Abandonment of appeal or withdrawal of Answers. Time limit for Appeals and Answers. After time limit Com missioners to proceed. Parties limited to grounds stated in Appeal and Answers. Appearance of third party in appeal or dispute. Commis sioners may dispense with hearing Provisions as to evidence. in support thereof and the Answers shall contain a list of any such documents. (4) The Commissioners shall as soon as may be after the receipt of the respondent's Answers send a copy of the same to the appellant or petitioner. 198. (1) The appellant or petitioner in any appeal or dispute may at any time abandon his appeal or petition by sending written and signed notice of his abandonment of the same to the Commissioners, and upon his so doing the Commissioners may dismiss the appeal or petition or do otherwise as to them shall seem just and shall intimate the said abandonment and dismissal or other determination to the respondent. (2) The respondent in any appeal or dispute may at any time withdraw his Answers by sending written and signed notice of withdrawal of the same to the Commissioners, and upon his so doing the Commissioners may allow the appeal or grant the petition or do otherwise as to them shall seem just and shall intimate the said withdrawal and their said decision to the appellant or petitioner. 199. No Note of Appeal and no Answers to any Note of Appeal or Petition shall be entertained by the Commissioners unless the Note of Appeal or Answers have been sent to the Commissioners within the required period: Provided nevertheless that the Commissioners may, in their discretion and on special cause shown and on such conditions as they may determine, entertain any Note of Appeal or Answers. 200. On the expiry of fourteen days after the Commissioners have sent a copy of the Note of Appeal or Petition to the respondent they shall proceed, with or without Answers, to the consideration and determination of the appeal or dispute. 201. No party to an appeal or dispute shall without the consent of the Commissioners be entitled to rely upon any facts or contentions other than those set forth in his Note of Appeal, Petition or Answers as the case may be, or upon any facts or contentions which do not appear to the Commissioners to have been already raised in the course of the proceedings in respect of which the appeal is brought. 202. The Commissioners may, on the application of any person who appears to them to be interested in any appeal or dispute other than any of the parties thereto, allow such person to appear and take part in the same on such conditions as the Commissioners may determine in each case. 203. The Commissioners may, in their discretion, determine upon any appeal or dispute without a hearing. 204. (1) In any appeal or dispute the Commissioners may require such further particulars or evidence as they may from time to time think fit. (2) The Commissioners may admit any duly authenticated written statement or other material as prima facie evidence of any fact or facts in any case in which having regard to the question of expenses or otherwise they think it just and proper to do so. Provisions as 205.-(1) Where the Commissioners in their discretion con sider that a hearing should be taken upon any appeal or dispute to hearing. the hearing shall take place at such time and place as the Commissioners shall fix and the Commissioners shall give not less than seven days' notice thereof to the parties in the appeal or dispute. (2) Any party to the appeal or dispute may appear at the hearing personally or in the case of a Society or branch of a Society or an Insurance Committee by any duly authorised officer or in any case with leave of the Commissioners by any other representative. (3) If any party to an appeal or dispute or any third party allowed to appear therein fails to appear at the hearing after notice of the time and place of hearing has been duly sent to him or fails in any other respect to comply with this Part of these Regulations, the Commissioners may make such order or award in the appeal or dispute and take such proceedings with a view to the determination thereof as to them may appear just. (4) The Commissioners may, if they think fit, administer oaths to the witnesses at the hearing. (5) Subject to the provisions of this Part of these Regulations, the procedure at the hearing shall be as directed by the Commissioners who may postpone or adjourn the hearing from time to time as they think fit. 206.—(1) Any decision or order made under this Part of these Decision. Regulations may be made on such terms as to expenses or otherwise as the Commissioners think just. (2) The decision or order of the Commissioners in any appeal or dispute under this Part of these Regulations shall be in writing signed by the Secretary to the Commissioners or other person duly authorised in that behalf, and as soon as may be after the determination of the appeal or dispute a copy of the decision or order certified under the seal of the Commissioners shall be sent to the parties in the appeal or dispute. (3) The Commissioners shall not be obliged to give any reasons. for their decision or order in any appeal or dispute. to decide 207. In any case in which the Commissioners have authorised Provision a Referee or Řeferees appointed by them to decide an appeal or where referee dispute under this Part of these Regulations the provisions of appointed Articles 198 to 206 inclusive, shall have effect as if a reference to appeal or the Referee or Referees so appointed was substituted for a dispute. reference to the Commissioners or to the Secretary to the Commissioners as the case may require : Provided that the copy of any decision or order made by such Referee or Referees which is required under Article 206 to be sent to the parties in the appeal or dispute shall be certified under the hand of the Referee or Referees. documents &c. 208.-(1) Any document required or authorised under this Service of Part of these Regulations to be sent to the Commissioners or to a Referee or Referees shall be sufficiently sent if sent by post in a pre-paid letter addressed to the Commissioners or to such person (if any) as the Commissioners may from time to time appoint for the purpose of receiving the document. Enforcement of decision. Interpreta- Forms of Settlement. (2) Any document required or authorised to be sent to any person under this Part of these Regulations by the Commissioners or a Referee or Referees shall be sufficiently sent if sent by post in a letter addressed to him at his ordinary address. (3) Unless the contrary is proved, any document sent as aforesaid shall be deemed to be sent at the time at which a letter would be delivered in the ordinary course of post. (4) In the case of a notice or other document required or authorised by this Part of these Regulations to be sent to a Society or branch of a Society or to an Insurance Committee, the notice shall be sufficiently sent if sent to the Secretary of the Society or branch or to the Clerk to the Committee as the case may be. 209.-(1) Any decision or order made in an appeal or dispute under or in accordance with Section 67 of the principal Act may by leave of the Court of Session or a judge of the Court of Session be enforced in the same manner as a judgment or order of Court to the same effect. (2) Provision may from time to time be made by Act of Sederunt for conferring on any officer of the Court of Session jurisdiction to grant leave to enforce any such decision or order in the same manner as a judgment or order of Court to the same effect. PART XV. NOTIFICATION OF ADVANCES OF BENEFIT. 