(b) If the state, in its notice under subsection (a), request that the action against the state employee be dismissed - the action against him will be dismissed, and the action will be considered as if it was filed against the state by virtue of its responsibility for the act of the state employee under sections 13 or 14, and the act of the state employee will be treated as if it was done in the performance of his duties.
(c) Notwithstanding the provisions of subsection (b), the plaintiff may request, within a period to be determined in the Regulations, that the court determine that the conditions of immunity under section 7A are not met; The court ruled as aforesaid, the claim against the civil servant will not be dismissed, and the provisions of subsection (b) will not apply.
(d) If the State has not given a notice as stated in subsection (a) or has not sought to dismiss the claim against a civil servant as stated in subsection (b), the state employee may request, within a period to be determined in the regulations, that the court determine that the conditions of immunity under section 7A are met; If the employee requests that the state join the proceeding, if it was not joined to him as a defendant; If the court rules that the conditions of immunity as stated in section 7A are met, the claim against the civil servant will be dismissed, and the provisions of subsection (b) will apply, with the necessary changes; If the court rules that the state employee did the act not in the course of performing his duties, the claim against the state will be dismissed.
(e) The court shall decide on the request of a plaintiff as stated in subsection (c) or on the request of a civil servant as stated in subsection (d), immediately.
The Torts Regulations set out deadlines and procedures for the implementation of these provisions, and it was determined that the state must submit the aforementioned notice of recognition In section 7b(a), to the extent that it wishes to file it, within the time allotted for the filing of a statement of defense (Regulation 6 to the Torts Regulations). The regulations also stipulate that the applicant in accordance with the Section 7b(c) to the Ordinance that the court determine that the conditions of immunity under the Section 7Awill submit an application in this regard within 14 days from the date on which the notice of recognition was served on behalf of the State (Regulation 7(a) to the Torts Regulations). The regulations also stipulate that an applicant works according to the Section 7B(d) to the Ordinance that the court determine that the conditions of immunity under Section 7A (In the event that the state has not notified of recognition of immunity or has not requested that the claim against him be dismissed), he must submit his request within 14 days of the last day allotted for the submission of the notice of recognition as aforesaid.Regulation 7(b) to the Torts Regulations).