Section 40

Every order made by a tribunal or the Registrar requiring a party to pay money is deemed be an order of a Court of a Magistrate and, subject to this section, may be enforced accordingly.

Where application is made to a Court of a Magistrate for the issue of any process to enforce an order provided for by section 38(1)(c) (requiring a party to pay money to another as an alternative to compliance with a work order), the Registrar shall give notice of the application to the party against whom enforcement is sought.

Small Claims Tribunals 26

If that party does not file in the tribunal within the period prescribed for so doing a notice of objection in the prescribed form, the order may, after the expiry of that period, be enforced pursuant to subsection (1).

The notice referred to in subsection (3) may only be given on the ground that it is the belief of the party that the order of the tribunal or the

Registrar has been fully complied with and that the party therefore disputes the entitlement of the applicant to enforce it.

If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed period, the Registrar shall refer the matter to the tribunal to be heard and determined under section 41(2).

No filing fee shall be payable by a person who seeks to enforce an order pursuant to subsection (1) but any fee which would otherwise be payable therefor shall be included in and be deemed as part of the award of the tribunal and shall be recoverable from the opposite party for the credit of the Consolidated Fund.