Page images
PDF
EPUB
[blocks in formation]
[ocr errors]

I hereby certify that the several payments of benefit above specified, amounting in all to were made by way of advance by the above-named Approved Society in accordance with the provisions of Section 11 (3) of the National Insurance Act, 1911, pending the settlement of the said claim by the said insured person for compensation or damages.

Signature

Designation of Officer

signing Statement

Name of Approved Society

Name of Branch_

Address

Date

TENTH SCHEDULE.

Behaviour during Disease.

A member in receipt of sickness or disablement benefit-
(a) shall obey the instructions of the doctor attending him;
(b) shall not be absent from home between the hours of(1)

and shall not be absent at any time without leaving word
where he may be found, provided that the(2)

may, if they think fit, exempt the member from the operation of this Rule upon such conditions as they may impose;

(c) shall not leave the(3)

the consent of(4)

;

where he resides without

(d) shall not be guilty of conduct which is likely to retard his

(3)

recovery;

(1) Insert such hours of the evening and morning as may be desired. Different hours should be inserted for summer and winter.

(2) Insert the desired authority, e.g., Committee of Management.

(3) Insert the place, town, or other desired area.

(Insert the desired authority.

(5) Add any further instructions desired by the Society.

ELEVENTH SCHEDULE.

PROVISIONS OF THE FRIENDLY SOCIETIES ACT, 1896, AS ADAPTED AND

MODIFIED.

Section 35. (1) In the following cases, namely—
(a) upon the death or bankruptcy of any officer of a Society or branch
having in his possession by virtue of his office any money or
property belonging to the Society or branch; or

(b) if any execution, attachment, or other process is issued or action
or diligence raised against any such officer or against his
property,
his heirs, executors, or administrators, or trustee in bankruptcy, or the
sheriff or other person executing the process, or the party using the action
or diligence respectively shall, upon demand in writing of the trustees
of the Society or branch or of any two of them, or of any person autho-
rised by the Society or branch or by the committee thereof to make the
demand, pay the money, and deliver over the property to the trustees
of the Society or branch in preference to any other debt or claim against
the estate of the officer.

(2) In this section the expression "bankruptcy " shall include liquidation of a debtor's affairs by arrangement in England and Wales and a petition for arrangement in England and Wales and a petition for arrangement with creditors in Ireland; and the expression "trustee in bankruptcy "shall include a judicial factor in Scotland, and an assignee in Ireland.

Priority on death, bankruptcy, etc.,

of officer.

Section 55. (1) Every officer of a Society or branch having receipt or Accounts of charge of money shall, at such times as by the rules of the Society or officers. branch, or by Regulations made under the National Insurance Acts, he should render account, or upon demand made, or notice in writing given or left at his last or usual place of residence, give in his account as may be required by the Society or branch, or by the trustees or committee thereof, to be examined and allowed or disallowed by them, and shall, on the like demand or notice, pay over all sums of money and deliver all property in his hands or custody to such person as the Society or branch, or the committee or the trustees appoint.

(2) In case of any neglect or refusal to deliver the account, or to pay over the sums of money or to deliver the property in manner aforesaid, the trustees or authorised officers of the Society or branch may, without prejudice to the right to sue upon any bond or security given to the Society or branch in respect of the accounts and intromissions of the officer concerned, apply to the county court or to a court of summary jurisdiction, and the order of either such court shall be final and conclusive.

Section 84. It shall be an offence under this Act if—
(a) a Society or branch or an officer thereof fails to give any notice,
send any return or document, do or allow to be done any thing
which the Society, branch, or officer is by the National Insur-
ance Acts required to give, send, do or allow to be done; or
(b) a Society or branch or an officer thereof wilfully neglects or refuses
to do any act or to furnish any information required for the
purposes of the National Insurance Acts by the National Health
Insurance Joint Committee or by the Commissioners or by the
auditor appointed by the Treasury to audit the books and
accounts of the Society or branch or does anything forbidden
by those Acts; or

(c) a society or branch or an officer thereof makes a return or
wilfully furnishes information in any respect false or insuffi-
cient; or

(d) an officer of a body which, having been a branch of a Society, has wholly seceded or been expelled from that Society, thereafter uses the name of that Society or any name implying that the body is a branch of that Society or the number by which that body was designated as such branch;

Offences.

Offences by societies to be also offences

by officers, etc.

