127Order or judgment against Nominal Insurer

### 127 Order or judgment against Nominal Insurer > > (1)  *\[Section 127 Subsection (1) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*Where, in respect of a liability in respect of which an employer is required under [section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) to maintain a policy of insurance – > > > > > > (a) an order has been made by the Tribunal in respect of that liability; or > > > > > > > (b) judgment is obtained in any court in respect of that liability – > > > > > > and the order is not complied with or the judgment has not been satisfied within the period of 28 days after the making of the order or after the judgment is obtained – > > > > > > > (c) the Tribunal may, on the application of the person in whose favour the order was made, order that the order be complied with by the Nominal Insurer; or > > > > > > > (d) the court in which the judgment was obtained may direct that that judgment be entered against the Nominal Insurer. > > > (2)  For the purposes of [subsection (1)](#GS127@Gs1@EN) , where an order is not enforced, or execution of a judgment is stayed, pending appeal, the time during which it is not so enforced or stayed shall be excluded in calculating the period referred to in that subsection. > > > (3)  *\[Section 127 Subsection (3) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*Where a claim is made for the recovery of compensation or damages and the person against whom the claim is made knows or has reason to believe that such circumstances exist as would, under [section 126](#GS126@EN) , entitle a claim for that compensation or those damages to be made against the Nominal Insurer, that person – > > > > > > (a) shall, if no proceedings have been instituted in respect of the claim, notify the Nominal Insurer in writing within 48 hours after the receipt of the claim by the person and shall allow the Nominal Insurer to take over the conduct of all negotiations in respect of the claim and its defence in any subsequent proceedings; or > > > > > > > (b) shall, if proceedings have been instituted in respect of the claim, within 48 hours after – > > > > > > > > > > (i) notice of the application to the Tribunal has been served on him by the applicant; or > > > > > > > > > > > (ii) filing a notice of defence, in any other case, serve a copy of that notice on the Nominal Insurer. > > > (4)  *\[Section 127 Subsection (4) amended by No. 43 of 1993, s. 22 \]**\[Section 127 Subsection (4) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*Where the Nominal Insurer is served with a copy of a notice pursuant to [subsection (3)](#GS127@Gs3@EN) or has reasonable grounds for believing – > > > > > > (a) that the Tribunal may, in the proceedings to which the notice relates, make an order under [subsection (1)](#GS127@Gs1@EN) [(c)](#GS127@Gs1@Hpc@EN) ; or > > > > > > > (b) that judgment in those proceedings may be entered against it under [subsection (1)](#GS127@Gs1@EN) [(d)](#GS127@Gs1@Hpd@EN) – > > > > the Nominal Insurer may apply to the Tribunal or court to be made a party to the proceedings and to act for the person against whom the claim for compensation has been made or take over the conduct of the defence, as the case may be. > > > (5)  *\[Section 127 Subsection (5) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*On an application under [subsection (4)](#GS127@Gs4@EN) to the Tribunal or a court, the Tribunal or court may order that the Nominal Insurer be made a party to the proceedings and that, to such extent and upon and subject to such conditions as the Tribunal or court may determine, the Nominal Insurer shall act for the person against whom the claim for compensation has been made or the conduct of the defence shall be taken over by the Nominal Insurer. > > > (6)  *\[Section 127 Subsection (6) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*In any proceedings to which this section relates – > > > > > > (a) an order shall not be made by the Tribunal in the absence of the person against whom the claim for compensation has been made; or > > > > > > > (b) judgment by default shall not be entered for the plaintiff – > > > > unless, within the prescribed time, a copy of the application or summons has been served, by or on behalf of the applicant or plaintiff, on the Nominal Insurer. > > > (7)  *\[Section 127 Subsection (7) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*If in any proceedings to which this section relates – > > > > > > (a) the person against whom a claim for compensation has been made has not, in the case of proceedings before the Tribunal, indicated his intention to appear at those proceedings; or > > > > > > > (b) the defendant has not, in any other case, filed a notice of defence to the summons – > > > > the Nominal Insurer may, on receiving a copy of the application or summons, apply to the Tribunal or court to be made a party to the proceedings and to act for the person against whom the claim for compensation has been made or, as the case may be, to take over the conduct of the defence, and the provisions of [subsection (5)](#GS127@Gs5@EN) apply to and in relation to an application under this subsection as if it were an application under [subsection (4)](#GS127@Gs4@EN) . > > > (8)  *\[Section 127 Subsection (8) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*The right conferred by [subsection (1)](#GS127@Gs1@EN) on – > > > > > > (a) a person in whose favour an order is made by the Tribunal pursuant to [subsection (1)](#GS127@Gs1@EN) [(a)](#GS127@Gs1@Hpa@EN) ; or > > > > > > > (b) a judgment creditor to have judgment entered against the Nominal Insurer – > > > > > > is not affected or prejudiced by any non-compliance with any of the provisions of [subsections (3)](#GS127@Gs3@EN) to [(6)](#GS127@Gs6@EN) by – > > > > > > > (c) in the case of proceedings heard by the Tribunal, the person referred to in [paragraph (a)](#GS127@Gs8@Hpa@EN) or the other party to the proceedings; or > > > > > > > (d) [*\[Section 127 Subsection (8) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja110@GC4@EN) in the case of any other proceedings, the judgment creditor or judgment debtor or by the practitioner of either of them.