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ayments to persons attending courses. A> 4. The Ministry, or, in the case of a
course provided by, or under arrangements made by, another government
department, that department, may defray, or contribute towards, expenses
incurred by persons attending vocational training courses or industrial
rehabilitation courses in travelling to and from the place where the course is
held, and may make payments to or in respect of such persons, up to such
amounts as the Ministry or that department may with the approval of the
Ministry of Finance determine and in such manner as the Ministry or that
department may determine. N>> S.5 rep. by SLR 1980 6 Provisions for enabling
registered disabled persons to obtain employment or to undertake work on their
own account >Register of disabled persons. A> 6. (1) The Ministry shall
establish and maintain a register of disabled persons (in this Act referred to
as ""the register''). B>(2) The register shall be kept in such form, and
entries therein, and alterations and removals of entries therein and
therefrom, shall be made in such manner, as the Ministry may determine. B>(3)
A person whose name is for the time being in the register is in this Act
referred to as a ""person registered as handicapped by disablement.'' B>(4)
The Ministry may make regulations prescribing the manner in which the fact
that a person's name is for the time being in the register may be proved,
including, without prejudice to the generality of this power, regulations as
to the issue of certificates for that purpose and as to the custody, use and
delivery up thereof. >Entry of names of disabled persons in the register. A>
7. (1) The Ministry may make regulations prescribing matters which are to
constitute conditions of, or disqualifications from, the entry in the register
of the names of any persons, either generally or in particular circumstances.
B>The matters which may be prescribed under this sub-section shall be such as
must in the opinion of the Ministry be so prescribed in order to secure that
the fact that a person's name is in the register will afford reasonable
assurance of his being a person capable of entering into and keeping
employment, or of undertaking work on his own account, under the conditions
under which in accordance with the provisions of this Act employment may be
offered to him or such work may be available for him, and the said matters
shall, without prejudice to the generality of this provision, include C >>( a
) the fact that a person is under a prescribed age; C >>( b ) unreasonable
refusal or failure to attend a vocational training or industrial
rehabilitation course; C >>( c ) the fact that a person is not ordinarily
resident in Northern Ireland; C >>( d ) habitual bad character. B>(2) A person
who desires his name to be entered in the register shall make application to
the Ministry in that behalf in the prescribed manner, and, on an application
in that behalf being duly made C >>( a ) if the Ministry is satisfied that the
applicant is a disabled person and that his disablement is likely to continue
for [{4}twelve months] or more from the time of the entry of his name in the
register, that any prescribed condition as to the entry of names in the
register applicable to him is satisfied and that he is not subject to any
prescribed disqualification in that behalf, his name shall be entered in the
register; C >>( b ) in any other case, the Ministry shall refer the
application to a district advisory committee for their recommendations on the
issue as to which the Ministry is not satisfied and after considering their
recommendations shall determine it, and if the Ministry determines it in
favour of the applicant his name shall be entered in the register: B>Provided
that a person being a 1914-18 disablement pensioner shall be treated for the
purposes of this sub-section as a disabled person and as one whose disablement
is likely to continue for [{4}twelve months] or more from the time of the
entry of his name in the register, and the name of such a person may be
entered in the register without his making any application in that behalf.
