S.I. No. 13/1923 - The Insurance Industry Unemployment Insurance Scheme (Insurance Fund) Order, 1923.


IRISH FREE STATE. 1923. No. 13.

THE INSURANCE INDUSTRY UNEMPLOYMENT INSURANCE SCHEME (INSURANCE FUND) ORDER, 1923.

It is hereby notified that the following Order, namely : " The Insurance Industry Unemployment Insurance Scheme (Insurance Fund) Order, 1923 (No. 13 of 1923) " has been made by the Executive Council.

DIARMUID Ó hEIGCEARTUIGH,

Runai do'n Ard-Chomhairle.

(Secretary to the Executive Council.)

DUBLIN.

This 22nd day of December, 1923.

1923. No. 13.

THE INSURANCE INDUSTRY UNEMPLOYMENT INSURANCE SCHEME (INSURANCE FUND) ORDER, 1923.

WHEREAS it is provided by Section 8 of the Adaptation of Enactments Act, 1922 , that whenever any statutory fund was in existence on the 6th day of December, 1921, and served purposes relating to the whole of the late United Kingdom, the Executive Council may by Order establish a fund to serve in Saorstát Eireann the like purposes as were on the 6th day of December, 1921, served by such statutory fund in the area now comprised in Saorstát Eireann, and that whenever the Executive Council establishes a fund under this section to serve the purposes of any statutory fund, the Executive Council shall, by the Order establishing such fund, apply to such fund with the necessary adaptations and modifications the several Acts of the British Parliament regulating such statutory fund :

AND WHEREAS by Section 16 (2) 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 Insurance Industry Unemployment Insurance Scheme (hereinafter called the Scheme), approved pursuant to Section 18 of the Unemployment Insurance Act, 1920 (10 and 11 Geo. V, ch. 30) (hereinafter called the Act), by the Unemployment Insurance (Insurance Industry Special Scheme) Order, 1921, a fund was established to serve in relation to the whole of the late United Kingdom the purposes of the Scheme, which fund is called in the Scheme " The Joint Insurance Fund," and is hereinafter referred to by that name.

AND WHEREAS the Joint Insurance Fund was in existence on the 6th day of December, 1921, and it is necessary to establish a fund to serve in Saorstát Eireann the like purposes as were on that date served in the area now comprised in Saorstát Eireann by the Joint Insurance Fund :

AND WHEREAS the financial adjustments which will be necessary on the establishment of such fund are being made by agreement between the British Minister of Labour, the Minister of Industry and Commerce, the Joint Board of Management (hereinafter called the Joint Board) charged by the Scheme with the administration thereof and the persons intended to be constituted as the Board (hereinafter called the Saorstát Eireann Board) charged with the administration of the Scheme in Saorstát Eireann, or the said Board after the constitution thereof, and a provisional agreement for such financial adjustment has been arrived at between the Ministers, Boards and persons aforesaid, whereby it is agreed that a sum, provisionally estimated at £6,394 3s 10d., shall be transferred to the Saorstát Eireann Board out of the funds vested in the Joint Board :

AND WHEREAS in the calculation of the sum to be transferred to the Saorstát Eireann Board as aforesaid regard has been had to the amounts properly payable to that Board in respect of :—

(i) all contributions paid to the Joint Board by employers of persons employed in the area now comprised in Saorstát Eireann :

(ii) the proportion attributable to the area now comprised in Saorstát Eireann of the sum received by the Joint Board under sub-section (10) of Section 18 of the Act :

(iii) The sums from time to time received by the Joint Board under sub-section (7) of Section 18 of the Act in respect of the said contributions paid by employers of persons employed in the area of Saorstát Eireann :

NOW, the Executive Council, in exercise of the several powers conferred on them by the said Sections 8 and 16 of the Adaptations 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 (Insurance Fund) 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 Act " means the Unemployment Insurance Act, 1920 (10 & 11 Geo. V, Ch. 30) ;

the expression " the Joint Insurance Fund " means the said fund established under that name by the Scheme ;

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

the expression " the Saorstát Eireann Board " means the Board established or intended to be established in Saorstát Eireann and charged with the administration of the Scheme in Saorstát Eireann ;

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 fund is hereby established to serve in Saorstát Eireann the like purposes as were on the 6th day of December, 1921, served by the Joint Insurance Fund in the area now comprised in Saorstát Eireann.

5. The said fund shall be called the Insurance Fund, and shall consist of

(a) the sum which shall be transferred to the Saorstát Eireann Board pursuant to the hereinbefore mentioned financial adjustments ;

(b) all contributions payable under the Scheme as applied to Saorstát Eireann by employers (including contributions for the purpose of restoring the solvency of the fund) and employed persons ;

(c) the grant payable under sub-section (7) of Section 18 of the Act out of moneys provided by the Oireachtas.

6. All the provisions of the Scheme applicable to the Joint Insurance Fund shall apply to the Insurance Fund hereby established, subject to any modifications made by this Order, and subject also to the Adaptation of Enactments Act, 1922 , and any Orders made thereunder.

7. 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.