S.I. No. 296/1938 - National Health Insurance (Great Britain Reciprocal Arrangements) Order, 1938.

ÉIRE. STATUTORY RULES AND ORDERS. 1938. No. 296.

NATIONAL HEALTH INSURANCE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1938.

THE NATIONAL HEALTH INSURANCE (GREAT BRITAIN RECIPROCAL ARRANGEMENTS) ORDER, 1938, DATED 24TH OCTOBER, 1938, MADE BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH.

The Minister for Local Government and Public Health, in exercise of the powers now vested in him under Section 17 of the National Health Insurance Act, 1923 (a), as amended by Section 5 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 (b), and of all other powers enabling him in that behalf, hereby makes the following Order:—

1.—(1) This Order may be cited as the National Health Insurance (Great Britain Reciprocal Arrangements) Order, 1938.

(2) The Interpretation Act, 1889(c), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the first day of January, 1924.

(3) This Order shall have effect as from the fourth July, 1938, but shall not come into force unless and until an order has been made by the National Health Insurance Joint Committee in pursuance of the powers conferred on them by Section 67 of the National Health Insurance Act, 1936 (d), for the purpose of carrying out the Arrangements contained in the Schedule to this order.

(4) The provisions contained in the Arrangements set out in the Schedule to this Order shall have full force and effect so far as they relate to Éire, and the National Health Insurance Acts, 1911-1936, shall have effect in Éire, subject to such modifications as may be required in those Acts for the purpose of giving effect to the provisions contained in the said Arrangements.

(a) No. 20 of 1923. (c) 52 and 53 Vict., C. 63.

(b) No. 12 of 1936. (d) 25 Geo. 5 and 1 Edw. 8., Ch. 32.

SCHEDULE.

ARRANGEMENTS MADE BETWEEN THE NATIONAL HEALTH INSURANCE JOINT COMMITTEE AND THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH.

MEMORANDUM OF ARRANGEMENTS which have been mutually agreed upon between the National Health Insurance Joint Committee acting under the powers conferred on them by Section 67 of the National Health Insurance Act, 1936 , and the Minister for Local Government and Public Health (acting under the powers now vested in him under Section 17 of the National Health Insurance Act, 1923 , as amended by Section 5 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 ).

1. The National Health Insurance Joint Committee and the Minister for Local Government and Public Health shall make such Orders as may be necessary to carry these Arrangements into effect, and such Orders shall be made simultaneously on a date to be mutually agreed.

2. The following provision shall be substituted for paragraph (1) of Article 18 of the Memorandum of Arrangements made between the National Health Insurance Joint Committee and the Irish Insurance Commissioners (whose functions are now vested in the Minister for Local Government and Public Health) dated the 16th February, 1924 (hereinafter referred to as "the principal Memorandum"), and set out in the Schedule to the National Health Insurance (Irish Free State Reciprocal Arrangements) Order, 1924(a), and the Schedule to the National Health Insurance (Great Britain Reciprocal Arrangements) Order, 1924(b) (hereinafter referred to as "the principal Orders"), and the heading to Part IV of the principal Memorandum shall be modified accordingly:—

"18.—(1) In the case of a ship registered in one country the owner of which resides or has his principal place of business in the other, contributions payable by or in respect of a person employed on board the ship shall be paid only under the National Health Insurance Acts in force in the country in which that person is resident:

Provided that, as respects a person resident in Éire who immediately before the 4th July, 1938, was employed, or if not then in fact employed, was then a person normally employed on a ship registered in Great Britain the owner of which resides or has his principal place of business in Éire, and in respect of whom contributions were during the last period of such employment immediately preceding that date paid under the National Health Insurance Acts in force in Great Britain, contributions shall continue to be payable only under those Acts in respect of any employment on or after that date on any such ship until contributions become payable in respect of that person under the National Health Insurance Acts in force in Éire in respect of employment other than employment on any such ship."

(a) S.R.O. 1924, No. 208. (b) S.R.O 1 1924, No. 7.

3. The Health Insurance Authority shall account to the Minister for Local Government and Public Health for all contributions received in respect of persons resident in Éire in respect of whom under the proviso to paragraph (1) of Article 18 of the principal Memorandum as amended by paragraph 2 of this Memorandum, contributions continue, after the date on which these arrangements come into operation, to be payable under the National Health Insurance Acts in force in Great Britain, and such financial adjustments shall be made between the National Health Insurance Fund and the Scottish, Welsh and Northern Ireland National Health Insurance Funds, on the one hand, and the Irish National Health Insurance Fund, on the other hand, as the Joint Committee and the Minister for Local Government and Public Health may from time to time agree.

4. Except where the context otherwise requires, words and expressions in this Memorandum shall have the same meaning as in Section 67 of the National Health Insurance Act, 1936 , and in Section 17 of the National Health Insurance Act, 1923 , as amended by Section 5 of the National Health Insurance and Widows' and Orphans' Pensions Act, 1936 .

5. The Arrangements set forth in this Memorandum shall be read as one with the principal Memorandum and shall have effect as from the 4th July, 1938.

E. C. MOFFREY,

Secretary.

SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

Given under the Official Seal of the Minister for Local Government and Public Health this Twenty-fourth day of October, Nineteen hundred and thirty-eight.

SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.

I Consent,

SEÁN MACENTEE,

Minister for Finance.