B>(3) In this Act the expression ""1914-18 disablement pensioner'' means a
person in receipt of, or entitled to receive <1920 c.23
[{9}or in any force raised and
maintained under the Army and Air Force (Women's Service) Act, 1948|] [{10}or
in the Ulster Defence Regiment] and who before so serving were ordinarily
resident in the United Kingdom. >Central advisory council and district
advisory committees. A> 17. (1) The Ministry shall establish for the purposes
of this Act C >>( a ) a central advisory council, which shall be charged with
the duty of advising and assisting the Ministry in matters relating to the
employment, undertaking of work on their own account or training, of disabled
persons generally; and C >>( b ) for each such district in Northern Ireland as
the Ministry may determine, a district advisory committee, which shall be
charged with the duty of advising and assisting the Ministry in matters
relating to the employment, or undertaking of work on their own account, of
disabled persons in that district, and in particular of making recommendations
and reports to the Ministry on matters referred to the committee under
this Act. B>(2) The provisions of the Second Schedule to this Act shall have
effect with respect to the said council and committees. >Appointment of
officers and payment of expenses. B| >18. (1) The Ministry, with the approval
of the Ministry of Finance{11}as to numbers and remuneration, may appoint
officers and servants to act for the purposes of this Act, and may, in lieu of
or in addition to appointing persons under this section, arrange with any
government department that officers or servants of that department shall act
for the purposes of this Act. B>(2) There shall be paid to officers and
servants appointed under this section such salaries or remuneration as the
Ministry of Finance{11} may determine, . . . .{12}. B>(3) There shall be
appropriated in aid of the expenses incurred by the Ministry under this Act
such amounts as may be paid to the Government of Northern Ireland out of the
Consolidated Fund of the United Kingdom under sub-section (3) of section
twenty-two of the United Kingdom Act as representing the amount of the
expenses incurred by the Government of Northern Ireland under this Act in
respect of matters as to which, apart from sub-section (2) of the said section
twenty-two, the Parliament of Northern Ireland has not power to make laws.
>Provisions as to offences. A> 19. (1) Proceedings for an offence under
this Act shall not be instituted except by or with the consent of the Ministry
or by an officer authorised in that behalf by special or general directions of
the Ministry. B>(2) Notwithstanding any provision in any enactment prescribing
the period within which summary proceedings may be commenced, proceedings for
an offence under this Act may be commenced at any time within the period of
three months from the date on which evidence, sufficient in the opinion of the
Ministry to justify a prosecution for the offence, comes to its knowledge, or
within the period of twelve months from the date on which the offence was
committed, whichever period last expires, and for the purposes of this
sub-section a certificate purporting to be signed by the secretary or an
assistant secretary of the Ministry as to the date on which such evidence as
aforesaid came to the knowledge of the Ministry shall be conclusive evidence
thereof. B>(3) Where the person convicted of an offence under this Act in
respect of which a fine up to a maximum amount of one hundred pounds may be
imposed under any of the preceding provisions thereof is a body corporate, the
maximum amount of the fine which may be imposed on that body shall be five
hundred pounds in lieu of one hundred pounds. B>(4) Where an offence under
this Act committed by a body corporate is proved to have been committed with
the consent or connivance of, or to have been facilitated by any neglect on
the part of any director, manager, secretary, or other officer of the body
corporate, he as well as the body corporate shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly. B>(5) Proceedings against a person for an offence under this Act
alleged to have been committed outside Northern Ireland may be taken before
the appropriate court in Northern Ireland having jurisdiction in the place
where that person is for the time being. >Regulations and orders. A> 20. (1)
The Ministry may make regulations for prescribing anything which under
this Act is to be prescribed. B>(2) All regulations and orders made by the
Ministry under this Act shall, as soon as may be after they are made, be laid
before each House of Parliament. If either House of Parliament within the
statutory period next after the day on which any such regulation or order has
been laid before such House resolves that the regulation or order shall be
annulled, the regulation or order shall after the date of the resolution
become void, but without prejudice to the validity of anything previously done
thereunder or to the making of a new regulation or order. B>In this
sub-section the expression ""statutory period'' means . <.<. N>> definition in 1954
c.33 (NI) s.42(1) substituted by 1979 NI 12 art.10 B >(3) An order made under
this Act may be varied or revoked by a subsequent order. 6 Application,
commencement, etc. >Application as respects place of employment, and
nationality. A> 21. (1) In the provisions of this Act relating to the duty of
employers to give employment to persons registered as handicapped by
disablement or to employments of classes designated under section twelve of
