Regulation 7 Circumstances in which a person is to be treated as unable to bring an action

(1)

For the purposes of section 18(3) of the Act, the circumstances in which a person is not to be treated as able to bring an action are that an employer against whom the person is able to bring an action in respect of diffuse mesothelioma can be found or does exist, but—

(a)

that employer is a person whose circumstances are such that they fall within any of the relevant provisions; and

(b)

no other employer or insurer can be found or exists against whom the person can maintain an action for damages.

(2)

In this regulation “relevant provisions” means—

(a)

section 1 of the Third Parties (Rights against Insurers) Act 1930^f1;

(b)

section 1 of the Third Parties (Rights Against Insurers) Act (Northern Ireland) 1930^f2;

(c)

sections 4-7 of the Third Parties (Rights against Insurers) Act 2010;

(d)

section 130 of the Health and Social Care Act 2012^f3 and any regulations made under that section;

(e)

articles 41 to 43 of the Water and Sewerage Services (Northern Ireland) Order 2006^f4; or

(f)

section 17 of the Energy Act (Northern Ireland) 2011^f5.

Annotations

Footnotes

f1: 1930 c. 25.
f2: 1930 c.19.
f3: 2012 c.7.
f4: S.I. 2006/3336 (N.I. 21).
f5: 2011 c. 6.