S.L. 171.2 Art. 46Recovery of gratuity in respect of injury caused by wilful act or negligence.

(1) The Committee shall have the right to claim by civil action the amount of any gratuity paid or payable under these regulations -

(a) from any person, other than the port worker entitled to such gratuity, where an injury in respect of which the gratuity is paid or payable was caused by the wilful act or the negligence of such person or of any other person for whom, under the provisions of the Civil Code, the first mentioned person is responsible;

(b) without prejudice to the generality of paragraph (a), where the injury was caused on account of or through the non-compliance by himself or herself, or by any other person for whom such employer is responsible under the Civil Code, with with any obligation imposed by the Health and Safety at Work Act or by any regulations made thereunder.

(2) Nothing in this regulation shall prejudicially affect any right to claim and obtain compensation or damages which the injured person, or those claiming under him or her, may have under the provisions of the Civil Code against the person through whose wilful act or negligence the injury was caused; but in assessing the amount of such compensation or damages, the Court shall take into account the gratuity recovered or recoverable by the Committee as provided in subregulation (1).

(3) Any amount recovered by the Committee under this regulation shall be carried to the credit of the Fund.