Civil Service (Transferred Officers) Compensation Act, 1929
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Claims for compensation referable to the Board. |
10.—(1) Every person who claims to be entitled as a transferred officer to compensation under Article 10 of the Treaty and has not previously made to the Minister a claim (other than a claim under section 14 of this Act) for such compensation shall (subject to the exception hereinafter made) be entitled to make to the Minister a claim for such compensation. | |
(2) The Minister shall (subject to the exception hereinafter made) refer to the Board— | ||
(a) every claim for compensation under Article 10 of the Treaty made to the Minister after the passing of this Act by a person who claims to be a transferred officer and either has not previously made to the Minister a claim (other than a claim under section 14 of this Act) for such compensation or having so made any such claim has unconditionally withdrawn the same before any decision was given thereon by the Minister; and | ||
(b) every claim for compensation under the said Article 10 made before the passing of this Act to the Minister by a person claiming to be a transferred officer which— | ||
(i) was not withdrawn before the passing of this Act, and | ||
(ii) was not preceded by another such claim which after having been considered by a committee appointed by the Minister to advise him in regard to such claims, was withdrawn on condition, and | ||
(iii) in respect of which the Minister has not before the passing of this Act granted or refused to grant compensation. | ||
(3) Where before the passing of this Act a claim for compensation under Article 10 of the Treaty was made to the Minister by a person claiming to be a transferred officer and the Minister on such claim granted or refused to such person such compensation and such grant or refusal is not a grant or refusal of compensation which is declared by the Agreement set forth in the First Schedule to this Act to be a final and conclusive determination of the claim of such person to compensation under the said Article 10, such person may at any time after the passing of this Act request the Minister to refer such claim to the Board and the Minister upon being so requested shall (subject to the exception hereinafter made) refer such claim to the Board and such claim shall thereupon be dealt with by the Board as if no such grant or refusal (as the case may be) of such compensation had been made. | ||
(4) This section shall not apply to a claim for compensation under Article 10 of the Treaty which has been the subject of an action or other plenary proceeding in the High Court the trial of which was heard and decided by that Court before the passing of this Act. |