The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter.

  • United Kingdom
Date:
1946
Catalogue details

Licence: Public Domain Mark

Credit: The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter. Source: Wellcome Collection.

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    ACT, 1946. SECTION 63 with he is then charged ; or (ii) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution ; or (ili) he has given evidence against any other person charged with the same offence. (Jbdid., seetion 1 (f) ; 8 Halsbury’s Statutes 249.) An example under (i) is a charge of being an habitual criminal. A defence under (ii) is commonly called “putting his character in issue’’. As to section 1 (e) and (f) generally, and as to the meaning of “ charged ’’ in section 1 (f), see Stivland v. Director of Public Prosecutions, [1944] A.C. 315; [1944] 2 All E.R. 13, H.L. (v) Inspector’s certificate.—The form of the certificate will presumably be prescribed by regulations. Cf. the Unemployment Insurance (Inspectors) Regu- lations, 1936 (S.R. & O. 1936 No. 770), made under section 65 of the Unemployment Insurance Act, 1935 ; 28 Halsbury’s Statutes 537. (w) Premises and places liable to inspection.—Most of the matters contained in this subsection are dealt with in the earlier notes to this section. See, especially, notes (e), (g) and (2), supra. See also, as to “‘ reasonable grounds ”’, note (k) to section 32, ante. ‘‘ Private dwelling house ”’ is used in section 343°(1) of the Public Health Act, 1936; 29 Halsbury’s Statutes 536; but is not defined. It was held in McNair v. Baker, [1904] 1 K.B. 208; 36 Digest 181, 267; not to include a club, even though members lived there for periods. ‘‘ Dwelling house ’”’ has been much considered under the Rent Restrictions Acts. The Acts apply “ to a house or a part of a house let asa separate dwelling’”’ (section 12 (2) of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920; 10 Halsbury’s Statutes 343). It may therefore consist of a flat or even a single room. It seems that the same tests would be applied under this Act. ‘“‘ Dwelling house ”’ is also defined, for the purposes of Part IV of the Housing Act, 1936, by section 68 of that Act; 29 Halsbury’s Statutes 615; as “‘ any premises used as a separate dwelling by members of the working classes or of a type suitable for such use’”’. The dwelling house is not protected from entry if it is used by or by the permission of the occupier (as to whom, see note (2), supra) for the purposes of a trade or business. The trade or business may ‘be that of an employer for whom the person using the house works (as to employer’s trade or business, see note (d) to section 8, note (c) to section 10, ante, and section 88 (6), post), or that of the person using the house. Examples are a watchmaker who works in his own house, a tailor, a dressmaker, a teacher of music or drawing. A public house is not protected from entry, but the private dwelling house above it of the licensee or manager would be protected. As to “ contracting ’’ or “‘ receiving ’’ a disease or injury, see note (2) to section 55 (4), ante. (xv) Arrangements with other Government departments.—Similar pro- visions appeared in other Acts, for example in section 66 of the Unemployment Insurance Act, 1935; 28 Halsbury’s Statutes 538; and now in section 49 (8) of the National Insurance Act, 1946. 63. Proof of age, marriage and death.—(1) Where the age, marriage or death ot a person is required to be ascertained or proved for the purposes of this Act (a), any person (0) shall,— (a) on presenting to the custodian of the register under the enactments relating to the registration of births, marriages and deaths where- in particulars of the birth, marriage or death, as the case may be, of the first-mentioned person are entered (c) a duly completed requisition in writing in that behalf (d) ; and (b) on payment of a fee, in the case of a birth certificate, of sixpence, and, in the case of a marriage or death certificate, of one shilling ; be entitled to obtain a copy, certified under the hand of the custodian, of the entry of those particulars (e). (2) Requisitions for the purposes of the last foregoing sceicn shall be in such form and contain such particulars as may from time to time be specified by the Registrar General, and suitable forms thereof shall, on request, be supplied without charge by every superintendent registrar and registrar (f). (3) In this section the expression “‘ Registrar General” means the Registrar General of births, deaths and marriages, and the expressions ‘ superintendent registrar ”’ and ‘ ‘registrar ’’ mean, respectively, a superin- tendent registrar and registrar for the purposes of the enactments relating to the registration of births, deaths and marriages (g). NOTES General effect of section.—This section provides the method of ascertaining and proving age, marriage or death for the purposes of this Act. Certified copies of entries