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.
(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.
(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.
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.
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.
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.
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.
(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.
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.
(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.
(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).
(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.