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.

    180/252 (page 170)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) (y) Recovery of sums by civil proceedings.—This is empowered by section 70, post. ‘‘ The Minister ’’ means the Minister of National Insurance (section 88 (1), post). As to the Industrial Injuries Fund, see section 58, ante. 68. General provisions as to prosecutions under Act.—(1) Pro- ceedings for an offence under this Act (a) shall not be instituted (b) except by or with the consent of the Minister (c) or by an inspector or other officer authorised in that behalf by special or general directions of the Minister (d). | (2) Any such inspector or cther’officer may, although not of counsel or a solicitor, prosecute or conduct before a court of summary jurisdiction any such proceedings as aforesaid (e). (3) Notwithstanding any provision in any Act prescribing the period within which summary proceedings may be commenced (f/f), 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 Minister to justify a prosecution for the offence (g), comes to his knowledge (4), or within the period of twelve months after the commission of the offence (?), whichever period last expires. (4) For the purposes of the last foregoing subsection, a certificate pur- porting to be signed by or on behalf of the Minister as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof (2). (5) .In any proceedings for an offence under this Act, the wife or husband of the accused shall be competent to give evidence, whether for or against the accused : ; Provided that the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him during the marriage by the accused (l). NOTES General effect of section.—This section makes general provision for the conduct of prosecutions under this Act. It provides that proceedings shall not be instituted except with the Minister’s consent or by an authorised officer of the Minister. These officers ate given the right of audience. Proceedings must be commenced within three months of evidence justifying a prosecution coming to the Minister’s knowledge or within twelve months after the offence, whichever is the later. The Minister is given a power of certifying for this purpose. Wives and husbands of persons charged are made competent, but not compellable, witnesses for prosecution or defence. The section is closely modelled (with one amendment to avoid repeating a solecism) on sections 87 and 89 of the Unemployment Insurance Act, 1935; 28 Halsbury’s Statutes 553, 554; and on sections 171 and 175 of the National Health Insurance Act, 1936; 29 Halsbury’s Statutes 1173, 1175. See also, section 18 of the Family Allowances Act, 1945; 32 Statutes Supp. 86. See now section 53 of the National Insurance Act, 1946, which is exactly the same as this section. In the application of this section to Scotland it has effect as if subsections (1) and (2) were omitted and certain modifications were made in subsection (3). See note (g), infra, and section 90 (f), post. The Government were urged in Committee to add provisions enabling an employer who is prosecuted to transfer the lability to an employee if the latter is proved to be guilty. Cf. section 16 (2) of the Wages Councils Act, 1945; 30 Statutes Supp. 52; but this was not done. In the House of Lords subsection (5) was re-drafted so as to conform clearly to the existing law of evidence and to section 53 (5) of the National Insurance Act, supra. (a) Offence under this Act.—Offences under this Act are created by sections 3, 4, 62-and 67, ante. (b) Instituted.—Proceed ings are instituted when an information or complaint is laid or made on which a summons or warrant is granted (Brooks v. Bagshaw, [1904] 2 K.B. 798; 14 Digest 155, 7293). See, generally, Stone’s Justices’ Manual (78th Edn., 1946) 179 e¢ seq., and 21 Halsbury’s Laws (2nd Edn.) 594 ef seq. (c) By or with the consent of the Minister.—This means the Minister of National Insurance (section 88 (1), post). it is desirable, if the prosecution is not instituted by an “ inspector or other officer ’’, to have a written consent of the Minister, for one of the things requiring proof is the consent, and, if challenged by the defendant, oral evidence of consent may turn out to be inadequate. This subsection does not apply to Scotland (section 90 (f), post). d (d@) Inspector or other officer authorised by the Minister.—<As to inspectors, see section 62, ante. ‘‘ Other officer’? presumably includes insurance officers (see .