S.I. No. 512/1941 - Workmen's Compensation Act, 1934 (Confirmation of Provisional Arrangement) Order, 1941.

1. This Order may be cited as the

Workmen's Compensation Act, 1934

, (Confirmation of Provisional Arrangement) Order, 1941.

2. The law concerning the payment of workmen's compensation in Great Britain is contained in the Workmen's Compensation Act, 1925, and the Workmen's Compensation Transfer of Funds Act, 1927, and in Northern Ireland in the Workmen's Compensation Act (Northern Ireland), 1927. Both laws provide for the transfer of sums paid as compensation in the circumstances described in sub-paragraph (c) of paragraph 6 of the memorandum enclosed in the despatch from the Government of Éire, No. 105, of the 16th September, 1937, subject inGreat Britain to the modifications contained in Section 16 of the Workmen's Compensation Act, 1925, and Rule 66 of the Workmen's Compensation Rules and in Northern Ireland to the modifications contained in Section 16 of the Workmen's Compensation Act (Northern Ireland), 1927, and Rule 66 of the Northern Ireland Rules of Court. Both laws provide for the transfer of monies in the circumstances described in sub-paragraph (d) of paragraph 6 of the memorandum prepared by the authorities in Éire (Rule 91b of the Workmen's Compensation Rules of Great Britain and Section 38 of the Workmen's Compensation Act (Northern Ireland, 1927) and neither case is legislative action necessary to give effect to these agreements ; effect is given by Rule.

3. His Majesty's Government in the United Kingdom are prepared to enter into a provisional reciprocal arrangement with the Government of Éire on the lines suggested in your letter under acknowledgment, and they agree to regard this exchange of letters as constituting a formal agreement. The provisions of the arrangement as now agreed are set out in the following paragraphs.

4. The scope of the arrangement will be limited to the transfer of money where it represents compensation paid into Court by the employer in the form of a lamp sum, and will exclude cases where compensation is paid by the employer in the form of weekly payments.

5. The competent Court in Éire may make Orders for the transfer of money to the United Kingdom of Great Britain and Northern Ireland where the beneficiary is believed to be resident or about to reside there to be administered for the benefit of the beneficiary in such a manner as the appropriate Court in the United Kingdom of Great Britain and Northern Ireland may think fit, and may in the Order make any request regarding the administration of the money.

6. Where such an Order is made—

(i) if the beneficiary is resident in England or Wales, the proper officer of the Court making the Order will send in an envelope addressed to the Superintendent, County Courts Branch, Lord Chancellor's Department, House of Lords, London, a sealed or otherwise authenticated copy of the Order and a crossed cheque made payable to His Majesty's Paymaster-General, The Treasury, Whitehall, London, S.W.1.

(ii) if the beneficiary is resident in Scotland, the certified copy of the Order will similarly be sent and the cheque made payable to the King's and Lord Treasurer's Remembrancer, Exchequer, Edinburgh.

(iii) if the beneficiary is resident in Northern Ireland, the certified copy of the Order will be sent and the cheque made payable to the Accountant, Ministry of Home Affairs for Northern Ireland, Belfast.

7. The proper officers in Great Britain and Northern Ireland will select the appropriate Court having regard to the residence of the beneficiary, and will send the Order and the money to the Court selected.

8. The appropriate Court in the United Kingdom of Great Britain and Northern Ireland will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible, take into account and act upon any request made by the Transmitting Court regarding the administration of the money.

9. The competent Courts in the United Kingdom of Great Britain and Northern Ireland may make Orders for the transfer of money to Eire where the beneficiary is believed to be resident or about to reside in Éire, to be administered for the benefit of the beneficiary in such manner as the appropriate Court in Éire may think fit, and may in the Order make any request regarding the administration of the money.

10. Where such an Order is made, the proper officer of the Court making the Order will send in an envelope addressed to the Secretary, Department of Justice, Upper Merrion Street, Dublin, a sealed or otherwise authenticated copy of the Order and a crossed cheque made payable to the Accountant, Department of Justice, Dublin.

11. The proper officers in Éire will select the appropriate Court having regard to the residence of the beneficiary, and will send the Order and the money to the Court selected.

12. The appropriate Court in Éire will be under an obligation to receive and administer the money for the benefit of the beneficiary, and will, so far as possible consistently with that object, take into account and act upon any request made by the Transmitting Court regarding the administration of the money.

13. The Court by which the money is administered whether in the United Kingdom or in Éire will not charge any Court fees in respect of the administration of the money.

14. The Courts competent to act under this arrangement are as follows :—

The County Courts in England and Wales (now 432 in number).

The Sheriff Courts in Scotland (now 32 in number).

The County Courts and the Recorders' Courts in Northern Ireland (now 8 in number).

The Circuit Court in Éire (now comprising 9 circuits).

I have the honour to be, Sir,

Your most obedient humble servant,

(Signed) CRANBORNE,

Secretary of State for Dominion Affairs.

GIVEN under the Official Seal of the Government, this 10th day of September, 1941.

(Signed) ÉAMON DE VALÉRA,

Taoiseach.

STATUTORY RULES AND ORDERS. 1941. No. 512.

WORKMEN'S COMPENSATION ACT, 1934 (CONFIRMATION OF PROVISIONAL ARRANGEMENT) ORDER, 1941.

WHEREAS it is enacted by

section 71

of the

Workmen's Compensation Act, 1934

(No. 9 of 1934), as adapted in consequence of the enactment of the Constitution, that, where under any law from time to time in force in any other State compensation is payable in respect of injuries to workmen, it shall be lawful for the Government to enter into a provisional arrangement with the Government of such other State whereby sums awarded in such other State under such law to persons resident or becoming resident in Ireland may be transferred to and administered by the judge of the Circuit Court appointed by rules of court and sums awarded in Ireland as compensation under that Act to persons resident or becoming resident in such other State may be transferred to and administered by a competent authority in such other State, and that, whenever any such provisional arrangement is entered into, it shall be lawful for the Government by order to give statutory effect to such provisional arrangement

AND WHEREAS under the law now in force in the United Kingdom of Great Britain and Northern Ireland compensation is payable in respect of injuries to workmen

AND WHEREAS the Government and the Government of the said United Kingdom have, by the letters of which copies are set out in the Schedule hereto, entered into such provisional arrangement as is authorised by the said

section 71

of the

Workmen's Compensation Act, 1934

NOW, the Government, in exercise of the powers conferred on them by

Section 71

of the

Workmen's Compensation Act, 1934

(No. 9 of 1934), as adapted in consequence of the enactment of the Constitution, and of every and any other power them in this behalf enabling, do hereby order as follows :—