S.L. 403.25 Art. 29Payment of claims from Fund B or Fund C.  S.L. 403.15.

(1) Where an insurer or a European insurance undertaking, as the case may be, which carries on motor vehicle liability insurance business is subject to or winding up proceedings or any other equivalent proceedings and where:

(a) the accident occurs in Malta and:

(i) the injured party resides in Malta, and the policyholder of the vehicle causing the injuries is insured by a European insurance undertaking, and the injured party is entitled to compensation, the injured party may present a claim for compensation, directly to the Protection and Compensation Fund, and the Management Committee shall pay the claim out of Fund B; or

(ii) the injured party resides in Malta, and the policyholder of the vehicle causing the injuries is insured by an insurer, and the injured party is entitled to compensation, the injured party may present a claim for compensation, directly to the Protection and Compensation Fund, and the Management Committee shall pay the claim out of Fund B; or

(b) the accident occurs in a Member State other than Malta and:

(i) the injured party resides in Malta and the policyholder of the vehicle causing the injuries is insured by the European insurance undertaking authorised in the Member State in which the accident occurred, and the injured party is entitled to compensation, the injured party may present a claim for compensation, directly to the Protection and Compensation Fund, and the Management Committee shall pay the claim out of Fund C; or

(ii) the injured party resides in Malta and the policyholder of the vehicle causing the injuries is insured by an insurer, and the injured party is entitled to compensation, the injured party may present a claim for compensation, directly to the Protection and Compensation Fund, and the Management Committee shall pay the claim out of Fund B:

Provided that notwithstanding anything contained in this regulation, where an insurer which carries on motor vehicle liability insurance business in Malta is subject to winding up proceedings or any other equivalent proceedings after the initiation date, but the claim relates to a risk which is situated in Malta, which occurred before the initiation date, such injured party may make a claim to the Protection and Compensation Fund and the Management Committee shall pay the claim out of Fund A:

Provided further that notwithstanding anything contained in this regulation, where an insurer which carries on motor vehicle liability insurance business from Malta is subject to winding up proceedings or any other equivalent proceedings, after the initiation date, but the claim relates to a risk which is situated in a Member State outside Malta which occurred before the initiation date, such injured party may make a claim to the Protection and Compensation Fund and the Management Committee shall pay the claim out of Fund C.

(2) Without prejudice to any obligation under regulation 14

of the Insurance Business (Reorganisation and Winding Up of Insurance Undertakings) Regulations, whenever an order is made or a COMPENSATION FUND)

decision is taken by the Maltese Courts or the competent authority or any other competent body to commence winding-up proceedings or any other equivalent proceedings in respect of an insurer carrying on motor vehicle liability insurance business in Malta or from Malta, the competent authority shall ensure that such order or decision is made public. The Management Committee shall ensure that all the European compensation bodies are promptly informed about such order or decision:

Provided that where the claim is in respect of damage resulting from motor vehicle liability accidents occurring outside Malta, the Management Committee shall ensure that the compensation bodies referred to in Article 24 of the Motor Insurance Directive, in all Member States are promptly informed about such order or decision.