PARTICULARS BY RESPONDENT IN REPLY. C.D., Respondent. [Here set out a concise statement of the facts and contentions upon which you intend to rely at the hearing. If an extension of time for submitting the above particulars in reply is desired the application should be made to the Solicitor to the Commissioners in writing stating the periol for which and the grounds on which the extension of time is desired.] TAKE NOTICE that the Commissioners [or Mr. of the Referee appointed by the Commissioners] will proceed with the hearing of the above appeal at 19, at the hour of on the day of o'clock in the -noon; and that if you do not attend either in person, or by your counsel, solicitor, or other duly authorised agent at the time and place above mentioned, such order or award will be made and proceedings taken. as the Commissioners [or Referee] may think just and expedient. EIGHTH SCHEDULE. PART I. To the Scottish Insurance Commissioners. Note of Appeal for [Insert full name and address of appellant. Where appellant is an insured person state full name and address of Society or branch of which he is a member. Where appellant is a woman, state whether single, married or widow; and, if married, state full name and address of husband] against Appellant, [Insert full name and address of respondent, giving particulars as in the case of an appellant] Respondent. I [or We] hereby appeal to the Scottish Insurance Commissioners, in terms of Section 67 of the National Insurance Act, 1911, as extended by Section 27 of the National Insurance Act, 1913, from a final decision given in accordance with the rules of [Insert full name and address of Society or branch in accordance with the rules of which the decision has been given] on [Insert date of decision] and intimated to me [or us] on [Insert date of intimation to appellant] in a dispute between me [or us] and the respondent. The said decision was given by [Insert full names and addresses of persons by whom the decision was given] who acted or purported to act in the matter in accordance with the said rules in respect [State whether persons giving the decision were appointed by the Society or branch to determine the dispute, or entertained the dispute as members of committee or as an arbiter or otherwise as the case may be] The facts upon which the dispute arose are as follows: [State all the facts relied upon concisely and without argument.] Upon these facts I [or we] contended [State concisely the contentions which were advanced for the appellant.] The dispute formerly came before [If any decision has been given prior to that from which appeal is now taken, state concisely its terms, and state by whom it was given.] The final decision in the dispute, from which appeal is now taken, is as follows: [State concisely the terms of the decision from which appeal is now taken.] The grounds of this appeal are— [State concisely the grounds of appeal setting forth all the contentions upon which reliance is placed.] In support of this appeal the following documents are sent herewith: [Insert list of all documents sent with Note of Appeal.] (Signed)(Dated) (Witnessed, where signature is by mark.) PART II. To the Scottish Insurance Commissioners. Petition [Insert full name and address of petitioner. Where petitioner is a deposit contributor this must be stated. Where petitioner is a member of an Approved Society state full name and address of Society or branch of which he is a member. Where petitioner is a woman, state whether single, married or widow; and, if married, state full name and address of husband] against Petitioner, [Insert full name and address of respondent, giving particulars as in the case of a petitioner] Sheweth Respondent. That a dispute has arisen between the petitioner and the respondent upon which the petitioner craves the determination of the Scottish Insurance Commissioners in terms of Section 67 of the National Insurance Act, 1911, as extended by Section 27 of the National Insurance Act, 1913. That the facts upon which the dispute has arisen are as follows: [State concisely all the contentions upon which reliance is placed.] In support of this Petition the following documents are sent herewith: [Insert list of all documents sent with Petition.] The petitioner craves a determination of the Scottish Insurance Commissioners on the foregoing matters in dispute. (Signed)(Dated) (Witnessed, where signature is by mark.) PART III. To the Scottish Insurance Commissioners. Answers [Insert full name and address of respondent. Where respondent is a deposit contributor this must be stated. Where respondent is a member of an Approved Society state full name and address of Society or branch of which he is a member. Where respondent is a woman, state whether single, married or widow; and, if married, state full name and address of husband] to Note of Appeal [or Petition] for Respondent, [Insert full name and address of appellant [or petitioner], giving full particulars as in the case of a respondent] against [Insert full name of respondent] Appellant [or Petitioner], Respondent. Reference is made to Note of Appeal [or Petition] for the appellant [or petitioner] against the respondent dated [Insert date of Note of Appeal or Petition.] It is admitted that [State concisely all facts set forth in Note of Appeal or Petition and admitted by respondent.] It is denied that [State concisely all alleged facts set forth in Note of Appeal or Petition and denied by respondent.] It is explained that [State concisely and without argument all material facts or explanations relied on by respondent and not contained in the Note of Appeal or Petition.] In support of these Answers the following documents are sent herewith: [Insert list of all documents sent with Answers.] The respondent contends that the Appeal [or Petition] should be refused on the following grounds: [State concisely all the contentions on which reliance is placed.] (Signed)- (Witnessed, where signature is by mark.) NINTH SCHEDULE. PART I. Notice by an Approved Society of Advances made or intended to be made to an Insured Person pending settlement of his Claim for Compensation or Damages. To (insert name and address of person liable to pay compensation or damages). I hereby give you notice that the Approved Society named below, in pursuance of sub-section (3) of Section 11 of the National Insurance Act, *has made *an advance advances 1911, has made and intends to make to (insert full name and address of insured person), an insured person, pending the settlement of his claim against you for compensation or damages. In terms of sub-section (1) of Section 19 of the National Health Insurance Act, 1918, you are liable, on demand and on being furnished with proof in the prescribed form of the amount of the advances, to repay to the Society the amount advanced. Where, however, that amount exceeds the amount which you are liable to pay as compensation or damages (less such part, if any, as you have already duly paid at the time of receiving this notice), the amount payable to the Society will be the amount which you are liable to pay as compensation or damages as aforesaid. The receipt of the Society shall, up to the amount of the repayment, be a full and valid discharge to you in respect of the compensation or damages payable by you to the said insured person. * Delete the words which are inapplicable. Section 19 (1) also provides that if you give to the Society notice in the prescribed form that you intend to pay or have paid compensation or damages, you will not be under any obligation to make any repayment to the Society in respect of any advance made after the date of payment of the compensation or damages or where you pay the compensation before the notice is received by the Society after the time at which your notice is received by the Society. A copy of the prescribed form of notice of settlement is attached. Signature Designation Address Name of Approved Society Name of Branch. Address of Society Date PART II. Notice to Approved Society by Person liable to pay Compensation or Damages to an Insured Person of settlement or intention to settle. With reference to your notice dated I hereby give you notice that on (here insert date or proposed date of payment) I paid intend to pay compensation or damages to (insert full name and address of the insured person). Signature Address Date Note. This notice should be addressed to the person signing the Notice on behalf of the Approved Society. |