this Act, references to employment shall be construed, subject to the
provisions of the next succeeding sub-section, as references to employment in
Northern Ireland. B>(2) In the said provisions of this Act references to
employment shall includes references to employment in the capacity of master
or of a member of the crew of a British ship (other than a ship employed
exclusively outside Northern Ireland) if the owner or managing owner or person
having the management of the ship is resident or has his principal place of
business in Northern Ireland: B>Provided that sub-section (2) of section nine
of this Act and sub-section (2) of section twelve thereof shall, in relation
to the taking into employment of a person in any such capacity as aforesaid or
the taking up by a person employed in any such capacity as aforesaid of an
employment of a class designated under section twelve of this Act, have effect
only if the engagement under which he is taken into employment is entered
into, or if his employment in the employment of that class begins, in Northern
Ireland. B>(3) This Act shall, subject as may be prescribed, apply to persons
who are not British subjects in the same manner as it applies to persons who
are British subjects. >Application of Act to disabled persons registered under
United Kingdom Act. A> 22. For the purposes of the matters dealt with in
sections nine to fifteen of this Act or any of those matters, registration in
the register of disabled persons maintained under the United Kingdom Act shall
be treated as having the same effect as registration in the register of
disabled persons maintained under this Act: B>Provided that the provision made
by this section shall not have effect during any period occurring after the
passing of this Act in which registration in the register of disabled persons
maintained under this Act is not treated, pursuant to sub-section (4) of
section twenty-two of the United Kingdom Act, as having, for the purposes of
the matters dealt with in sections nine to fifteen of the United Kingdom Act
or any of those matters, the same effect as registration under that Act.
>Short title. ] d with the Medical Branch or the Dental Branch of the Royal
Air Force with relative rank as an officer.
11. Member of the Voluntary Aid Detachments employed under the Admiralty, Army
Council or Air Council.
1.(1) The central advisory council and each district advisory committee shall
consist of members appointed by the Ministry, being
(a)one person appointed by the Ministry as being an independent person to act
as chairman; and
(b)such number of other persons as the Ministry may determine in the case of
the said council, or of that committee, as the case may be, including an equal
number of persons appointed by it, after consultation with such organisations
representing employers and workers respectively, or both employers and
workers, as the Ministry thinks fit, to represent employers and workers
respectively.
(2) In the absence of the chairman of the said council or of any of the said
committees his functions may be performed by a member of the council or
committee authorised in that behalf by the Ministry.
2. Each district committee shall establish one or more panels consisting of
such persons, whether or not including persons not members of the committee,
and constituted in such manner, as the committee may with the approval of the
Ministry determine, and may delegate to a panel so established the duty of
making recommendations to the Ministry either as respects any particular
matter referred to the committee by the Ministry under this Act or as respects
any class of matters to be so referred:
Provided that this paragraph shall not be construed as authorising the
delegation by a committee to a panel of the duty to make a report to the
Ministry for the purposes of sub-section (7) of section nine of this Act.
3. The Ministry may nominate a duly qualified medical practitioner for the
purposes of any reference or references under this Act to a district
committee, and a person so nominated shall act as a member of a panel charged
under the last preceding paragraph with the duty of making recommendations on
a reference for the purposes of which he is nominated.
4. There shall be paid by the Ministry out of moneys provided by Parliament to
the members of the said council, of each of the said committees and of any
panel established as aforesaid, and to any person requested by the said
council or any of the said committees or such a panel to attend before them
and so attending, such travelling and other allowances, including compensation
for loss of remunerative time, and such other expenses of the said council, of
any of the said committees or of any panel established as aforesaid, as the
Ministry with the approval of the Ministry of Finance may determine.
5.(1) The Ministry may by regulations make any such provision as appears to it
to be expedient with respect to the procedure of the said council, of any of
the said committees or of any panel established as aforesaid.
(2) Subject to any provision made under the preceding sub-paragraph, the said
council and each of the said committees shall have power respectively to
regulate their own procedure, and, subject as aforesaid and to any direction
given by the committee by which it is established, a panel established as
aforesaid shall have power to regulate the procedure of the panel.
(3) References in this paragraph to the procedure of the said council, of a
committee or of a panel, include references to the quorum of that body.
© 1945 Crown Copyright
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