S.I. No. 97/1960:

WORKMEN'S COMPENSATION (MODIFICATIONS PURSUANT TO RECIPROCAL ARRANGEMENTS) (GREAT BRITAIN) ORDER, 1960.

WORKMEN'S COMPENSATION (MODIFICATIONS PURSUANT TO RECIPROCAL ARRANGEMENTS) (GREAT BRITAIN) ORDER, 1960.

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, SEÁN MacENTEE, 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) (Great Britain) Order, 1960.

(2) This Order shall come into operation on the 2nd day of May, 1960.

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) ;

" Great Britain " includes the Isle of Man.

3. (1) If a person--

(a) is ordinarily resident in the State ; and

(b) is either employed in Great Britain in the Government service of the State or temporarily employed in Great Britain in the service of an employer who is resident or has a place of business in the State ; and

(c) has been engaged for that employment outside Great Britain ;

then, for the purposes of any claim, in respect of any 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 (as may be appropriate) the Minister of Pensions and National Insurance or the Isle of Man Board of Social Services otherwise agree in any particular case, to be treated as temporarily employed in Great Britain if his employment therein has lasted for as long as twelve months.

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 Great Britain, then, subject to paragraph (4) of this Article, if that person is ordinarily resident in Great Britain 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 Great Britain 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, subject to paragraph (4) of this Article, the provisions of the Act of 1934 shall not apply to him unless he is ordinarily resident in the State.

(4) Where, but for this paragraph, the provisions of the Act of 1934, would, by virtue of paragraph (2) or paragraph (3) of this Article, not apply to a radio officer 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 the State, then, in respect of that employment, that radio officer shall be subject (in so far as they are applicable) to the said provisions.

(5) 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,

(6) Where--

(a) but for this paragraph, the provisions of the Act of 1934 would not apply to a radio officer employed on board a ship or vessel who is paid remuneration by some person (other than the owner of the ship or vessel) having his principal place of business in the State, and

(b) the Great Britain Act would, but for the provisions made in Great Britain consequent upon the arrangements by reference to which this Order is made, apply to him,

the provisions of the Act of 1934 shall apply to him.

(7) For the purposes of the provisions of the Act of 1934 as applying to a radio officer 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 the State, the said person by whom the remuneration is paid shall be treated as his employer.

(8) Where a person to whom this Article applies (other than a radio officer to whom paragraph (4), (5) or (6) 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 or Northern Ireland, being a ship or vessel--

(a) whose port of registry is a port in Great Britain, or, except where the owner (or managing owner if there is more than one owner) resides or has his principal place of business in Northern Ireland, 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 of business in either the State or Great Britain and whose port of registry is not a port in Northern Ireland ;

then, in respect of that employment--

(i) if that person is ordinarily resident in Great Britain 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.

(9) 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 ;

" the Great Britain Act " means (as may be appropriate) the National Insurance (Industrial Injuries) Act, 1946, or the National Insurance (Industrial Injuries) (Isle of Man) Act, 1948 ;

" 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 or Northern Ireland.

GIVEN under my Official Seal, this 2nd day of May, 1960.

SEÁN MacENTEE,

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 on Social Security (set out in the Schedule to the Social Welfare (Great Britain Reciprocal Arrangements) Order, 1960 ( S.I. No. 96 of 1960 )) made between this country and Great Britain and the Isle of Man.