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 (1) 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) , 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 , 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.