondents and on the applicant and of his solicitor, if the proceedings are commenced through a solicitor.

Forms of request and particulars. Eng. r. 9.

11. (1) The request and particulars may be in accordance with such one of the forms in the Schedule as shall be applicable to the case, with such modifications as the nature of the case requires.

(2) A copy of the notice of the accident shall be appended or annexed to the particulars, and if a copy of such notice is not so appended or annexed the reason for the omission shall be stated in the particulars.

Application by employer. Eng. r. 10.

12. (1) Where an employer on whom a claim for compensation has been made desires to make an application for the settlement of any matter by arbitration, he shall file with the Registrar a request for arbitration in accordance with regulation 10, to which the seaman or the legal personal representative (if any) and the persons claiming or who may be entitled to claim to be dependants of a deceased seaman, or the other person (as the case may be) on whose behalf the claim was made, shall be respondents.

(2) Particulars shall be appended or annexed to the request containing—

(a) a concise statement of the circumstances under which the application is made;

(b) a statement whether the applicant admits his liability to pay compensation, or denies such liability, wholly or partially with (in the latter case) a statement of the grounds on and extent to which he denies liability;

(c) a statement of the matters which the applicant desires to have settled by arbitration; and

(d) the full names and addresses of the respondents and of the applicant, and of his solicitor, if the proceedings are commenced by a solicitor.

Copies for judge or magistrate and for respondents. Eng. r. 11.

13. The applicant shall deliver to the Registrar with the request and particulars a copy thereof for the judge or arbitrator and a copy for each respondent to be served.

Where applicant illiterate. Eng. r. 12.

14. Where the applicant is illiterate and unable to furnish the required information in writing, the request and particulars and copies shall be filled up by the Registrar or his clerk.

Division 2.—Proceedings in Arbitration before Judge.

Fixing day and place for arbitration. Eng. r. 13.

15. (1) On the filing of a request for arbitration, the Registrar shall transmit a copy of the request and particulars to the Judge, who shall as soon as conveniently may be appoint the place of hearing and the day and hour for proceeding with the arbitration.

(2) The day shall be so fixed as to allow the copies and the request and particulars to be served on the respondents at least twenty clear days before the day so fixed.

Notice to parties. Eng. r. 14.

16. (1) On the day for proceeding with an arbitration being fixed, the Registrar shall give or send by post notice in writing to the applicant stating the place at which and the day and hour when the arbitration will be proceeded with, and shall issue the copies and the request and particulars for service on the respondents, together with notices stating the place at which and the day and hour on and at which the arbitration will be proceeded with, and that if the respondents do not attend in person or by their solicitors such order will be made and proceedings taken as the judge thinks just and expedient.

(2) Where the request is filed by an employer, the notice to be served on the respondents shall be modified by the omission of the words therein relating to denial or admission of liability or compensation.

Service on respondents. Eng. r. 15.

17. (1) The copies and notices mentioned in the last preceding regulation shall be served on the respondents at least twenty clear days before the day fixed for proceeding with the arbitration.

(2) The copies and notices mentioned in the last preceding Regulation may be served—

(a) by a bailiff of a court; or, at the request of the applicant or his solicitor,

(b) by the applicant, or some clerk or servant in his permanent and exclusive employ; or

(c) by the applicant’s solicitor, or a solicitor acting as agent for such solicitor, or some person in the employ of either of them, or some person employed by either of them to serve such copies and notices.

(3) Service may be effected by delivering the copy and notice to the person on whom it is to be served, or by sending it by post in a registered letter addressed to him at his residence or place of business in accordance with the provisions of sub-actions (3) (4) and (5) of section 6 of the Act.

Where service effected otherwise than by bailiff.

(4) Where service is effected otherwise than by a bailiff, a copy of the document served with the date and mode of service indorsed thereon shall, within three clear days next after the date of service, or such further time as may be allowed by the Registrar of the court issuing such document, be delivered or transmitted to the Registrar by the applicant. The applicant shall also (unless the respondent files an answer) after the time limited for filing an answer, deliver or transmit to the Registrar an affidavit of the service of such according to Form 10 in the Schedule with such variations alterations and additions as the circumstances of the case require.

Service by post.

(5) Where a document is served by post it shall, unless the contrary be proved, be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post, and in proving the service of the document it shall be sufficient to prove that the same was properly addressed and registered.

(6) Subject to the provisions of section 6 of the Act as to the service of the notice of accident and the claim for compensation, any document, notice, or proceeding to be served on the owners or charterers of a ship shall be deemed to be sufficiently served if served on the managing owner or charterer or the manager for the time being of the ship, or (except where the master is claiming compensation) on the master of the ship.

Stay of proceedings.

18. Where several requests for arbitration are filed by different applicants against the same respondent in the same court in respect of matters arising out of the same circumstances, the respondent may, on filing an undertaking to be bound, so far as his liability to pay compensation is concerned, by the award in such one of the arbitrations as may be selected by the judge, apply to the judge under the Rules of the County Court relating to a stay of proceedings for an order to stay proceedings in the arbitration other than the one so selected until an award is made in the selected arbitration; and the Rules relating to a stay of proceedings shall, with the necessary modifications, apply accordingly.

Answer by respondent. Eng. r. 17.

19. (1) If any respondent desires to disclaim any interest in the subject-matter of an arbitration, or considers that the applicant’s particulars are in any respect inaccurate or incomplete, or desires to bring any fact or document to the notice of the judge, or intends to rely on the fact that notice of the accident, or of death, disablement, or suspension, was not given as required by the Act, or that the claim for compensation was not made within the time limited by the Act, or intends to deny (wholly or partially) his liability to pay compensation under the Act, he shall, ten clear days at least before the day fixed for proceeding with the arbitration, file with the Registrar an answer, stating his name and address, and the name and address of his solicitor (if any), and stating that he disclaims any interest in the subject-matter of the arbitration, or stating in what respect the applicant’s particulars are inaccurate or incomplete, or stating concisely any fact or document which he desires to bring to the notice of the judge, or on which he intends to rely, or the grounds on and extent to which he denies liability.

(2) The respondent shall with the answer file copies thereof for the applicant and the judge, and one copy for each of the other respondents and the Registrar shall within twenty-four hours after receiving the copies transmit the same by post to the applicant and the other respondents respectively, and may post or deliver a copy to the judge.

(3) Subject to any answer so filed the applicant’s particular and, in the case of a claim for compensation, the liability to pay compensation under the Act, shall be taken to be admitted:

Provided that in case of non-compliance with this regulation, and of the applicant not consenting at the arbitration to permit a respondent to avail himself of any matter of which he should, pursuant to this regulation have given notice by filing an answer, the judge may on such terms as he thinks fit, either proceed with the arbitration and allow the respondent to avail himself of such matter, or adjourn the arbitration to enable the respondent to file such answer.

(4) The provisions of this regulation shall, with the necessary modifications, apply to a case in which a request for arbitration is filed by an employer; but a respondent who fails to file an answer shall not be taken to admit the truth of any statement in the applicant's particulars in which he denies, wholly or partially, his liability to pay compensation.

Submission to award or payment into court by respondent. Eng. r. 18.

20. (1) Where a respondent from whom compensation is claimed admits liability he may at any time before the day fixed for proceeding with the arbitration—

(a) where the application is made by an injured seaman—file with the Registrar a notice that the respondent submits to an award for the payment of a weekly sum, to be specified in the notice; or

(b) where the application is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance on and the burial of a deceased seaman who leaves no dependants—pay into the County Court in the place in which proceedings have been commenced such sum of money as the respondent considers sufficient to cover his liability in the circumstances of the case.