210. In this Part of these Regulations, unless the context otherwise requires, "Society" includes a branch of a Society. 211.-(1) The notice (hereinafter referred to as the "notice of advance") to be given under sub-section (1) of Section 19 of the Act of 1918 by a Society which, in pursuance of sub-section (3) of Section 11 of the principal Act, has made or intends to make any advances to an insured person, shall be in writing in the form set out in the first part of the Ninth Schedule to these Regulations or in such other form providing for substantially the same particulars as the Commissioners may determine and shall be addressed to the person liable to pay the compensation or damages at his residence or place of business. (2) The notice (hereinafter referred to as the "notice of settlement") to be given under the proviso to sub-section (1) of Section 19 of the Act of 1918 by a person liable to pay compensation or damages that he intends to pay or that he has paid compensation or damages to an insured person shall be in writing in the form set out in the second part of the Ninth Schedule to these Regulations or in such other form providing for substantially the same particulars as the Commissioners may determine and shall be addressed to the person by whom the notice of advance purports to have been signed on behalf of the Society. (3) A notice of advance or of settlement may be given by post or otherwise. 212. The proof of the amount of the advances made by a Proof of Society to an insured person to be furnished under sub-section (1) advances. of Section 19 of the Act of 1918 to the person liable to pay the compensation or damages shall be in writing in the form of the statement set out in the third part of the Ninth Schedule to these Regulations or in such other form providing for substantially the same particulars as the Commissioners may determine and shall be signed by the Secretary or Treasurer or other principal officer of the Society, and the Society shall, if required by the person liable to pay the compensation or damages, exhibit to him or to his duly authorised agent at such place as the Society may determine, all receipts given for advances made as aforesaid. PART XVI. SUMS PAYABLE ON DEATH. 213. In this Part of these Regulations unless the context Interpreta otherwise requires: Society" includes a branch of a Society; "Office" in relation to a Society means the principal office of the Society; "Sum payable on death" in relation to an insured person means any sum payable to him by way of benefit under the principal Act and unpaid at the date of his death or any other sum payable under the principal Act and forming part of his estate. 214.—(1) An insured person, being a member of a Society, may by writing under his hand delivered at or sent to the office of the Society nominate a person or persons to whom any sum payable on death shall be paid at his death. (2) Any person so nominated must not be an officer, servant or agent of the Society of which the nominator is a member unless that officer, servant or agent is the husband, wife, parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of the nominator. (3) Any such nomination may be revoked or varied by any similar document under the hand of the nominator delivered or sent as aforesaid but not otherwise. (4) A nomination or a variation or revocation of a nomination. shall, if made by a person who is from any cause unable to write, be deemed to be under the hand of such person provided that it is authenticated by the mark of such person and the signatures of two witnesses. (5) Every nomination and every variation or revocation of a nomination shall be recorded by the Society, and for the recording of every nomination, variation and revocation the Society may, if its rules so provide, require the member to pay a sum not exceeding three pence and shall issue to the person making such nomination or variation or revocation a statement in writing acknowledging receipt thereof and that the document has been recorded. tion. Power to insured make nomination. Proceedings on death of insured person. (6) A nomination or a variation or revocation of a nomination requiring to be delivered or sent as aforesaid shall not be effectual unless so delivered or sent during the lifetime of the nominator and unless it relates solely to a sum payable under the principal Act. (7) A nomination or variation of a nomination shall have effect only in relation to a sum payable on death by the Society to which it is delivered or sent: Provided that where the Society transfers its engagements under the principal Act to another Society (which Society is hereinafter referred to as the "transferee Society ") or amalgamates with another Society (the Society formed on amalgamation being hereinafter referred to as the "amalgamated Society ") or the members thereof become entitled to benefits out of the Fund established by any Regulations made under paragraph (B) of the First Schedule to the Act of 1913, such nomination or variation shall have effect on the death of the insured person if then a member of the transferee Society or amalgamated Society or entitled to benefits out of the said Fund, as if it had been sent immediately prior to his death to the transferee Society or amalgamated Society or to that Fund. (8) Any such nomination as aforesaid shall take effect on the death of the nominator as if it were a will of the deceased duly executed, and that notwithstanding the want of due execution, minority, marriage, or in Scotland the birth of a child. 215.-(1) On receiving satisfactory proof of the death of a nominator, a Society shall, subject to the provisions of paragraph (4) of this Article, pay to the nominee or nominees the sum payable to him or them under the nomination. (2) Where any person nominated to receive any sum payable on death is the child or other issue of the insured person and dies in the lifetime of the insured person leaving issue and any such issue is living at the time of the death of the insured person, the nomination shall take effect as if the death of the person nominated had happened immediately after the death of the insured person unless a contrary intention appears in the nomination, but in every other case the death of the person nominated in the lifetime of the insured person making the nomination shall operate as a revocation of the nomination in favour of such person. (3) On the death of an insured person any sum payable on death may be paid or distributed by the Society without probate, confirmation, or other proof of title of the personal representatives of the deceased, but nothing herein contained shall authorise a Society which has not already made payment of the sum payable on the death of an insured person to refuse payment of such sum to any person entitled thereto producing probate, confirmation, or other proof of title. (4) Where the sum payable on death is payable to nominees under any nomination or to persons appearing to the Society to be beneficially entitled thereto under any will or other testamentary writing, the sum payable on death may be paid or |