No. 19/1946:

CONTINUATION OF COMPENSATION SCHEMES ACT, 1946

ARRANGEMENT OF SECTIONS

1 Continuation of civilian compensation schemes.

2 Continuation of Local Defence Forces compensation schemes.

3 Continuation of Local Security Force compensation schemes.

4 Continuance of compensation schemes for seamen.

5 Restriction of meaning of "public moneys" in military Service Pensions Acts, 1924 to 1945.

6 Expenses.

7 Short title.

AN ACT TO CONTINUE IN FORCE, TO A LIMITED EXTENT, CERTAIN COMPENSATION SCHEMES UNDER THE EMERGENCY POWERS ACT, 1939 , IN RESPECT OF PERSONAL INJURIES AND LOSS.

[16th July, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this section—

the expression "the Principal Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (S. R. & O., No. 229 of 1942);

the expression "the first amending Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (First Amendment) Scheme, 1943 (S. R. & O., No. 7 of 1943);

the expression "the second amending Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Second Amendment) Scheme, 1943 (S. R. & O., No. 231 of 1943);

the expression "the Schemes" means the Principal Scheme, the first amending Scheme and the second amending Scheme.

(2) The Schemes shall continue in force after the 1st day of September, 1946, subject to the modification that the expression "qualifying injury" therein shall mean any personal injury which was sustained on or before that date and to which, when it was sustained, the Emergency Powers (No. 98) Order, 1941 (S. R. & O., No. 354 of 1941), applied.

(3) If, after the 1st day of September, 1946, any person contravenes paragraph (1) of Article 37 of the Principal Scheme, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

(4) If any person is in receipt of any compensation under the Schemes in the form of a continuing allowance obtained by reason of a false statement and such person is convicted of an offence (based on the making, signing or using of any written statement in contravention of paragraph (1) of Article 37 of the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date of such conviction.

2.—(1) In this section—

the expression "the Principal Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 (S. R. & O., No. 451 of 1942);

the expression "the amending Scheme" means the Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 (First Amendment) Scheme, 1943 (S. R. & O., No. 433 of 1943);

the expression "the Schemes" means the Principal Scheme and the amending Scheme.

(2) The Schemes shall continue in force after the 1st day of September, 1946, subject to the modification that the expression "qualifying injury" therein shall mean any personal injury within the meaning of the Schemes which was sustained on or before the 31st day of March, 1946, and to which, when it was sustained, Article 17 of the Emergency Powers (No. 61) Order, 1940 (S. R. & O., No. 391 of 1940), applied.

(3) If, after the 1st day of September, 1946, any person contravenes paragraph (1) of Article 35 of the Principal Scheme, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

(4) If any person is in receipt of any compensation under the Schemes in the form of a continuing allowance and such person is convicted of an offence (based on the making, signing or using of any written statement in contravention of paragraph (1) of Article 35 of the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date of such conviction.

3.—(1) In this section—

the expression "the Principal Scheme" means the Local Security Force (Compensation for Personal Injuries) Scheme, 1943 (S. R. & O., No. 135 of 1943);

the expression "the amending Scheme" means the Local Security Force (Compensation for Personal Injuries) Scheme, 1943 (Amendment) Scheme, 1943 (S. R. & O., No. 271 of 1943);

the expression "the Schemes" means the Principal Scheme and the amending Scheme.

(2) The Schemes shall continue in force after the 1st day of September, 1946, subject to the modification that the expression "qualifying injury" therein shall mean any qualifying injury within the meaning of the Schemes which was sustained on or before the 30th day of September, 1945.

(3) If, after the 1st day of September, 1946, any person contravenes paragraph (1) of Article 34 of the Principal Scheme, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

(4) If any person is in receipt of any compensation under the Schemes in the form of a continuing allowance and such person is convicted of an offence (based on the making, signing or using of any written statement in contravention of paragraph (1) of Article 34 of the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date of such conviction.

4.—(1) In this section the expression "the Order" means the Emergency Powers (No. 263) Order, 1943 (S. R. & O., No. 86 of 1943).

(2) The Order shall continue in force after the 1st day of September, 1946, subject to the modification that it shall not apply to an injury or detention, within the meaning of the Order, sustained by a person after that date, or to the loss or presumed loss of a person, or the loss of or damage to the effects of a person, or the loss presumed loss or wreck of a ship, occurring after that date.

(3) If, after the 1st day of September, 1946, any person contravenes Article 17 of the Order, he shall be guilty of an offence under this section and shall be, liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.

(4) The Supplies and Services (Temporary Provisions) Act, 1946 , shall not apply to the Order.

5.—The expression "public moneys" wherever it occurs in the Military Service Pensions Acts 1924 to 1945, shall be construed as not including any moneys payable under any scheme to which section 1, section 2, section 3, or section 4 of this Act relates.

6.—All expenses incurred in carrying this Act into execution Expenses shall be paid out of moneys provided by the Oireachtas.

7.—This Act may be cited as the Continuation of Compensation Schemes Act, 1946 .