(2) The Registrar shall within twenty-four hours from the time of any notice filed or payment made, pursuant to the last preceding sub-regulation, send notice thereof (with, where notice is filed, a copy of the notice) to the applicant and to the other respondents (if any).

Acceptance of weekly payment offered.

(3) If the applicant is a seaman, and elects to accept in satisfaction of his claim the weekly payment specified in the respondent’s notice, he shall send to the Registrar and to the respondent by post, or leave at the Registrar’s office and at the residence or place of business of the respondent, a written notice according to Form 15 in the Schedule stating such acceptance, within such reasonable time before the day fixed for proceeding with the arbitration as the time of filing of notice of submission by the respondent has permitted.

Acceptance of sum paid into court.

(4) If the application for arbitration is made on behalf of the dependants of the deceased seaman, or for the settlement of the sum payable in respect of medical attendance and burial as foresaid, and the applicant is willing to accept the sum paid into court in satisfaction of the compensation payable to the dependants, or in respect of such medical attendance and burial the case may be) he shall send to the Registrar and to the respondent by post, or leave at the Registrar’s office and at the residence or place of business of the respondent, a written notice of such willingness, according to Form 15 in the Schedule within such reasonable time before the day fixed for proceeding with the arbitration as the time of payment into court by the respondent has permitted.

If there be any other respondents, the applicant shall in like manner give notice of such willingness to such respondents; and if any of such respondents are willing to accept the sum paid into court in satisfaction of the compensation as aforesaid they shall in like manner give notice of their willingness to the registrar and to the applicant and other respondents.

Procedure if weekly payment offered or sum paid in is accepted.

(5) If the applicant is a seaman and elects to accept in satisfaction of his claim the weekly payment submitted to by the respondent, or if in any other case the applicant and all the respondents give notice of their willingness to accept the sum paid into court, the following provisions shall apply:—

(a) Where the respondent submits to an award for the payment of a weekly sum, the judge may, on an application made to him forthwith, make an award directing payment of the weekly sum accordingly.

(b) Where the respondent has paid money into court, further proceedings against such respondent shall be stayed, except as hereinafter mentioned; and

(i) if the applicant and the other respondents agree as to the apportionment and application of the sum, the judge may on application made to him on behalf of or with the consent of all such parties, forthwith make an award for the apportionment and application;

(ii) in any other case the arbitration may proceed as between the applicant and the other respondents.

Costs payable by respondent.

(c) The judge may, in his discretion, by his award order the respondent filing notice of submission to an award or paying money into court to pay such costs as the applicant and the other respondents, or any of them, may have properly incurred before the receipt of notice of submission to an award or payment into court, and his or their costs properly incurred in relation to notice of submission to an award or payment into court and of the notice of acceptance, including, if the judge on consideration of the facts of the case shall so order, any items which might have been allowed by order of the judge at the hearing of the arbitration.

(d) If the applicant or any respondent intends to apply for costs, he shall give notice of his intention in his notice of acceptance according to Form 15 in the Schedule; or where the time of filing notice of submission to an award or the time of payment into court by a respondent does not permit of notice on acceptance being given, the applicant or any respondent may apply for costs without giving notice.

Acceptance at any time before arbitration opened.

(6) Where any party has not given notice of acceptance in accordance with this regulation, he may nevertheless accept the weekly payments which the respondent has submitted to pay, or the sum paid into court, at any time before the arbitration is called on and opened subject to the payment of any costs which may have been reasonably incurred by the respondent since the date of filing notice of submission or the date of payment into court, and which may be allowed by the judge, and the judge may order any costs so allowed to be paid by the parties so accepting, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payments or compensation awarded to such party.

Procedure and costs if weekly sum offered or sum paid in is not accepted.

(7) In default of notice of acceptance by the applicant and all the respondents, the arbitration may proceed, but if no greater weekly payments or compensation is awarded than that which the respondent has submitted to pay or has paid into court, the respondent shall not be liable to pay any further costs than such as he might have been ordered to pay if the weekly payment offered or sum paid into court had been accepted, and the judge may order any costs incurred by the respondent after notice of submission to an award or payment into court to be paid by any party who has not given notice of acceptance of such weekly payment or sum, and may order the costs to be set off against any costs payable to such party, or to be deducted from any weekly payment or compensation awarded to such party. The judge may also order any costs incurred after notice of payment into court by any party who has given notice of acceptance to be paid by any other party who has not given such notice, and to be deducted from any compensation awarded to the last-mentioned party.

Submission to award or payment into court where employer admits liability

(8) The provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration admits liability to pay compensation.

Payment into court in case of injury to seaman.

(9) Where in the case of an injured seaman an employer admits liability, he may, at any time before the time fixed for proceeding with the arbitration, instead of filing a notice that he submits to an award for the payment of a weekly sum, file a notice that he submits to an award for the payment of a lump sum to be specified in the notice which he considers to be sufficient to cover his liability in the circumstances of the case, and may thereupon pay the sum into the County Court in which proceedings have been commenced, and the provisions of this regulation shall, with the necessary modifications, apply to a case in which an employer files a notice and pays money into court under this sub-regulation.

Submission to award or payment into court with denial of liability.

(10) An employer who denies liability may file a notice of submission to an award or pay money into court in accordance with this regulation, accompanied by a notice stating his name and address, and further stating that, notwithstanding such submission or payment, he denies his liability, together with as many copies of the notice as there are parties to whom notice of the submission or payment is to be sent, and the provisions of this regulation shall, with the necessary modification, apply to a case in which an employer files a notice of submission to an award or pays money into court under this sub-regulation, and a copy of the notice denying liability shall be sent by the Registrar to every person to whom notice of submission to an award or payment into court has to be sent.

Notice of claim to indemnity under section 7. Eng. r. 19.

21. Where a respondent claims to be entitled under section 7 of the Act to indemnity against any person not a party to the arbitration, he shall ten clear days at least before the day fixed for proceeding with the arbitration, file with the Registrar a notice of his claim and serve a copy of the same, together with a copy of the applicant's request and particulars and of the notices served on the respondent under regulations 16 and 17, upon the person against whom such claim is made.

Appearance by third party. Eng. r. 20.

22. If any person served with a notice under the last preceding regulation (hereinafter called the “Third Party”) desires to dispute the applicant's claim in the arbitration as against the respondent on whose behalf the notice has been given, or his own liability to such respondent, he must appear before the judge on the day fixed for proceeding with the arbitration, or on any day to which he may have received notice from the Registrar that the arbitration has been adjourned or postponed, and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the judge has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise, and his own liability to indemnify the respondent to the extent claimed in the notice served on him by the respondent:

Provided that if it appears to the judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on that day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.

Proceedings in default of appearance by third party. Eng. r. 21.

23. If the third party fails to appear on the day mentioned in the last preceding regulation, or, if the proceedings are adjourned under that regulation, on the day to which the proceedings are adjourned, then if the arbitration results in an award in favour of the applicant, or the arbitration is finally decided in favour of the applicant otherwise than by an award, the judge may on the application of the respondent make such award as the nature of the case may require in favour of the respondent against the third party; but execution thereon shall not issue without leave of the judge until after satisfaction by the respondent of the award or the amount recovered against him:

Provided that the judge may set aside or vary any award made by him against the third party under this regulation upon such terms as are just.

Application for direction may be given. Eng. r. 22.

