S.I. No. 512/1941 - Workmen's Compensation Act, 1934 (Confirmation of Provisional Arrangement) Order, 1941.


STATUTORY RULES AND ORDERS. 1941. No. 512.

WORKMEN'S COMPENSATION ACT, 1934 (CONFIRMATION OF PROVISIONAL ARRANGEMENT) ORDER, 1941.

WHEREAS it is enacted by section 71 of the Workmen's Compensation Act, 1934 (No. 9 of 1934), as adapted in consequence of the enactment of the Constitution, that, where under any law from time to time in force in any other State compensation is payable in respect of injuries to workmen, it shall be lawful for the Government to enter into a provisional arrangement with the Government of such other State whereby sums awarded in such other State under such law to persons resident or becoming resident in Ireland may be transferred to and administered by the judge of the Circuit Court appointed by rules of court and sums awarded in Ireland as compensation under that Act to persons resident or becoming resident in such other State may be transferred to and administered by a competent authority in such other State, and that, whenever any such provisional arrangement is entered into, it shall be lawful for the Government by order to give statutory effect to such provisional arrangement :

AND WHEREAS under the law now in force in the United Kingdom of Great Britain and Northern Ireland compensation is payable in respect of injuries to workmen :

AND WHEREAS the Government and the Government of the said United Kingdom have, by the letters of which copies are set out in the Schedule hereto, entered into such provisional arrangement as is authorised by the said section 71 of the Workmen's Compensation Act, 1934 :

NOW, the Government, in exercise of the powers conferred on them by Section 71 of the Workmen's Compensation Act, 1934 (No. 9 of 1934), as adapted in consequence of the enactment of the Constitution, and of every and any other power them in this behalf enabling, do hereby order as follows :—

1. This Order may be cited as the Workmen's Compensation Act, 1934 , (Confirmation of Provisional Arrangement) Order, 1941.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. Statutory effect is hereby given to the provisional arrangement between the Government and the Government of the United Kingdom of Great Britain and Northern Ireland effected by the letters whereof copies are set forth in the Schedule hereto.

SCHEDULE.

I.

High Commissioner for Ireland,

33-37 Regent Street, London, S.W.1.

26/¼1.                            25th February, 1941.

My lord,

I have the honour to refer to your predecessor's despatch No. 42 of the 25th May, 1939, and to state that it is provided in Section 71 of the Workmen's Compensation Act, 1934 , the enactment which comprises the law in Ireland relating to the payment of compensation to workmen for injuries suffered in the course of their employment, that the Government of Ireland may enter into a provisional reciprocal arrangement with the Government of any other State in which legislation is in force for the payment of compensation in respect of injuries to workmen, whereby sums awarded as workmen's compensation in either State may be transferred to and administered by a competent authority in the other State. The section further provides that the Government of Ireland may, by Order, give statutory effect to such a provisional arrangement made with the Government of another State.

2. In accordance with Section 71 of the Workmen's Compensation Act, 1934 , the Government of Ireland are prepared to enter into a provisional reciprocal arrangement with the British Government, on the lines suggested in the enclosure to the despatch referred to. The provisions of the arrangement would thus be as set out in the following paragraphs.

3. The scope of the arrangement will be limited to the transfer of money where it represents compensation paid into Court by the employer in the form of a lump sum, and will exclude cases where compensation is paid by the employer in the form of weekly payments.

4. The competent Court in Ireland may make Orders for the transfer of money to Great Britain, or to Northern Ireland, where the beneficiary is believed to be resident or about to reside there, to be administered for the benefit of the beneficiary in such a manner as the appropriate Court in Great Britain or Northern Ireland may think fit, and may in the Order make any request regarding the administration of the money.

