S.I. No. 12/1923 - The Insurance Industry Unemployment Insurance Scheme (Board Of Management) Order, 1923.

IRISH FREE STATE 1923. No. 12.

THE INSURANCE INDUSTRY UNEMPLOYMENT INSURANCE SCHEME (BOARD OF MANAGEMENT) ORDER, 1923.

It is hereby notified that the following Order, namely : " The Insurance Industry Unemployment Insurance Scheme (Board of Management) Order, 1923, (No. 12 of 1923), " has been made by the Executive Council.

DIARMUID O hEIGCEARTUIGH,

Runai do'n Ard-Chomhairle.

(Secretary to the Executive Council.)

DUBLIN,

This 22nd day of December, 1923.

1923. No. 12.

THE INSURANCE INDUSTRY UNEMPLOYMENT INSURANCE SCHEME (BOARD OF MANAGEMENT) ORDER, 1923.

WHEREAS by Section 7 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922), it is enacted that whenever any statutory board of commissioners or other statutory board or body exercising any function of Government or discharging any public duties in relation to public administration, was in existence on the 6th day of December, 1921, and had jurisdictions, powers or duties extending to the whole of the late United Kingdom, the Executive Council may by order establish a board of commissioners to exercise in Saorstát Eireann the functions which were on the 6th day of December, 1921, exercisable by such statutory commissioners or statutory body as aforesaid in the area now comprised in Saorstát Eireann, and that whenever the Executive Council establishes under that section any board of commissioners, the Executive Council shall, by order establishing such board, apply to such board with such adaptations and modifications as may be necessary the several British Statutes regulating the Board of Commissioners or other body whose jurisdictions, powers, or duties are by such order conferred or imposed on such board :

AND WHEREAS by sub-section (2) of Section 16 of the Adaptation of Enactments Act, 1922 , it is enacted that every power given by that Act of applying, interpreting, adapting or modifying any British Statute shall extend and apply to every order, rule or regulation made under such Statute and having the force of law in Saorstát Eireann :

AND WHEREAS by the Unemployment Insurance (Insurance Industry Special Scheme) Order, 1921, made under Section 18 of the Unemployment Insurance Act, 1920 (10 & 11 Geo. V, ch. 30), (hereinafter called the Act) the British Minister of Labour approved the Insurance Industry Unemployment Insurance Scheme (hereinafter called the Scheme) set forth in the schedule to the said Order, whereby a Joint Board of Management (hereinafter called the Joint Board) was constituted in manner therein prescribed and was charged with the administration of the Scheme :

AND WHEREAS the Joint Board is a statutory body exercising functions of government or discharging public duties in relation to public administration, and was in existence on the 6th day of December, 1921, and had under the Scheme jurisdictions, powers and duties extending to the whole of the late United Kingdom :

AND WHEREAS it is necessary to make provision for the exercise in Saorstát Eireann of the functions which on the 6th day of December, 1921, were exercisable by the Joint Board in the area now comprised in Saorstát Eireann :

AND WHEREAS an Association of employers and employees within the meaning of Section 18 of the Act, and so constituted that the members of the Association who are employers consist of persons employing a substantial majority of the employees in the Insurance Industry in Saorstát Eireann, and the members who are employees consist of persons representing a substantial majority of the employees in the said Industry in Saorstát Eireann, have elected a Board comprising of ten persons whose names are set out in the Schedule to this Order, of whom five are representatives of such employers and five are representatives of such employees, to be the body charged with the administration of the Scheme in Saorstát Eireann :

NOW, the Executive Council in exercise of the several powers conferred on them by sections 7 and 16 of the Adaptation of Enactments Act, 1922 , and of every and any other power them in this behalf enabling, do hereby order as follows :—

1. This Order may for all purposes be cited as The Insurance Industry Unemployment Insurance Scheme (Board of Management) Order, 1923.

2. In this Order

the expression " the Scheme " means the said Insurance Industry Unemployment Insurance Scheme approved by the said Unemployment Insurance (Insurance Industry Special Scheme) Order, 1921 ;

the expression " the Joint Board " means the Joint Board of Management charged by the Scheme with the administration thereof ;

the expression " the Association " means the said Association of employers and employees constituted in manner hereinbefore recited ;

the expression " the Act " means the Unemployment Insurance Act, 1920 (10 & 11 Geo. V, ch. 30) ;

the expression " Saorstát Eireann " means the area for the time being or at the time referred to within the jurisdiction of the Parliament and Government of Saorstát Eireann.

3. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. A Board of Commissioners to be called and known as the Incorporated Insurance Industry Unemployment Insurance Board (hereinafter called the Board) is hereby established to exercise in Saorstát Eireann all the functions which were on the 6th day of December, 1921, exercisable in the area now comprised in Saorstát Eireann by the Joint Board.

5. The original members of the Board shall be the ten persons whose names are set out in the Schedule to this Order and who have been elected as hereinbefore mentioned by the Association.

6. The provisions of paragraph four of the Scheme being provisions applicable to the body charged with the administration of the Scheme, shall apply to the Board save so far as such provisions are inconsistent with or are modified by this Order, and subject to the Adaptation of Enactments Act, 1922 , and any Order made thereunder.

7. All the jurisdictions, powers and duties which on the 6th day of December, 1921, were conferred or imposed by the Scheme on the Joint Board are hereby conferred and imposed on the Board, subject to any modifications made by this Order, and subject also to the Adaptation of Enactments Act, 1922 , and any Orders made thereunder.

8. (1) The principal office of the Board shall be situate in Dublin, or at such other place in Saorstát Eireann as the Board shall determine.

(2) In paragraph (5) of Article 4 of the Scheme the words " thirtieth day of June, 1924," and " thirtieth day of June, 1925," shall be respectively substituted for the words " thirtieth day of June, 1922," and " thirtieth day of June, 1923," therein contained.

9. Nothing in this Order shall affect the powers of the Minister of Industry and Commerce to revoke, vary or amend the provisions of the Scheme under Section 18 of the Act or Section 10 of the Unemployment Insurance Act, 1923 (No. 17 of 1923), or any other powers enabling him in that behalf.

Dated the 22nd day of December, 1923.

SCHEDULE.

Names of the original Members of the Incorporated Insurance Industry Unemployment Insurance Board.

W. Hills Forsythe,

Norwich Union Life Assurance Society,

63 Dawson Street, Dublin.

John E. Oliver,

Commercial Union Assurance Co., Ltd.,

37 College Green, Dublin.

John D. Nugent,

The Secretary, Ancient Order of Hibernians,

1 Mountjoy Square, Dublin.

Laurence Traynor,

Prudential Assurance Co., Ltd.,

11 College Street, Dublin.

John P. Doran,

Refuge Assurance Co., Ltd.,

105 Stephen's Green, South, Dublin.

Michael W. O'Reilly,

New Ireland Assurance Society,

33 Lower Sackville Street, Dublin.

James Byrne,

6 Whitworth Place,

Drumcondra.

P. J. Boyle,

38 Fitzroy Avenue,

Drumcondra.

E. J. O'Mahoney,

City of Dublin Life Assurance Society,

4 Upper O'Connell Street, Dublin.

Thomas F. Mitchell,

Hibernian Insurance Company, Limited,

Dame Street, and

132 Rathgar Road,

Dublin.