24. The third party or the respondent may apply before or at the arbitration to the judge for directions: and the judge upon the hearing of the application may, if satisfied that there is a question proper to be determined as to the liability of the third party to make the indemnity claimed, in whole or in part, order the question of such liability as between the third party and the respondent giving the notice to be determined at or after the arbitration; and if not so satisfied may make such award as the nature of the case requires in favour of the respondent giving the notice against the third party: or the judge may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as are just, or to appear at the arbitration and take such part therein as is just, and generally may give such directions as he thinks proper for having the question most conveniently determined, and as to the mode or extent in or to which the third party shall be bound or made liable by the award in the arbitration.

Costs. Eng. r. 23.

25. The judge may decide all questions of costs as between a third party and the other parties to the arbitration, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case requires.

Notice of claim to indemnity under section 10 or otherwise than under section 7. Eng. r. 24.

26. (1) Where the respondent claims that if compensation is recovered against him he will be entitled under section 10 of the Act, or otherwise than under section 7 to indemnity against any person not a party to the arbitration, he shall file and serve a notice of his claim in accordance with regulation 21.

If person served makes default he is to be deemed to admit validity of award against respondent.

(2) If any person served with a notice under the last preceding sub-regulation (hereinafter called the “Third Party”) desires to dispute the applicant's claim in the arbitration as against the respondent on whose behalf the notice has been given, he must appear before the judge on the day fixed for proceeding with the arbitration, or on any day to which he may have received notice from the Registrar that the arbitration has been adjourned or postponed; and in default of his so doing he shall be deemed to admit the validity of any award made against such respondent as to any matter which the arbitrator has jurisdiction to decide in the arbitration as between the applicant and the respondent, whether the award is made by consent or otherwise:

Where notice not served in due time.

Provided that if it appears to the judge before or at the arbitration that the notice of claim has not been served on the third party in time to enable him to appear on the day hereinbefore mentioned, or that for any other sufficient cause the third party is unable to appear on such day, the judge may adjourn the proceedings in the arbitration on such terms, as to costs or otherwise, as are just.

Application to judge for directions as to conduct of arbitration.

(3) The third party or the respondent may apply before or at the arbitration to the judge for directions, and the judge upon the hearing of the application, may, if it appears desirable so to do, give the third party leave to resist the claim of the applicant against the respondent upon such terms as are just, or to appear at the arbitration and take such part therein as is just, and generally may give such directions as he thinks proper.

Costs.

(4) If the third party obtains leave to resist the claim of the applicant against the respondent, the provisions of regulation 25 as to costs shall apply.

Judge how far empowered to decide questions as to liability of third party.

(5) Nothing in this regulation shall empower the judge to decide (otherwise than by consent) any question as to the liability of the third party to indemnify the respondent, or to make any award in favour of the respondent against the third party, or to make any further or other order than that the third party shall not be entitled in any future proceedings between the respondent and such third party to dispute the validity of the award as to any matter which the judge has jurisdiction to decide in the arbitration as between the applicant and the respondent:

Provided that with the consent of the respondent and the third party—

(a) if the arbitration results in an award in favour of the applicant, or is finally decided in favour of the applicant otherwise than by an award, and the third party admits his liability to indemnify the respondent, the judge may, on application made to him at or after the hearing of the arbitration or the final decision thereof, make such award as the nature of the case requires in favour of the respondent against the third party; but execution thereon shall not issue without leave of the judge until after satisfaction by the respondent of the award against him or the amount recovered against him; or

(b) the judge may, on an application for directions, order any question, as to the liability of the third party to make the indemnity claimed, to be settled, a between the respondent and the third party by arbitration after the arbitration between the applicant and the respondent, and may on the subsequent arbitration make such award as the nature of the case requires in favour of either party against the other.

(c) the judge may decide all questions of costs as between the respondent and the third party and may order either of the parties to pay the costs of the other (including any costs payable by such party to any other party to the arbitration) or give such directions as to such costs as the justice of the case requires.

Third party procedure where employer is applicant. Eng. r. 25.

27. The provisions of regulations 22 to 26 shall, with the necessary modifications, apply to a case in which an employer who has filed a request for arbitration claims to be entitled to indemnity against any person not a party to the arbitration.

Claim to indemnity as between respondents. Eng. r. 26.

28. (1) Where a respondent claims to be entitled to indemnity against any other respondent, a like notice shall be issued and the like procedure shall thereupon be adopted for the determination of questions between the respondents as might be issued and adopted against such other respondent if such last-mentioned respondent were a third party.

(2) Nothing herein contained shall prejudice the rights of the applicant against any respondent.

Abridgment of time for service, answer, &c. Eng. r. 26a.

29. The judge may, for good cause shown, enlarge or abridge the time fixed by these regulations for service of a request for arbitration on any respondent, or the time for filing an answer, or serving a third party notice, or for taking any step, or filing any document, or giving any notice in any matter; and, if an order is made to that effect, a copy of the order shall be annexed to and served with the notice to be served on the respondent or applicant as the case may be.

Procedure on arbitration. Eng. r. 27.

30. (1) Subject to the special provisions of these Regulations, the procedure in an arbitration shall be the same as the procedure, including the power to grant adjournments, in an action commenced in the County Court by plaint and summons in the ordinary way, and shall be determined by the judge without a jury in so far as such procedure is applicable to proceedings by way of arbitration; and the statutory provisions and rules for the time being in force relating to actions shall, with the necessary modifications, apply to the arbitration accordingly; and in the application of such provisions and rules the applicant's request for arbitration shall be deemed to be a summons with particulars annexed, the day fixed for proceeding with the arbitration shall be deemed to be the return day, and the applicant and respondents shall be deemed to be plaintiff and defendants respectively:

Provided that the burden of proof of any facts which are not admitted shall be the same, whoever the party may be by whom the request for arbitration is filed.

Award.

31. (1) When the judge has drawn up, signed, and made his award, he shall cause it to be filed at the office of the Registrar, who shall prepare copies sufficient for service on all persons affected thereby, and forthwith send one copy of the same by post or otherwise to each of such persons.

(2) The judge shall have power at any time to correct any clerical mistake or error or any admitted error or mistake in the award arising from any accidental slip or omission.

(3) The award shall be enforceable in the same manner as a judgment or order of the court.

Division 3.—Proceedings before Arbitrator appointed by County Court.

Appointment of arbitrator. Cf. Eng. r. 29.

32. With respect to the appointment of an arbitrator by a County Court, the following provisions shall apply:—

(a) On an application being made for the settlement by arbitration of any matter, a judge of the County Court may (if, from the state of the business of the court, or for any other reason, a judge is unable to settle the matter within a reasonable time) appoint, by writing under his hand, and filed in the court, an arbitrator to settle the matter.

(b) In case of the death or refusal or inability to act of an arbitrator appointed under this regulation, the judge may, on the application of any party, appoint a new arbitrator in accordance with this regulation.

Fixing day for arbitration. Cf. Eng. r. 30.

33. (1) Where any matter is to be settled by an arbitrator, the judge shall return the copy of the request for arbitration to the Registrar, with the appointment of the arbitrator, to be transmitted to the arbitrator.

(2) The Registrar shall transmit the copy of the request and of the appointment to the arbitrator, who shall, as soon as conveniently may be, appoint a day and hour for proceeding with the arbitration, in accordance with regulation 15.

Procedure before arbitrator. Cf. Eng. r. 31.

34. On the day for proceeding with an arbitration being fixed, the Registrar shall proceed according to regulation 16, and thenceforward the arbitration shall proceed in the same manner as an arbitration before a judge, and these Regulations shall apply and the officers of the court shall act accordingly, with the substitution of the arbitrator for a judge:

Provided that—

(a) In any case coming within the provisions of paragraph (a) or paragraph (b) (i) of sub-regulation (5) of regulation 20, or in any other case in which, after an arbitrator has been appointed, but before the day fixed for proceeding with the arbitration, the parties agree upon an award, a judge may, on application made to him in or out of court on behalf of or with the consent of all parties, settle the matter himself; and thereupon the functions of the arbitrator as to the matter shall cease, and the Registrar shall forthwith inform him that the matter has been settled; and

(b) Any application for the enforcement of or for staying proceedings on an award, which would in the case of an award made by the judge be required to be made to the judge shall, in the case of an award made by an arbitrator, be in like manner made to the judge.