5. Where such an Order is made

(i) if the beneficiary is resident in England or Wales, the proper officer of the Court making the Order will send in an envelope addressed to the Superintendent, County Courts Branch, Lord Chancellor's Department, House of Lords, London, a sealed or otherwise authenticated copy of the Order and a crossed cheque made payable to the Paymaster-General, The Treasury, Whitehall, London, S.W.1. ;

(ii) if the beneficiary is resident in Scotland, the certified copy of the Order will similarly be sent and the cheque will be made payable to the King's and Lord Treasurer's Remembrancer, Exchequer, Edinburgh ;

(iii) if the beneficiary is resident in Northern Ireland, the certified copy of the Order will be sent and the cheque made payable to the Accountant, Ministry of Home Affairs for Northern Ireland, Belfast.

6. The proper officers in Great Britain or Northern Ireland will select the appropriate Court having regard to the residence of the beneficiary, and will send the Order and the money to the Court selected.

7. The appropriate Court in the United Kingdom will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible, take into account and act upon any request issued by the Transmitting Court regarding the administration of the money.

8. The competent Courts in the United Kingdom of Great Britain and Northern Ireland may make Orders for the transfer of money to Ireland where the beneficiary is believed to be resident or about to reside in Ireland, to be administered for the benefit of the beneficiary in such manner as the appropriate Court in Ireland may think fit, and may in the Order make any request regarding the administration of the money.

9. Where such an Order is made, the proper officer of the Court making the Order will send in an envelope addressed to the Secretary, Department of Justice, Upper Merrion Street, Dublin, a sealed or otherwise authenticated copy of the Order and a crossed cheque made payable to the Accountant, Department of Justice, Dublin.

10. The proper officers in Ireland will select the appropriate Court having regard to the residence of the beneficiary, and will send the Order and the money to the Court selected.

11. The appropriate Court in Ireland will be under an obligation to receive and administer the money for the benefit of the beneficiary and will, so far as possible consistently with that object, take into account and act upon any request made by the Transmitting Court regarding the administration of the money.

12. The Court by which the money is administered, whether in the United Kingdom or in Ireland, will not charge any Court fees in respect of the administration of the money.

13. The Courts competent to act under this arrangement are as follows :—

The County Courts in England and Wales (now 432 in number).

The Sheriff Courts in Scotland (now 32 in number).

The County Courts and the Recorders' Courts in Northern Ireland (now 8 in number).

The Circuit Court in Ireland (now comprising 9 Circuits).

14. If an agreement on these lines is acceptable to your Government, the Irish Government would regard the present Note and your reply intimating the concurrence of the Government of the United Kingdom as constituting a Provisional Reciprocal Arrangement within the meaning of Section 71, Sub-section (1), of the Workmen's Compensation Act, 1934 . Statutory effect would be given to the provisional arrangement so far as Ireland is concerned by an Order made by the Government of Ireland as provided in Section 71, Sub-section (2) of the said enactment.

I have the honour to be, My Lord,

Your Lordship's most obedient and humble servant,

(Signed) J. W. DULANTY,

High Commissioner.

The Right Honourable Viscount Cranborne, M.P.,

Secretary of State for Dominion Affairs,

Dominions Office, Downing Street, S.W.1.

II.

Dominions Office,

Downing Street, S.W.1,

19th May, 1941.

Sir,

I have the honour to acknowledge the receipt of your letter of the 25th February, No. 26/¼1, regarding a reciprocal arrangement for the payment of monies awarded as workmen's compensation.

2. The law concerning the payment of workmen's compensation in Great Britain is contained in the Workmen's Compensation Act, 1925, and the Workmen's Compensation Transfer of Funds Act, 1927, and in Northern Ireland in the Workmen's Compensation Act (Northern Ireland), 1927. Both laws provide for the transfer of sums paid as compensation in the circumstances described in sub-paragraph (c) of paragraph 6 of the memorandum enclosed in the despatch from the Government of Éire, No. 105, of the 16th September, 1937, subject inGreat Britain to the modifications contained in Section 16 of the Workmen's Compensation Act, 1925, and Rule 66 of the Workmen's Compensation Rules and in Northern Ireland to the modifications contained in Section 16 of the Workmen's Compensation Act (Northern Ireland), 1927, and Rule 66 of the Northern Ireland Rules of Court. Both laws provide for the transfer of monies in the circumstances described in sub-paragraph (d) of paragraph 6 of the memorandum prepared by the authorities in Éire (Rule 91b of the Workmen's Compensation Rules of Great Britain and Section 38 of the Workmen's Compensation Act (Northern Ireland, 1927) and neither case is legislative action necessary to give effect to these agreements ; effect is given by Rule.

