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.

    220/252 (page 210)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) 1894, section 2; 18 Halsbury’s Statutes 163) but there are certain exemptions (specified in section 3 of the Merchant Shipping Act, 1894; 18 Halsbury’s Statutes 163), and it does not, of course, follow that a British ship is registered at a port in Great Britain so as to come within paragraph 2 (2) (b), ante; see section 4 of the Merchant Shipping Act, 1894; 18 Halsbury’s Statutes 164. It is to exempted ships and British ships registered at ports outside Great Britain (other than at Northern Ireland ports) that paragraph 2 (2) (c) applies, provided the conditions referred to in note (0), infra, are satisfied. ; (0) Owner .. . or manager resides or has his principal place of business in Great Britain.—This is not an uncommon case, for the ships, though actually managed and operated from Great Britain, may be registered in ports in the colonies or India. (p) Manager: ship’s husband: managing owner.—See 30 Halsbury’s Laws (2nd Edn.) 201-202. (7) Employment as pilot.—By section 742 of the Merchant Shipping Act, 1894 ; 18 Halsbury’s Statutes 411; ‘“‘ pilot’? means any person not belonging to a ship who has the conduct thereof. At present, paragraph 3 applies only to pilots holding pilotage certificates or deep sea certificates granted pursuant to the provisions of sections 16-29 of the Pilotage Act, 1913; 18 Halsbury’s Statutes 494-502; and to them only so long as they are in employment on board a ship or vessel, but it may be applied in such other cases as may be prescribed by regulations. Paragraph 3 does not require that there shall be a contract of service. (ry) Crew of any lifeboat under control of Royal National Lifeboat Institu- tion.—There was no provision similar to this in the Workmen’s Compensation Act, 1925. For members of a crew of a lifeboat to be in insurable employment the following conditions must be satisfied :— (i) There must be employment as a regular or enrolled member of the crew ; and (ii) The lifeboat must be stationed in Great Britain ; and (iii) The lifeboat must be under the control of the Royal National Lifeboat Institution. ; It will be observed that although there must be “‘ employment ’”’ as a regular or enrolled member of the crew, there is no need for there to be a contract of service: see note (a), ante, and note to section I| of Act, ante, as to what is meant by “‘ employment ’’, (s) Employment in British aircraft.—Paragraph 5 replaces the provisions formerly contained in section 36 of the Workmen’s Compensation Act, 1925; Willis 571; and the Workmen’s Compensation (Aircraft) Order, 1924; S.R. & O. 1924 No. 1499. It corresponds, in relation to pilots, commanders, navigators and members of aircraft crews, and to other persons employed on aircraft, to paragraph 2, ante, which relates to masters and members of crews of ships and vessels. In regard to aircraft belonging to His Majesty, it should be noted that persons in the air force service of the Crown, and in any other prescribed employments under the Crown are in excepted employments ; section 76, proviso, ante. (t) ** Public or local authority ’’.—These terms are not defined by the present Act, nor by the National Health Insurance Act, 1936, paragraph (d) of Part I of Schedule I to which had a similar provision ; 29 Halsbury’s Statutes 1189. The only statutory definition of ‘‘ public authority ” appears to be that in section 12 (2) of the Acquisition of Land (Assessment of Compensation) Act, 1919 ; 2 Halsbury’s Statutes 1183; by which, for the purposes of that Act, “‘ public authority ’’ means any body of persons, not trading for profit, authorised by or under any Act tocarry on a railway, canal, dock, water or other public undertaking. It will be noted that the Crown and Government Departments are not included in the term, but that is because, in this particular Act, Government Departments are specifically mentioned in the operative section of the Act. The cases dealing with what are, and what are not, public authorities arise mostly under the Public Authorities Protection Act, 1893 ; 13 Halsbury’s Statutes 455; (replaced by section 21 of the Limitation Act, 1939 ; 32 Halsbury’s Statutes 235) and are collected in 26 Halsbury’s Laws (2nd Edn.) 290 et seq. It may be observed that it has been held that the Crown is a public authority (The Danube IT, [1921] P. 183, C.A. ; 38 Digest 103, 747) and it could hardly be argued that a Government Department, such as the Post Office, is not a public authority. Accordingly it is a little difficult at first sight to see why, in the Appeal of Roberts, Re Postmaster General, [1939] 4 All E.R. 269 ; Digest Supp. ; (see note (c), ante) the case for the employment being an insurable employment was not based on paragraph (d) of Part I of Schedule I of the National Health Insurance Act, 1936; 29 Halsbury’s Statutes 1189 ; which corresponds to paragraph 6, ante. In this connection, however, it is necessary to look at section 76 of the present Act, ante (there is an equivalent pro- vision in section 185 of the National Health Insurance Act, 1936; 29 Halsbury’s Statutes 1181). This provides that it shall apply to persons employed by or under the Crown to whom it would apply if the employer were a private person, subject, however, to such modifications as may be made therein by Order in Council for the purposes of adapting the provisions of the Act to the case of such persons, but employment in the naval, military or air service of the Crown, and any other employments under the Crown which may be prescribed by regulations, are excepted employments. Thus