Submission of question of law by committee or arbitrator to judge. Cf. Eng. r. 32.

35. (1) Where a committee or an arbitrator (whether agreed on by the parties or appointed by a County Court) submits any question of law for the decision of a County Court under paragraph (3) of the Second Schedule to the Act, the submission shall be in the form of a special case.

(2) The case shall be intituled in the matter of the Act and of the arbitration, and shall be divided into paragraphs numbered consecutively, and shall state concisely such facts and documents as are necessary to enable the court to decide the questions of law raised thereby. Upon the hearing of the case the court and the parties shall be at liberty to refer to the whole contents of the documents, and the court shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at the hearing of an arbitration.

(3) The case shall be signed by the chairman and secretary of the committee or by the arbitrator, and sent to the Registrar, and the court shall, as soon as conveniently may be, appoint a day and hour for hearing the case, and instruct the Registrar to give notice forthwith to the parties.

(4) The day shall be so fixed as to allow notice to be given ten days at least before the day fixed for the hearing, unless the court shall, with the consent of all parties, fix an earlier day.

(5) The Registrar shall, on the application and at the cost of any party, furnish him with a copy of the case.

(6) On the hearing of the case the court may, after deciding the question submitted, remit the case with a memorandum of its decision to the committee or arbitrator, for them or him to proceed thereon in accordance with the decision; or if the decision of the court on the question submitted disposes of the whole matter, the court may make an award in the arbitration in accordance with the decision.

(7) The court may remit the case to the committee or arbitrator for re-statement or further statement.

(8) The court shall have the same power over the costs of a special case as a judge has over the costs of an arbitration, or may direct that the costs shall be dealt with as costs attending the arbitration; and the provisions of the Act and these Regulations as to costs shall apply accordingly.

Appeal to High Court or Supreme Court from decision of County Court.

36. (1) An appeal under paragraph (3) of the Second Schedule to the Act may be instituted by notice of appeal in accordance with the regulation.

(2) The party appealing shall, within twenty-one days after the decision of order appealed against is made, serve the notice of appeal on the opposite party, and shall file a copy of the notice of appeal in the County Court and in the Registry of the High Court in the State of the Supreme Court of the State, as the case requires.

(3) The notice of appeal must state the grounds of appeal, and must set out the court to which the appeal is made.

(4) The Registrar or other proper officer of the County Court in which the notice of appeal is filed shall, forthwith after receiving it, send to the Registrar or other proper officer of the court to which the appeal is made, all such proceedings in the County Court as are necessary to the hearing of the appeal.

Application of Rules of High Court or Supreme Court.

37. The Rules of the High Court or the Rules of the Supreme Court, as the case requires, shall, subject to these Regulations, apply to appeals under paragraph (3) of the Second Schedule to the Act, as far as such Rules are applicable.

C.7057.—2

Division 4.—General Provisions as to Arbitration.

Appearance of parties. Eng. r. 33.

38. (1) A party to any arbitration may appear—

(a) in person;

(b) by solicitor;

(c) by counsel;

or, by leave of the judge or arbitrator, a party may appear—

(d) by a member of his family;

(e) by a person in the permanent and exclusive employment of the party;

(f) in the case of a company or corporation, by any director of the company or corporation, or by the secretary or any other officer or any person in the permanent and exclusive employment of the company or corporation;

(g) by any officer or member of any society or other body of persons of which the party is a member or with which he is connected, or, where death results from the injury, by any officer or member of any society or other body of persons of which the deceased seaman was a member or with which he was connected; or

(h) under special circumstances, by any other person.

(2) No person other than a solicitor who appears or acts on behalf of any party in any arbitration under the Act shall be entitled to have or recover any fee or reward for so appearing or acting, other than such travelling expenses, and (in the case of a seaman or a member of his family) allowance for time (if any) as is allowed by the judge or arbitrator:

Provided that nothing in these Regulations shall affect the right of counsel to appear or act in any arbitration, or the right of any solicitor to recover costs in respect of his employment of counsel to appear or act as aforesaid.

Note to be taken of questions of law raised, &c., and copy furnished. Eng. r. 34.

39. At the hearing of any arbitration the judge shall make a note of any question of law raised, and of the facts in evidence in relation thereto and of his decision thereon and of his decision in the arbitration, and he shall, at the expense of any party to such arbitration, furnish a copy of the note so taken or allow a copy of the same to be taken by or on behalf of such party, and shall sign such a copy, whether a notice of motion by way of appeal has been served or not.

Claims for compensation.

40. (1) In the case of the death of a seaman the claim for compensation shall state the date on which news of the death was received by the claimant.

(2) The claim for compensation on behalf of the dependants of a seaman lost with his ship shall state the date on which the ship was lost or is deemed to have been lost.

Description of owners or charterers in documents and proceedings.

41. In any document, notice, or proceeding it shall be sufficient to describe the owners or the charterers of the ship as “the owners (or “charterers”) of the ship, ,”and the provisions of the County Court Rules for the time being of the place where the proceedings have been commenced as to the disclosure of the names of partners shall with the necessary modifications apply to the disclosure of the names of the owners or charterers.

Division 5.—Detention of Ships.

Detention of ships. Cf. Eng. r. 37.

42. (1) An application for an order for the detention of a ship under section 13 of the Act shall be made in accordance with this regulation.

(2) The application may (subject to the provisions of sub-regulation 9 of this Regulation) be made ex parte either in or out of court, according to Form 19 in the Schedule, and shall be supported by affidavit or other evidence showing, to the satisfaction of the judge, the grounds on which the application is made.

(3) The judge may, before granting the application, require the applicant to give or procure an undertaking, to the satisfaction of the judge, to abide by any order as to damages and costs which may be thereafter made, in case any person affected by the order for detention shall sustain any damages by reason of the order which the applicant ought to pay.

(4) An order for detention shall specify the amount for which security shall be given, and may be in accordance with Form 21 in the Schedule, and shall be issued in triplicate; one copy shall be delivered to the applicant, and the other two copies to the officer named by the judge; and one of the last-mentioned copies shall be delivered by the officer to the person who is at the time of the execution of the order apparently in charge of the ship, or, if there is no person apparently in charge, shall be affixed on the main mast or on the single mast of the ship; and the other copy shall be retained by the officer.

(5) The judge may at any time on good cause shown rescind any order for detention made by him.

(6) The provisions of any Act regulating the procedure of, and the Rules of, the Court in which the proceedings have been commenced as to security shall, with the necessary modifications, apply to the giving of security under this regulation; and the approval by the judge of any security shall be signified in writing signed by him.

(7) Where security is given by bond, the bond may be in accordance with Form 22 in the Schedule.

(8) If the judge rescinds any order for detention, or is satisfied that satisfaction has been made, or when security has been given and approved, or in any other case if the applicant so requires, the judge shall deliver, to the party applying for the same, an order according to Form 23 in the Schedule, directed to the officer named in the order for detention, authorizing and directing him, upon payment of all costs, charges, and expenses attending the custody of the ship, to release it forthwith.

