Mesothelioma Act 2014
2014 c. 1An Act to establish a Diffuse Mesothelioma Payment Scheme and make related provision; and to make provision about the resolution of certain insurance disputes.
Enacted[30th January 2014]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Diffuse Mesothelioma Payment Scheme¶
I31 Power to establish the scheme¶
Eligibility¶
I42 Eligible people with diffuse mesothelioma¶
- “first diagnosed” has the meaning to be given to it by the scheme;
- “relevant employer” means an employer who, at the time of the person's exposure to asbestos—
- was required by the compulsory insurance legislation to maintain insurance covering any liability arising because of the exposure to asbestos, or
- would have been required by the compulsory insurance legislation to maintain insurance covering any liability arising because of the exposure to asbestos if the legislation had been in force at that time;
- “specified payment” has the meaning to be given to it by the scheme.
I53 Eligible dependants¶
- “first diagnosed” has the meaning to be given to it by the scheme;
- “specified payment” has the meaning to be given to it by the scheme.
Payments and procedure¶
I64 Payments¶
I75 Applications and procedure¶
I86 Reviews and appeals¶
Scheme administration¶
I17 Scheme administration¶
I98 Unauthorised disclosure of information: offence¶
I109 Unauthorised disclosure of information: penalties etc¶
- “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;
- “officer”, in relation to a body corporate, means—
- a director, manager, secretary or other similar officer of the body corporate, or
- a person purporting to act in any such a capacity;
- “partner”, in relation to a Scottish partnership, includes any person who was purporting to act as a partner in the partnership.
Recovery of payments etc¶
I1110 Power of scheme administrator to help people bring proceedings¶
I1211 Recovery of benefits etc from payments and recovery of payments¶
Schedule 1 contains amendments to other legislation. Broadly—- Part 1 allows benefits and other sums to be recovered from scheme payments,
- Part 2 allows scheme payments to be recovered from compensation, and
- Part 3 contains related amendments to do with information sharing.
Relationship with other legislation¶
I1312 Exclusion of payments under other legislation¶
Schedule 2 contains amendments to other legislation to ensure that where an application is made under the scheme a person does not receive certain other payments.Levy on insurers¶
I4313 The levy¶
- “active insurer” means a person who, at any time during the reference period, was an authorised insurer within the meaning of the compulsory insurance legislation;
- “the costs of the Diffuse Mesothelioma Payment Scheme” means—
- the cost of payments under the scheme,
- the costs of administering the scheme, and
- any costs incurred by the Secretary of State to establish a body with whom to make arrangements under section 7(1)(b);
- “the recovery of benefits legislation” means—
- the Social Security (Recovery of Benefits) Act 1997, or
- the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12));
- “reference period” means a 12-month period determined in accordance with the regulations, and a reference period may be a period before this Act was passed.
I1414 Collecting information for purposes of levy¶
Insurance disputes¶
15 Technical Committee to decide certain insurance disputes¶
16 Challenging decisions of the Technical Committee¶
General¶
I1517 Regulations under this Act¶
I218 Defined terms used in more than one section of this Act¶
- “application” means an application for a payment under the scheme;
- “active insurer” has the meaning given by section 13;
- “the compulsory insurance legislation” means—
- the Employers' Liability (Compulsory Insurance) Act 1969, or
- the Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6));
- “damages” includes a payment in settlement of a claim for damages;
- “dependant”, in relation to a person who has died with diffuse mesothelioma, has the meaning given by section 3(1) of the Pneumoconiosis etc (Workers' Compensation) Act 1979 (reading the reference to the Secretary of State as a reference to the scheme administrator);
- “employers' liability insurance”, in relation to an employer and a particular time, means insurance that the employer—
- was required by the compulsory insurance legislation to maintain at that time, or
- would have been required by the compulsory insurance legislation to maintain if that legislation had been in force at that time;
- “the fatal accidents legislation” means—
- the Fatal Accidents Act 1976,
- the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or
- section 4 of the Damages (Scotland) Act 2011;
- “levy” means a levy under section 13;
- “relevant employer” has the meaning given by section 2;
- “the scheme” means the Diffuse Mesothelioma Payment Scheme;
- “scheme administrator” means the person for the time being administering the scheme (see section 7);
- “the Technical Committee” means a committee established in accordance with arrangements under section 15.
