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| Payment of compensation where the vehicle is uninsured. |
5. - (1) The Secretary of State shall within twelve months of the passing of this Act make a scheme providing for the payment of full compensation in respect of personal injury or death suffered as a result of the use of a vehicle which is not insured under this Act.
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(2) Without prejudice to the generality of subsection (1) above, a scheme under this section may include provision-
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(a) establishing a compensation fund and arrangements for the administration of the fund; |
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(b) defining those who shall be required to make payments into the fund, the circumstances in which such payments shall be made and the amounts of such payments; and |
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(c) setting out the circumstances in which payments shall or shall not be made out of the fund. |
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(3) The power to make a scheme under this section includes the power to amend a scheme so made and shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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| Insurance claims in relation to other financial awards. |
6. A person who has received compensation in accordance with the provisions of this Act and who then receives a financial reward in respect of the same accident-
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(a) from employers' liability insurance, where the injury was sustained at work, |
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(b) from social security payments, or |
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(c) as a result of a successful claim for damages |
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shall pay to the compensation fund a sum equivalent to the original sum or to the later financial reward, whichever is the less.
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| Interpretation. |
7. In this Act-
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"full compensation" means a sum equivalent to the full monetary and non-monetary losses sustained; |
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the terms "authorised insurer", "driver", "motor vehicle" and "road" have the meanings given in the Road Traffic Act 1988. |
| Short title and commencement. |
8. - (1) This Act may be cited as the Motor Accident Injury Compensation Act 1998.
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(2) This Act shall come into force on a date to be appointed by the Secretary of State and different dates may be appointed for different purposes.
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