(9) Notwithstanding anything contained in this regulation, a person intending to apply for an order for detention shall, if the name and address of an agent in the Commonwealth for the owners of the ship, or of a solicitor in the Commonwealth authorized to act for the owners, agent, master, or consignee of the ship, are known to him, give to the agent or solicitor such notice of the time and place at which the application for the order of detention is intended to be made as may be practicable in the circumstances of the case.

(10) If a solicitor in the Commonwealth represents that he is authorized to act for the owners, agent, master, or consignee of the ship, and signs an undertaking in accordance with Form 24 in the Schedule, to put in or give security for an amount agreed on between the parties or fixed by the judge, then, on the undertaking being filed in court—

(a) the judge may in his discretion refuse to make an order for detention; or

(b) if an order for detention has been made, but not executed, the judge may rescind it; or

(c) if an order for detention has been made and executed, the judge may deliver to the party applying for the same an order of release in accordance with sub-regulation (8) of this regulation.

(11) An undertaking given in accordance with the last preceding sub-regulation shall be filed in the court in which the application for an order of detention is made or is intended to be made.

(12) A solicitor who fails to put in or give security in pursuance of his undertaking shall be liable to attachment.

(13) Where proceedings by way of arbitration for the recovery of compensation are taken against the persons giving security, the request for arbitration and particulars shall state concisely the circumstances under which the persons giving security are made respondents.

(14) Where proceedings are commenced in any court in the Commonwealth other than that in which the order for detention was made or applied for, the Registrar of the court in which the order was made or applied for shall, on request, transmit to the Registrar of the court in which the proceedings are commenced all original documents filed in the matter, and a certified copy of all records made with reference to the matter, and any bond by way of security given in the matter, and shall transfer to the last-mentioned court any money paid into court by way of security in the matter; and the provisions of the Rules of Court as to the costs of copies and the costs of transmission shall apply to any transmission under this regulation.

(15) The costs incurred by any party in relation to an application for an order of detention and any proceedings consequent thereon may in any subsequent proceedings by way of arbitration be allowed as costs of the arbitration.

(16) For the purposes of this Regulation “Judge” means a justice of the High Court or a judge of the Supreme Court of a State.

Division 6.—Appointment of New Arbitrator.

Appointment of arbitrator by judge in place of arbitrator agreed on by the parties under Schedule II.,
paragraph (7). Cf. Eng. r. 40.

43. (1) In case of the death or refusal or inability to act of on arbitrator agreed on by the parties, any party to the arbitration who desires to make an application to the judge to appoint a new arbitrator shall apply in writing to the Registrar to fix a time and place for the hearing of the application.

(2) The Registrar shall send the notice of the application to a judge, who shall, as soon as conveniently may be, fix a time and place for the hearing of the application:

Provided that the time shall not, except by consent, be less than seven days from the date of the application to the Registrar.

(3) On the time and place for the hearing of the application being fixed, the Registrar shall issue to the applicant a summons under the seal of the court in accordance with Form 26 in the Schedule, addressed to the other party to the arbitration, and requiring him to attend on the hearing of the application.

(4) The summons shall be served by the applicant on the other party in accordance with regulation 17 not less than four clear days before the day fixed for the hearing, unless the other party agrees to accept shorter service.

(5) On the day fixed for the hearing the judge shall dispose of the application on hearing the parties, or on hearing the applicant and on proof of service of the summons on the other party, if that party does not appear.

(6) Before appointing any person to act as arbitrator, the judge shall ascertain whether the person is willing to serve if appointed.

(7) The appointment may be made by endorsement on the summons, or by a separate order.

(8) The costs of the application shall be in the discretion of the judge, who may order the same to be paid by one party to the other, or to be dealt with as costs attending the arbitration.

(9) The costs, if allowed, shall be taxed at such scale as the judge directs.

Division 7.—Registration, Reference, and Removal of Memoranda and Agreements.

Memorandum to be sent to prescribed authority. Act, Second Schedule, paragraph (8).
Eng. r. 41.

44. (1) Where the amount of compensation under the Act has been ascertained or any weekly payment varied or any other matter decided under the Act either by a committee or by an arbitrator or by agreement, the memorandum, which is by paragraph (8) of the Second Schedule to the Act required to be sent to the prescribed authority, shall be in accordance with such one of the Forms in the Schedule as is applicable to the circumstances of the case, and shall be left at the office of the prescribed authority or sent by post by registered letter addressed to the prescribed authority at his office as soon as may be after the matter has been decided.

(2) Where the matter is decided after a medical referee has been appointed to report on any matter under paragraph (12) of the Second Schedule to the Act, a copy of the report of the referee shall be annexed to the memorandum and recorded therewith; and if the referee attended any proceeding in the arbitration, it shall be so stated in the memorandum.(3) In case of an agreement as to any matter referred to in sub-regulation (1) of regulation 52 a separate statement as required by that paragraph shall be left or sent with the memorandum of the agreement.

(4) In the case of an agreement between an employer and a seaman, the employer shall, within thirty days after the date of the agreement, cause the memorandum of the agreement to be left with or sent to the prescribed authority. Penalty: Five Pounds.

(5) Nothing in this regulation shall prevent any party interested from forwarding a memorandum of an agreement to the prescribed authority.

Authentication of memorandum of agreement. Eng. r. 42.

45. (1) If the matter is decided by a committee or an arbitrator, the memorandum shall be authenticated by the signatures of the chairman and secretary of the committee, or by the signature of the arbitrator; and it shall be the duty of the committee or arbitrator, as soon as may be after the decision, to draw up the memorandum and to sign the same and to leave or send the same as aforesaid or to deliver the same to some party interested to be by him so left or sent.

(2) If the matter is decided by agreement, the memorandum shall be authenticated by the signatures or signature of the parties to the agreement, or one of them, or in the case of employers, by the signature of some official or other person in their employ duly authorized to sign on their behalf, or in the case of persons under disability by the signature of their next friend on their behalf.

(3) There shall be left or sent with the memorandum a copy thereof for every party interested, other than the party (if any) by whom, the memorandum is left or sent.

(4) Where the matter is decided by agreement, the prescribed authority may, if the original agreement is in writing, and is not left or sent to be recorded, require such original agreement to be produced; but he shall not be entitled to retain the same where a memorandum thereof is left or sent to be recorded.

(5) An agreement or memorandum of an agreement may be left with or sent to the prescribed authority by insurers on behalf of the parties interested.

(6) An agreement made by or on behalf of any person under any legal disability shall be conditional only unless and until a memorandum thereof has been recorded in accordance with the Act and these Regulations.

Notice to parties interested of memorandum having been received. Eng. r. 43.

46. On receipt of the memorandum the prescribed authority shall send one of the copies thereof to every party interested, with a notice, in accordance with Form 29 in the Schedule requesting the party to inform him within seven days from the date of the notice whether the memorandum is genuine, or whether he disputes it, and if so in what particulars, or objects to its being recorded, and if so, on what grounds.

Recording of memorandum if not disputed. Eng. r. 44.

47. If all the parties interested admit the genuineness of the memorandum, or do not within such period of seven days dispute it or object to its being recorded, the prescribed authority shall subject to proviso (d) to paragraph (8) of the Second Schedule to the Act, and to regulation 52, record it without further proof.

Where memorandum disputed or employer objects to its being recorded. Act, Second Schedule, paragraph (8) (b). Eng. r. 45.

48. If any party interested disputes the genuineness of the memorandums or if, where a seaman seeks to record a memorandum of agreement between his employer and himself, the employer alleges that the seaman has in fact returned to work and is earning the same wages as he did before the accident, and objects to the recording of the memorandum, the party or employer shall within seven days from the date of the notice mentioned in regulation 46 file with the prescribed authority a notice, according to Form 30 in the Schedule, that he disputes the genuineness of the memorandum or that he objects to its being recorded, and shall with such notice file a copy thereof for each of the other parties interested.

