(1)  In this section –

indemnifiable person means a person who is entitled to be indemnified by the Board in respect of a liability;

non-indemnifiable person means a person who is not entitled to be indemnified by the Board in respect of a liability;

scheduled benefits includes payments by the Board in respect of its legal costs which are properly and reasonably incurred and which relate to, or are incidental to, the payment of the scheduled benefits including, but not limited to –

(a) a reference of any matter to the Tribunal; and

(b) any legal proceedings relating to the payment of the scheduled benefits.

(2)  The Board may recover from a non-indemnifiable person a scheduled benefit paid to any other person in respect of personal injury if the circumstances of the motor accident which resulted in the personal injury –

(a) created a liability in the non-indemnifiable person to pay damages; or

(b) would have created such a liability in the non-indemnifiable person if the motor accident had occurred in this State.

(3)  The Board has, in respect of scheduled benefits paid in respect of personal injury, the same rights of contribution and indemnity against a non-indemnifiable person as would have vested in an indemnifiable person by the Wrongs Act 1954 if –

(a) the circumstances of the motor accident which resulted in the personal injury also created liability in both the non-indemnifiable person and the indemnifiable person to pay damages or would have created such a liability if the motor accident had occurred in this State; and

(b) the scheduled benefits had been damages paid by the indemnifiable person towards meeting the liability; and

(c) the liability had arisen as the result of a tort.

(4)  If under section 4 of the Wrongs Act 1954 a person is given a right to reduced damages in respect of a personal injury, the amount recoverable by the Board under subsection (2) or (3) in respect of that personal injury is reduced in the same proportion.

(5)  If –

(a) the circumstances of a motor accident which resulted in personal injury to a person also create, otherwise than in tort, a liability in another person to pay damages in respect of that injury; and

(b) section 4 of the Wrongs Act 1954 would have applied so as to reduce the damages payable had that liability arisen in tort –

the amount recoverable by the Board under subsection (2) or (3) in respect of that personal injury is reduced in the same proportion.