19 Commencement¶
20 Extent¶
21 Short title¶
This Act may be cited as the Mesothelioma Act 2014.SCHEDULES
SCHEDULE 1 ¶
Recovery of benefits etc from payments and recovery of payments
Section 11
Part 1 Recovery of benefits etc from scheme payments¶
Recovery of benefits etc from scheme payments: England and Wales and Scotland¶
.
- section 9(1), (2), (3)(a) and (4)(a);
- section 11(2)(b);
- section 13(2)(c);
- section 14(4)(a);
- section 19(3)(b);
- section 20(4)(a);
- section 21(1) and (5)(a).
Recovery of benefits etc from scheme payments: Northern Ireland¶
.
- Article 11(1), (2), (3)(a) and (4)(a);
- Article 13(2)(b);
- Article 15(2)(c);
- Article 16(4)(a);
- Article 21(3)(b);
- Article 22(4)(a);
- Article 23(1) and (5)(a).
Part 2 Recovery of scheme payments from compensation¶
Recovery of scheme payments from compensation: England and Wales and Scotland¶
Recovery of scheme payments from compensation: Northern Ireland¶
Part 3 Information sharing¶
SCHEDULE 2 ¶
Exclusion of payments under other legislation
Section 12
Exclusion of payments under other legislation: England and Wales and Scotland¶
;
.
.
Exclusion of payments under other legislation: Northern Ireland¶
.
.
.
Footnotes
- I1S. 7 in force at 4.3.2014 by S.I. 2014/459, art. 2
- I2S. 18 in force at 31.3.2014 by S.I. 2014/459, art. 3(f)
- I3S. 1 in force at 31.3.2014 by S.I. 2014/459, art. 3(a)
- I4S. 2 in force at 31.3.2014 by S.I. 2014/459, art. 3(a)
- I5S. 3 in force at 31.3.2014 by S.I. 2014/459, art. 3(a)
- I6S. 4 in force at 31.3.2014 by S.I. 2014/459, art. 3(a)
- I7S. 5 in force at 31.3.2014 by S.I. 2014/459, art. 3(a)
- I8S. 6 in force at 31.3.2014 by S.I. 2014/459, art. 3(a)
- I9S. 8 in force at 31.3.2014 by S.I. 2014/459, art. 3(b)
- I10S. 9 in force at 31.3.2014 by S.I. 2014/459, art. 3(b)
- I11S. 10 in force at 31.3.2014 by S.I. 2014/459, art. 3(b)
- I12S. 11 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I13S. 12 in force at 31.3.2014 by S.I. 2014/459, art. 3(d)
- I14S. 14 in force at 31.3.2014 by S.I. 2014/459, art. 3(e)
- I15S. 17 in force at 31.3.2014 by S.I. 2014/459, art. 3(f)
- I16Sch. 1 para. 2 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I17Sch. 1 para. 3 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I18Sch. 1 para. 4 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I19Sch. 1 para. 5 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I20Sch. 1 para. 6 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I21Sch. 1 para. 7 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I22Sch. 1 para. 8 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I23Sch. 1 para. 17 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I24Sch. 1 para. 19 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I25Sch. 1 para. 10 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I26Sch. 1 para. 11 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I27Sch. 1 para. 12 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I28Sch. 1 para. 13 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I29Sch. 1 para. 14 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I30Sch. 1 para. 15 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I31Sch. 1 para. 16 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I32Sch. 1 para. 18 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I33Sch. 1 para. 20 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I34Sch. 1 para. 21 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I35Sch. 2 para. 1 in force at 31.3.2014 by S.I. 2014/459, art. 3(d)
- I36Sch. 2 para. 2 in force at 31.3.2014 by S.I. 2014/459, art. 3(d)
- I37Sch. 2 para. 4 in force at 31.3.2014 by S.I. 2014/459, art. 3(d)
- I38Sch. 2 para. 5 in force at 31.3.2014 by S.I. 2014/459, art. 3(d)
- I39Sch. 2 para. 6 in force at 31.3.2014 by S.I. 2014/459, art. 3(d)
- I40Sch. 1 para. 1 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I41Sch. 1 para. 9 in force at 31.3.2014 by S.I. 2014/459, art. 3(c)
- I42Sch. 2 para. 3 in force at 31.3.2014 by S.I. 2014/459, art. 3(d)
- I43S. 13 in force at 1.9.2014 by S.I. 2014/459, art. 4
- F1Words in s. 9(7) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
- F2Words in s. 9(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
- F3Words in s. 9(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1