Notice of dispute or objection Eng. r. 46.

49. On the receipt of the notice mentioned in the last preceding regulation, the prescribed authority shall send a copy thereof to each of the other parties interested, together with a notice in accordance with Form 31 in the Schedule informing the party that the memorandum will not be recorded except with the consent in writing of the party or employer disputing the same or objecting to the same being recorded, or by the order of a judge of a County Court.

Subsequent proceedings. Eng. r. 47.

50. (1) If the consent mentioned in the last preceding regulation is obtained the prescribed authority shall subject to proviso (d) to paragraph (8) of the Second Schedule to the Act and to regulation 51 record the memorandum without further proof.

(2) If the consent cannot be obtained, any party interested may apply to a judge of a County Court to order the memorandum to be recorded:

Amendment of memorandum by consent.

Provided that if all parties interested consent in writing to any amendment of the memorandum and to the recording of the same as so amended, the prescribed authority may amend the memorandum accordingly and record the same without further proof.

Proceedings on application for record of memorandum or rectification of register. Eng. r. 48.

51. The following provisions shall apply to an application to a judge of a County Court for an order that a memorandum be recorded, or an application to a judge of a County Court to rectify the register pursuant to paragraph (8) of the Second Schedule to the Act—

(a) The application shall be on notice in writing stating the relief or order which the applicant claims.

(b) The notice shall be filed with the Registrar and copies thereof shall be served—

(i) in the case of an application for an order that a memorandum be recorded, on the party disputing the memorandum or objecting to its being recorded, and on all other parties interested;

(ii) in the case of an application to rectify the register, on every party who would be affected by the rectification subject to the provisions of these Regulations as to the parties to an arbitration; or on the solicitor of such party ten clear days at least before the hearing of the application, unless the court gives leave for shorter notice.

(c) On the hearing of the application witnesses may be orally examined in the same manner as on the hearing of an action in the County Court.

(d) On the hearing of the application the court may make such order or give such directions as it thinks just, regard being had in the case of an application for an order that a memorandum of an agreement be recorded, to proviso (d) to paragraph (8) of the Second Schedule to the Act.

(e) The provisions of the Act and these Regulations as to the costs of an arbitration before a judge shall apply to the application.

Where memorandum of agreement relates to matter within Second Schedule, paragraph (8), proviso (d) of Act. Eng. r. 49.

52. (1) Where a memorandum of agreement as to the redemption of a weekly payment by a lump sum, or as to the amount of compensation payable to a person under any legal disability or to dependants, is presented for registration, the prescribed authority shall, before recording the memorandum, make such inquiries and obtain such information as he thinks necessary in order to satisfy himself whether the memorandum may properly be recorded, regard being had to proviso (d) to paragraph (8) of the Second Schedule to the Act.

(2) It shall be the duty of the parties to the agreement to answer such inquiries and give such information accordingly.

(3) Where it appears to the prescribed authority that the memorandum ought not to be recorded for any reason mentioned in the said proviso, he shall transmit to the Registrar of a County Court all documents in the matter, together with a report in writing stating the information he has obtained and the grounds on which it appears to him that the memorandum ought not to be recorded.

(4) The Registrar shall bring the matter before the court as soon as conveniently may be, and, if on consideration of the report of the prescribed authority, it appears to the court that the memorandum may properly be recorded, it may so direct, and the memorandum shall be recorded accordingly.

(5) If on consideration of the report of the prescribed authority it appears to the court that the memorandum should not be recorded without further inquiry, the prescribed authority shall, on being so informed by the Registrar, send notice to the parties to the agreement according to Form 33 in the Schedule informing them that he has referred the matter to a County Court, and requiring them to attend on a day to be named in the notice, when the matter will be inquired into by the court.

(6) The notices shall be sent to the parties or their solicitors ten clear days at least before the day fixed for the inquiry, unless the court directs shorter notice to be given.

(7) At the inquiry witnesses may be orally examined in the same manner as on the hearing of an action in the County Court.

(8) At the inquiry the court may make such order or give such directions as it thinks fit.

(9) The provisions of the Act and these Regulations as to the costs of an arbitration before a judge shall apply to the inquiry, and in particular if it appears that a report of the prescribed authority has been rendered necessary by the neglect or refusal of any party to an agreement to furnish any information reasonably required of him by the prescribed authority, such party may be ordered to pay the costs of the inquiry.

Application for removal of agreement from register under provisions of paragraph (8), proviso (e), Second Schedule to Act. Eng. r. 50. Notice where inquiry directed by judge or magistrate.

53. (1) An application to a County Court by or on behalf of any party for the removal from the register of the record of a memorandum of an agreement under proviso (e) to paragraph (8) of the Second Schedule to the Act shall be made on notice in writing, and the provisions of regulation 51 shall apply to the proceedings on the application.

(2) If it appears to the court, on a report by the prescribed authority without such application, as in the last preceding sub-regulation mentioned, that the record of a memorandum of an agreement should be removed from the register pursuant to the said proviso, the Registrar shall send notice to the parties to the agreement according to Form 35 in the Schedule, requiring them to attend on a day to be named in the notice when the matter will be inquired into by the court.

(3) The notice shall be sent and the inquiry held in accordance with the provisions of the last preceding regulation, and the provisions of that regulation shall apply to the inquiry.

Payment and investment and application of lump sum payable under agreement in lieu of or in redemption of weekly payment to person under disability. Eng. r. 50 (a).

54. (1) Where an agreement is made for the payment of a lump sum in lieu of a weekly payment to a person under any legal disability or for the redemption by a lump sum of a weekly payment payable to a person under any legal disability, and a memorandum thereof has been recorded in accordance with the Act and these Regulations, the sum shall be paid to the prescribed authority and shall be invested, applied, or otherwise dealt with in such manner as a judge or the Comptroller-General in his discretion thinks fit for the benefit of the person entitled thereto, and the receipt of the prescribed authority shall be a sufficient discharge in respect of the amount paid in.

(2) The provisions of paragraph (6) of the First Schedule, to the Act and of regulation 53 shall apply to the payment and the investment and application of the sum.

Division 8.—Payment and Investment of Moneys and Suspension of Payments.

Application to stay proceedings or suspend weekly payment on refusal of seaman to submit to examination under Act, Schedule I., par. 5, par. (11), or par. (16). Eng. r. 55.

55. (1) In any case in which a seaman has given notice of an accident, or is receiving weekly payments under the Act, and the employer alleges that the seaman refuses to submit himself to medical examination in accordance with paragraph (5), paragraph (11), or paragraph (16) of the First Schedule to the Act, or in any way obstructs the examination, the employer may apply for a suspension of the right to compensation and take or prosecute any proceedings under the Act in relation to compensation, or of the right to the weekly payments, until the examination has taken place, in accordance with this regulation.

(2) Where proceedings are pending before a committee or an arbitrator agreed on by the parties, the application shall be made to the committee or arbitrator.

(3) Where the seaman has given notice of an accident, but no proceedings are pending, or proceedings are pending before the judge or an arbitrator appointed by him, the application shall be made to the judge.

(4) Where the seaman is receiving weekly payments under an award, or memorandum, then—

(a) if proceedings for a review of the weekly payment are pending before a committee or arbitrator agreed on by the parties, the application shall be made to the committee or arbitrator;

(b) if no proceedings for review are pending, or if proceedings for review are pending before the judge or an arbitrator appointed by him, the application shall be made to the judge.

