S.I. No. 214/1964 - Workmen's Compensation (Modifications Pursuant To Reciprocal Arrangements) (Northern Ireland) Order, 1964.

S.I. No. 214 of 1964.

WORKMEN'S COMPENSATION (MODIFICATIONS PURSUANT TO RECIPROCAL ARRANGEMENTS) (NORTHERN IRELAND) ORDER, 1964.

WHEREAS this Order is necessary to carry out arrangements made under section 2 of the Social Welfare (Reciprocal Arrangements) Act, 1948 (No. 10 of 1948), and the modifications made thereby are modifications of an enactment for the time being in force relating to the subject matter of the said arrangements and are considered necessary by me:

NOW, I, CAOIMHGHÍN Ó BEOLÁIN, Minister for Social Welfare, in exercise of the powers conferred on me by subsection (1) of section 3 of the Social Welfare (Reciprocal Arrangements) Act, 1948 (No. 10 of 1948), hereby order as follows :

1.—(1) This Order may be cited as the Workmen's Compensation (Modifications pursuant to Reciprocal Arrangements) (Northern Ireland) Order, 1964.

(2) This Order shall come into force on the 5th day of October, 1964.

2. In this Order " the Act of 1934" means the Workmen's Compensation Act, 1934 (No. 9 of 1934), as amended by the Workmen's Compensation (Amendment) Act, 1948 (No. 23 of 1948), the Workmen's Compensation (Amendment) Act, 1953 (No. 25 of 1953), and the Workmen's Compensation (Amendment) Act, 1955 (No. 16 of 1955).

3.—(1) If a person who is ordinarily resident in the State—

(a) is temporarily employed in Northern Ireland in the course of his service for an employer who is resident or has a place of business in the State, or

(b) is temporarily employed in Northern Ireland by an employer who is resident or has a place of business in the State and has been engaged for that employment outside Northern Ireland,

then, for the purpose of any claim, in respect of an industrial accident occurring or an industrial disease contracted in the course of such employment, to receive weekly payments by way of compensation under the Act of 1934, that person shall be treated as if the accident had occurred or the disease had been contracted in the State.

(2) For the purpose of applying the provisions of paragraph (1) of this Article, a person shall cease, unless the Minister for Social Welfare and the Ministry of Labour and National Insurance otherwise agree in any particular case to be treated as temporarily employed in Northern Ireland if his employment therein has lasted for as long as twelve months.

(3) If a person who is resident in the State is employed in any week, being a period of seven days commencing from midnight on Sunday, in both the State and Northern Ireland by one employer, then, for the purpose of any claim, in respect of an industrial accident occurring or an industrial disease contracted in the course of such employment, to receive weekly payments by way of compensation under the Act of 1934, that person shall be treated as if the accident had occurred or the disease had been contracted in the State.

4.—(1) The provisions of this Article shall apply as respects any person who is employed under a contract of service as master or a member of the crew of any ship or vessel.

(2) Where any person, to whom this Article applies, is employed on board a ship or vessel, being a ship or vessel whose port of registry is a port in the State and whose owner (or managing owner if there is more than one owner) resides or has his principal place of business in Northern Ireland, then, if that person is ordinarily resident in Great Britain, the Isle of Man or Northern Ireland, the provisions of the Act of 1934 shall not apply to him.

(3) Where any person, to whom this article applies, is employed on board a ship or vessel, being a ship or vessel whose port of registry is a port in Northern Ireland and whose owner (or managing owner if there is more than one owner) resides or has his principal place of business in the State, then, the provisions of the Act of 1934 shall not apply to him unless he is ordinarily resident in the State.

(4) Where, apart from this paragraph, the provisions of the Act of 1934 would apply to a radio officer employed on board a ship or vessel who is paid remuneration in respect of that employment by some person (other than the owner of the ship or vessel) having his principal place of business in Great Britain, those provisions shall not apply to him if the National Insurance Acts in force in Great Britain apply to him.

(5) Where a person to whom this Article applies (other than a radio officer to whom paragraph (4) of this Article applies or a non-domiciled mariner) is employed on board a ship or vessel engaged in regular trade between the State and Great Britain, the Isle of Man or Northern Ireland, being a ship or vessel—

(a) whose port of registry is a port in Northern Ireland, not being a ship owned in the State ; or

(b) of which the owner (or managing owner if there is more than one owner) resides or has his principal place ofbusiness in Northern Ireland, not being a ship whose port of registry is in Great Britain or the Isle of Man or in the State,

then, in respect of that employment—

(i) if that person is ordinarily resident in Great Britain, the Isle of Man or Northern Ireland, the provisions of the Act of 1934 shall not apply, and

(ii) if that person is ordinarily resident in the State and the provisions of the Act of 1934 would not, apart from this subparagraph, apply, those provisions shall apply.

(6) In this Article—

"radio officer" means a person to whom this article applies who is employed on board any ship or vessel in connection with the radio apparatus thereof ;

"non-domiciled mariner" means a person employed on board any ship or vessel who neither is domiciled nor has a place of residence in the State or in Great Britain, the Isle of Man or Northern Ireland.

GIVEN under my Official Seal, this 3rd day of September, 1964.

CAOIMHGHÍN Ó BEOLÁIN,

Minister for Social Welfare.

EXPLANATORY NOTE.

This Order modifies the Workmen's Compensation Acts, 1934 to 1955, in their application to persons affected by arrangements made under the Social Welfare (Reciprocal Arrangements) Act, 1948 . The terms of the arrangements are embodied in the Agreement relating to Insurance and Workmen's Compensation set out in the Schedule to the Social Welfare (Northern Ireland Reciprocal Arrangements) Order, 1964 ( S.I. No. 213 of 1964 ).