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.

    61/252 (page 51)
    ACT, 1946. SECTION 3 := regulations may be made providing that, as respects any period during which no services are rendered, payments received in prescribed circumstances are or are not to be deemed remuneration paid in respect of that period, or of any week falling wholly or partly within that period. As to “insurable employment ”’, see section 1, ante, and the First Schedule, post. (¢) Incapable of work.—These are the same words as those used in the proviso to section 24 (1) of the National Health Insurance Act, 1936; 29 Halsbury’s Statutes 1083 ; and are not to be taken too literally. If in fact a person stays away from his work because he has a cold or is otherwise unwell he is treated as being incapable of work. In the National Health Insurance Act, 1936, section 226 (1) thereof; 29 Halsbury’s Statutes 1184 ; defined “ disease or disablement ’’ as such disease or disable- ment as would entitle an insured person to sickness or disablement benefit. There is no equivalent definition in the present Act. It will be observed that, in the case of incapacity for work due to disease or disablement, or where a day is a “ day off” ina normal week, no contribution is payable even though the insured person’s wages are paid, provided no services at all are rendered during the week in question. Cf. sections “14 and 15, post. (k) Regulations may provide.—No such regulations have been made at the time of going to press. As to this provision see notes (a) and (h), supra. (2) Prescribed.—This, by section 88 (1), post, means prescribed by regulations. This Part of the Act deals with contributions. (m) Fails to pay any contribution.—The duty to make the payments is im- posed, in the first instance, on the employer (see section 3 (1),+ante). The present subsection makes it an offence for him to fail to pay the contribution. Under a similar provision in the National Health Insurance Act, 1936, viz., section 170 (2) (a); 29 Halsbury’s Statutes 1172 ; and the Acts which it replaced it has been held that although the employer may quite properly delegate his duties, he does so at his own risk, and will be liable to a fine if the person to whom the duties are so delegated fails to discharge them ; Godman v. Crofton (1913), 110 L.T. 387; 44 Digest 1310, 750. The question of mens rea in regard to the offence created by this subsection does not appear to arise. (x) On summary conviction.—By section 68 (1), post, proceedings cannot be instituted except by or with the consent of the Minister, or by an inspector or other officer authorised in that behalf by special or general directions of the Minister. Pro- ceedings may be instituted within three months from the date on which evidence, sufficient in the Minister’s opinion to justify prosecution, comes to his knowledge, or within twelve months after the commission of the offence, whichever period last expires ; section 68 (3). By section 36 (1) of the Act, post, any question, inter alia, whether a person is employed in insurable employment and who is liable for payment of contributions as the employer, is to be determined by the Minister, and his decision is final except that if any question of law arises in connection with such ee the Minister may refer it for decision to the High Court, and any person aggrieved by the Minister’s decision in cases where he does not so refer a point of law to the High Court may appeal in respect thereof to the High Court ; section 37 (1). In any proceedings for an offence in respect of the non-payment of contributions the decision of the Minister on the matters referred to above is conclusive, unless an appeal from his decision on a point of law is pending, or the time for so appealing has not expired (section 72 (1), post) in which latter cases the court of summary jurisdiction must adjourn the proceedings until such time as a final decision on the question has been obtained ; section 72 (4), post. The justices have no jurisdiction at all to determine whether a person is employed in insurable employment, or any other matter which is by section 36 reserved, subject to a reference or appeal to the High Court on a point of law, for final decision by the Minister, and if in any proceedings where any such point is taken the decision of the Minister has not been obtained, and it is necessary for the determination of such pro- ceedings, the question must be referred to the Minister for determination, as required by section 72 (3), post, and the proceedings be adjourned in the meantime ; see Wood v. Burke (1927), 43 T.L.R. 582 ; 44 Digest 1308, 736 ; a case under the similar provisions of section 22 (7) of the Unemployment Insurance Act, 1920; 20 Halsbury’s Statutes 675 ; and section 97 (4) of the National Health Insurance Act, 1924; 20 Halsbury’s Statutes 554. It should be noted that R. v. Wilberforce, Ex parte National In- surance Commissioners, [1916] 1 K.B. 239; 44 Digest 1314, 773, which decided that under the National Health Insurance Act, 1911 the jurisdiction of the justices. was not ousted by a provision that the Insurance Commissioners should decide certain questions, has no application to the provisions of the present Act in view of the specific require- ments of section 72 thereof. It should be noted that if an application is made to justices for the issue of a summons against an employer for failure to pay contributions such issue ought not to be refused on the ground that the insured person is the primary delinquent, and that a summons ought to be issued against him as well as the employer; R. v. Mead, Ex parte National Health Insurance Commissioners (1916), 85 L.J.K.B. 1065; 44 Digest 1314, 775. When the conviction is against a body corporate, and it is proved that the offence