(5) Where the application is made to the judge, it may be made in or out of court in accordance with regulation 51, and the provisions of that regulation shall apply to the proceedings on the application, but in such case the notice shall be served on the seaman or his solicitor five clear days before the hearing of the application, unless the judge or Registrar gives leave for shorter notice.

Payment investment and application of payment in case of death. First Schedule, paragraph (6) of Act. Eng. r. 56a.

56. (1) Where any payment in the case of death is to be paid to the prescribed authority pursuant to paragraph (6) of the First Schedule to the Act, the following provisions of this regulation shall have effect.

(2) Where any money is to be paid to the prescribed authority under an award under an arbitration under the Act, payment shall be made in accordance with the directions contained in the award.

(3) The employer shall forthwith give notice to the persons interested in the sum paid in of the payment having been made.

(4) On the payment of money the prescribed authority shall forthwith send by post to each of the persons appearing by the award, or memorandum, to be interested in such money a notice of the said payment in accordance with Form 42 in the Schedule:

Provided that in the case of infant dependants residing with their mother or guardian it shall be sufficient to send such notice to the mother or guardian only.

(5) If all questions as to who are dependants and the amount payable to each dependant have been settled by agreement or arbitration before payment to the prescribed authority, the sum paid shall be allotted between the dependants in accordance with the agreement or award, and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the Comptroller-General, as he thinks fit, for the benefit of the person entitled thereto in accordance with paragraph (6) of the First Schedule to the Act.

(6) If any such questions have not been settled before payment to the prescribed authority, then—

(a) if all the persons interested in the sum paid agree to leave the application thereof to a judge, or if no question arises as to who is a dependant or as to the amount payable to any dependant, or otherwise as to the application of the sum paid into Court; but any of the persons interested in the said sum are absent or under disability the amount paid to the prescribed authority shall, on application to a judge by or on behalf of the persons interested therein, be allotted, invested, applied, or otherwise dealt with by the prescribed authority as the judge directs, for the benefit of the persons interested therein, in accordance with paragraph (6) of the First Schedule to the Act.

(b) if any question arises as to who is a dependant or as to the amount payable to any dependant, or otherwise as to the application of the sum paid to the prescribed authority, such question may be settled by arbitration in accordance with the Act and these Regulations; and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by the prescribed authority as a judge or arbitrator directs, for the benefit of the person entitled thereto in accordance with paragraph (6) of the First Schedule to the Act.

(7) Where any question is settled by arbitration in accordance with the last preceding sub-regulation, an application for the investment or application of any sum allotted to any person on the arbitration may be made at or immediately after the hearing of the arbitration.

(8) (a) Where application is not so made, or in any other case coming within paragraph (6) of the First Schedule to the Act, an application for the investment or application of any sum paid to the prescribed authority, or the amount allotted to any person, shall be made to a judge or arbitrator on notice in writing, stating on whose behalf the application is made, and the order which the applicant asks, in accordance with Form 43 in the Schedule.

(b) The notice shall be filed with the Registrar, and where the application is made by or on behalf of some only of the persons interested, notice thereof shall be served on all other parties interested, or on their solicitors, five clear days at least before the hearing of the application, unless the judge or arbitrator gives leave for shorter notice.

(c) On the hearing of the application witnesses may be orally examined in the same manner as on the hearing of an action in the County Court.

(d) On the hearing of the application, the judge or arbitrator may, after making or directing such inquiries as to the dependants and on such evidence of title and identity as he thinks necessary, make such order under paragraph (6) of the First Schedule to the Act and this regulation as he thinks fit.

(e) The provisions of the Act and these Regulations as to the costs of an arbitration shall apply to any such application.

(9) An employer paying money to the prescribed authority under this regulation shall not be liable to any costs incurred by any person interested in such money after the receipt of notice of payment to the prescribed authority; but the judge may, in his discretion, order the employer to pay the costs of any such person properly incurred before the receipt of the notice.

(10) Every order for the investment or application of money paid to the prescribed authority shall reserve liberty to the parties interested to apply to the court as they may be advised.

(11) Where any sum allotted to any person under paragraph (6) of the First Schedule to the Act or this regulation is ordered to be paid out to, or applied for the benefit of, the person entitled thereto, by weekly or other periodical payments, the payments may be made to the person entitled to receive the same either at the office of the prescribed authority, or, on the written request, of the person, by crossed cheque or post-office order addressed to the person and forwarded by registered post letter, payment by post being in all cases at the cost and risk of the person requesting the same.

Payment where liability admitted but amount not ascertained. Eng. r. 56b.

57. (1) If there is no dispute as to the liability to pay compensation, but the amount payable has not been ascertained or decided either by arbitration or by agreement, the employer may pay the amount which he admits to be payable as compensation to the prescribed authority.

(2) The employer shall forthwith give notice to the persons interested in the sum paid in of the payment having been made.

(3) On the payment of money under this regulation the prescribed authority shall make such inquiries and obtain such information as he thinks necessary to satisfy himself whether the amount paid in is adequate in the circumstances of the case, and it shall be the duty of the employer, and of the persons interested in the money paid in, to answer such inquiries and give such information accordingly.

(4) Where it appears to the prescribed authority that the amount paid in is adequate, he shall forthwith send by post, to each of the persons appearing to be interested in the money, a notice of the said payment in accordance with Form 42 (ii) in the Schedule:

Provided that in the case of infant dependants residing with their mother or guardian it shall be sufficient to send such notice to the mother or guardian only.

(5) Where it appears to the prescribed authority that the amount paid in is inadequate, he shall transmit all documents in the matter in his possession, together with a report in writing stating the information he has obtained, and the grounds on which it appears to him that the amount paid in is inadequate, to the Registrar of a County Court.

(6) The Registrar of the court shall refer the document and report to a judge.

(7) If on consideration of the report of the prescribed authority, it appears to the judge that the amount paid in is adequate, he may direct the prescribed authority to send to the parties interested notice of payment in accordance with sub-regulation (4) of this regulation.

(8) If on consideration of the report of the prescribed authority, it appears to the judge that further inquiry should be made, the prescribed authority shall send notice to the employer to the parties appearing to be interested in the money paid to him in accordance with Form 41 in the Schedule, informing them that he has referred the matter to the judge, and requiring them to attend on a day to be named in the notice, when the matter will be inquired into by the judge. On the inquiry the judge may make such order as under the circumstances he thinks just, and sub-regulations (5), (6), and (8) of regulation 51 shall apply.

(9) Where notice of payment is sent in accordance with sub-regulation (4) or sub-regulation (6) of this regulation, then—

(a) if any question arises as to the adequacy of the amount paid, the question as to the amount payable as compensation, and all questions as to who are dependants and the amount payable to each dependant, shall be settled by arbitration in accordance with the Act and these regulations, and the amount allotted to each dependant shall be invested, applied, or otherwise dealt with by a judge for the benefit of the persons entitled thereto in accordance with paragraph (6) of the First Schedule to the Act, and sub-regulations (7), (8), (10), and (11) of the last preceding regulation.

(b) if no question arises as to the adequacy of the amount paid into court, the amount paid into court shall be allotted, invested, applied, or otherwise dealt with by a judge in accordance with sub-regulations (6) to (8), (10) and (11) of the last preceding regulation.

Payment into court where liability denied. Eng. r. 56c.

58. (1) Where a claim for compensation has been made by or on behalf of dependants, and the employer denies liability, but is willing to pay an amount in settlement of the claim, and such of the dependants as are not under disability are willing to accept the amount in settlement, the employer may pay the amount to the prescribed authority.

(2) The employer shall forthwith give notice to the persons interested in the sum paid in of the payment having been made.