3. His Majesty's Government in the United Kingdom are prepared to enter into a provisional reciprocal arrangement with the Government of Éire on the lines suggested in your letter under acknowledgment, and they agree to regard this exchange of letters as constituting a formal agreement. The provisions of the arrangement as now agreed are set out in the following paragraphs.

4. The scope of the arrangement will be limited to the transfer of money where it represents compensation paid into Court by the employer in the form of a lamp sum, and will exclude cases where compensation is paid by the employer in the form of weekly payments.

5. The competent Court in Éire may make Orders for the transfer of money to the United Kingdom of Great Britain and Northern Ireland where the beneficiary is believed to be resident or about to reside there to be administered for the benefit of the beneficiary in such a manner as the appropriate Court in the United Kingdom of Great Britain and Northern Ireland may think fit, and may in the Order make any request regarding the administration of the money.

6. Where such an Order is made—

(i) if the beneficiary is resident in England or Wales, the proper officer of the Court making the Order will send in an envelope addressed to the Superintendent, County Courts Branch, Lord Chancellor's Department, House of Lords, London, a sealed or otherwise authenticated copy of the Order and a crossed cheque made payable to His Majesty's Paymaster-General, The Treasury, Whitehall, London, S.W.1.

(ii) if the beneficiary is resident in Scotland, the certified copy of the Order will similarly be sent and the cheque made payable to the King's and Lord Treasurer's Remembrancer, Exchequer, Edinburgh.

(iii) if the beneficiary is resident in Northern Ireland, the certified copy of the Order will be sent and the cheque made payable to the Accountant, Ministry of Home Affairs for Northern Ireland, Belfast.

7. The proper officers in Great Britain and Northern Ireland will select the appropriate Court having regard to the residence of the beneficiary, and will send the Order and the money to the Court selected.

8. The appropriate Court in the United Kingdom of Great Britain and Northern Ireland will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible, take into account and act upon any request made by the Transmitting Court regarding the administration of the money.

9. The competent Courts in the United Kingdom of Great Britain and Northern Ireland may make Orders for the transfer of money to Eire where the beneficiary is believed to be resident or about to reside in Éire, to be administered for the benefit of the beneficiary in such manner as the appropriate Court in Éire may think fit, and may in the Order make any request regarding the administration of the money.

10. Where such an Order is made, the proper officer of the Court making the Order will send in an envelope addressed to the Secretary, Department of Justice, Upper Merrion Street, Dublin, a sealed or otherwise authenticated copy of the Order and a crossed cheque made payable to the Accountant, Department of Justice, Dublin.

11. The proper officers in Éire will select the appropriate Court having regard to the residence of the beneficiary, and will send the Order and the money to the Court selected.

12. The appropriate Court in Éire will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible consistently with that object, take into account and act upon any request made by the Transmitting Court regarding the administration of the money.

13. The Court by which the money is administered whether in the United Kingdom or in Éire will not charge any Court fees in respect of the administration of the money.

14. The Courts competent to act under this arrangement are as follows :—

The County Courts in England and Wales (now 432 in number).

The Sheriff Courts in Scotland (now 32 in number).

The County Courts and the Recorders' Courts in Northern Ireland (now 8 in number).

The Circuit Court in Éire (now comprising 9 circuits).

I have the honour to be, Sir,

Your most obedient humble servant,

(Signed) CRANBORNE,

Secretary of State for Dominion Affairs.

GIVEN under the Official Seal of the Government, this 10th day of September, 1941.

(Signed) ÉAMON DE VALÉRA,

Taoiseach.