Recovery of payments etc

I110Power of scheme administrator to help people bring proceedings

1

Where a payment is made under the scheme, the scheme administrator may help a person to bring relevant proceedings (for example by conducting proceedings or by giving advice or financial help).

2

“Relevant proceedings” means—

a

proceedings by the person with diffuse mesothelioma against—

i

an employer for the negligence or breach of statutory duty mentioned in section 2(1)(a), or

ii

an insurer with whom the employer maintained insurance covering that liability,

b

proceedings by any other person against the employer or insurer for damages under the fatal accidents legislation in respect of the death of the person with diffuse mesothelioma, or

c

any appeal arising out of proceedings within paragraph (a) or (b).

3

In subsection (2) a reference to a person includes a reference to his or her personal representatives.

4

The scheme may include provision about the scheme administrator's functions under this section, including provision as to the circumstances in which the scheme administrator may help a person to bring proceedings.

5

The Secretary of State may by regulations amend subsection (2) to include other proceedings (which may be proceedings against someone other than an employer or insurer).