(3) On the payment of money to the prescribed authority under this regulation, the prescribed authority shall proceed according to sub-regulation (3) of the last preceding regulation, and the provisions of that regulation shall apply to proceedings subsequent to the payment.

Application for payment of weekly payment to person under legal disability, paragraph (7), First Schedule, Act. Eng. r. 57.

59. Where, under paragraph (7) of the First Schedule to the Act, any weekly payment is to be paid to the prescribed authority, the sums paid shall be paid out by the prescribed authority to or otherwise applied for the benefit of the person entitled thereto in such manner as the Comptroller-General directs.

Application for variation of order, paragraph (10) First Schedule, Act. Eng. r. 58.

60. (1) An application for the variation of an order of the court under paragraph (10) of the First Schedule to the Act shall be made on notice in writing, stating the circumstances under which the application is made, and the relief or order which the applicant desires.

(2) The notice shall be filed with the Registrar, and notice thereof shall be served on all persons interested in accordance with regulation 51; and the provisions of that regulation and of Regulation 56 shall apply to the proceedings on the application.

Investment and application of sums paid in redemption of weekly payments, paragraph (18), First Schedule, Act. Eng. r. 59.

61. Where pursuant to paragraph (18) of the First Schedule to the Act a lump sum payable for the redemption of any weekly payment is ordered by a committee or an arbitrator or by the judge to be invested or applied for the benefit of the person entitled thereto, the sum shall be paid to the prescribed authority, and the provisions of paragraph (8) of the First Schedule to the Act and of Regulation 56 shall apply to the investment and application of the sum.

When seaman receiving weekly payment intends to cease to reside in Australia. Eng. r. 60.

62. (1) Where a seaman receiving a weekly payment intends to cease to reside in Australia the provisions of this regulation shall have effect under paragraph (19) of the First Schedule to the Act.

(2) The seaman may apply to the prescribed authority to refer to a medical referee the question whether the incapacity of the seaman resulting from the injury is likely to be of a permanent nature.

(3) The application shall be made on notice in writing, in accordance with Form 46 in the Schedule, which shall be filed with the prescribed authority, and shall be accompanied by a report of a medical practitioner selected by the seaman, setting out the nature of the incapacity alleged to be the result of the injury, and a copy of the application and of the report shall be served on the employer or his solicitor in accordance with regulation 51, and the applicant shall file a copy of the application and of the report for the use of the medical referee.

(4) The employer may, on being served with notice of the application, require the seaman to submit himself for examination by a medical practitioner provided and paid by the employer, in accordance with paragraph (11) of the First Schedule to the Act; and if the employer requires the seaman to submit himself for such examination he shall before or at the hearing of the application furnish the worker with a copy of the report of that practitioner as to the seaman's condition, and file a copy of the report for the use of the medical referee.

(5) The seaman and the employer respectively may before or at the hearing of the application submit to the prescribed authority such statements in writing as they think fit, with copies of such statements for the use of the medical referee.

(6) On the hearing of the application the prescribed authority on being satisfied that the applicant has a bonâ fide intention of ceasing to reside in the Commonwealth shall make an order referring the question to a medical referee; and if he is not so satisfied, he may refuse to make an order, but in that case he shall, if so requested by the applicant, refer the matter to a judge, who may make such order or give such directions as he think fit.

(7) If the prescribed authority makes an order referring the question to a medical referee, he shall also make an order directing the seaman to submit himself for examination by the medical referee, subject to and in accordance with these Regulations, and the provisions of sub-regulations (3) to (6) of regulation 90 shall with the necessary modifications apply.

(8) The prescribed authority shall with the order of reference forward to the medical referee copies of any statements submitted to him by either party.

(9) The medical referee shall forward his certificate in the matter to the prescribed authority by registered post, specifying therein the nature of the incapacity of the seaman resulting from the injury, and whether such incapacity is likely to be of a permanent nature; and the prescribed authority shall thereupon proceed in accordance with sub-regulation (8) of Regulation 90.

(10) Where the medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature, the prescribed authority shall on application furnish the seaman—

(a) with a copy of the certificate of the medical referee, certified by the prescribed authority in his own handwriting to be a true copy; and

(b) with a copy of the award, memorandum, or certificate under which the weekly payment is payable, and certified by the prescribed authority in his own handwriting to be a true copy; and

(c) with a certificate of identity in accordance with Form 48 in the Schedule; and

(d) with a notice in accordance with Form 49 in the Schedule annexing thereto forms of certificate and declaration in accordance with Forms 50 and 51 in the Schedule;

and shall procure from the seaman a specimen of his signature and file the same for reference (except in cases where the worker is illiterate and unable to sign his name).

(11) A seaman who desires to have the weekly payments payable to him remitted to him while residing out of Australia shall at intervals of three months from the date to which such payments were last made submit himself to examination by a medical practitioner in the place where he is residing, and shall produce to him the copy of the certificate of the medical referee and the certificate of identity furnished under the last preceding sub-regulation, and shall obtain from him a certificate in accordance with the form in the Schedule that the incapacity of the seaman resulting from the injury continues, and the certificate shall be verified by declaration by the medical practitioner, in the presence of the seaman, before a person having authority to administer an oath.

(12) The seaman shall also make a declaration of identity in accordance with Form 51 in the Schedule before a person having authority to administer an oath, producing to such person the copy and certificate above mentioned, and the certificate of the medical practitioner by whom he has been examined.

(13) The seaman shall forward the certificate and declaration to the prescribed authority, with a request, in accordance with Form 52 in the Schedule for the transmission to him of the amount of the weekly payments due to him, specifying the place where and the manner in which the amount is to be remitted, which request shall be signed by the seaman in his own handwriting (except in cases where the seaman is illiterate and unable to sign his name).

(14) On receipt of the certificate, declaration, and request (if any), the prescribed authority shall examine the same, and may, if not satisfied that they are in order, return them for correction.

(15) If the prescribed authority is satisfied that the certificate, declaration, and request (if any) are in order, he shall send to the employer a notice in accordance with Form 53 in the Schedule, requesting him to forward the amount due, and the employer shall thereupon forward the amount to the prescribed authority who shall remit the same, less any fees payable to the prescribed authority and the costs of transmission, to the seaman at the address and in the manner requested by him, the remittance being in all cases at the cost and risk of the seaman.

Payment of arrears of weekly payments on death of seaman residing out of Australia. Eng. r. 60a.

63. (1) In the event of the death of a seaman in receipt of weekly payments while residing out of Australia, his representative shall, for the purpose of obtaining payment of the arrears due to the seaman, forward to the prescribed authority a certificate of the death of the seaman and documents showing that they are entitled to such arrears, verified by declaration before a person having authority to administer an oath, with a request for payment of such arrears, specifying the place where and the manner in which the amount is to be remitted to them.

(2) For the purpose of this Regulation the expression “representatives” shall mean—

(a) if the seaman leaves a will, the executors of such will; or

(b) if the seaman dies intestate, the persons who are according to law entitled to his personal estate, and payment of the arrears may be made to such persons without the production of letters of administration.

(3) On the receipt of the certificates and documents mentioned in this regulation the prescribed authority shall examine the same, and may, if not satisfied that the same are in order, return the same fox correction.

(4) If the prescribed authority is satisfied that the certificate and documents are in order, or when they are returned to him in order, he shall send to the employer a notice requesting him to forward the amount due, and the employer shall remit the same less any fees payable to the prescribed authority and the costs of transmission, to the representatives of the seaman at the address and in the manner requested by them, such remittance being in all cases at the cost and risk of such representatives.

(5) Upon the employer remitting the amount in accordance with the notice he shall be discharged from any further liability in respect of any arrears.