Continuing offences.

Punishment of fraud, false

declarations

and mis

(f)

(g)

Section 85. Where a Society or branch is guilty of an offence under this Act every officer of the Society or branch bound by the rules thereof to fulfil any duty whereof the offence is a breach, or if there is no such officer, then every member of the committee, unless that member is proved to have been ignorant of or to have attempted to prevent the commission of the offence, shall be liable to the same penalty as if he had committed the offence.

Section 86. Every default under this Act constituting an offence if continued shall constitute a new offence in every week during which the default continues.

Section 87. (1)

(2) If any person acting or purporting to act on behalf of a Society or appropriation. branch, knowingly makes a false or fraudulent statement in any declaration required by the National Insurance Acts, he shall be guilty of a misdemeanor.

Fine for falsification.

(3) If any person obtains possession by false representation or imposition of any property of a Society or branch, or withholds or misapplies any such property in his possession, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the Society or branch and authorised by the National Insurance Acts, he shall, on such complaint as is in this section mentioned, be liable on summary conviction to a fine not exceeding twenty pounds, and costs, and to be ordered to deliver up all such property, or to repay all sums of money applied improperly, and in default of such delivery or repayment, or of the payment of such fine and costs as aforesaid, to be imprisoned, with or without hard labour, for any time not exceeding three months.

and

Provided that where on such a complaint against a person of withholding or misapplying property, or applying it for unauthorised purposes, it is not proved that that person acted with any fraudulent intent, he may be ordered to deliver up all such property or to repay any sum of money applied improperly, with costs, but shall not be liable to conviction,. any such order shall be enforceable as an order for the payment of a civil debt recoverable summarily before a court of summary jurisdiction and Provided also that proceedings for any offence under this sub-section may be brought within two years from the date of the commission of the alleged offence.

(4) Complaint under this section may be made

(a) in the case of a Society by the Society or any officer or member authorised by the Society, or the trustees or committee of the Society; or

(b) in the case of a branch, by—

(i) the branch or any officer or member authorised by the branch or the trustees or committee thereof; or

(ii) the central body of the Society of which the branch forms part;

or

(iii) any officer or member of the Society or branch authorised by the central body; or

(c) in any case, by the Commissioners or by any person authorised by the Commissioners.

(5) Nothing in this Act shall prevent any such person from being proceeded against by way of indictment, if not previously convicted of the same offence under the provisions of this Act.

Section 88. If any person wilfully makes, orders, or allows to be made, any entry or erasure in, or omission from a balance sheet of a Society or branch, or a return, book of account or other book or document required to be sent, produced, or delivered for the purposes of the National Insurance Acts, with intent to falsify the same or to evade any of the provisions of the National Insurance Acts, he shall be liable to a fine not exceeding fifty pounds.

Section 89. A Society or branch, and an officer of a Society or branch, Fine for ordinary or other person guilty of an offence under this Act for which a fine is not offences. expressly provided, shall be liable to a fine of not more than five pounds.

Section 91. (1) A fine imposed by this Act shall be recoverable in a court Recovery of of summary jurisdiction.

(2) Any such fine shall be recoverable at the suit of the Commissioners or of any person aggrieved.

(3)

fines.

of court of

Section 92. In England, Ireland and Wales all offences and fines under Jurisdiction this Act may be prosecuted and recovered in the manner directed by the Summary Jurisdiction Acts either

(a) at the place where the offence was committed; or

(b) as respects a prosecution against a Society or branch or an officer thereof, at the place where the principal office of the Society or branch is situated; or

(c) as respects a prosecution against a person other than a Society or branch or an officer thereof, at the place where the person is resident at the time of the institution of the prosecution.

summary jurisdiction.

Section 93. (1) In England, Ireland or Wales any person may appeal Appeals. to quarter sessions from any order or conviction made by a court of summary jurisdiction under this Act.

(2) In Scotland any person may appeal from any order or conviction under this Act in accordance with the provisions of the Summary Jurisdiction (Scotland) Acts.

Section 94. (1) The trustees of a Society or branch, or any other officers Legal authorised by the rules thereof, may bring or defend, or cause to be brought Proceedings. or defended, any action or other legal proceeding in any court whatsoever, touching or concerning any property, right, or claim of the Society or branch, and may sue and be sued in their proper names, without other description than the title of their office.

(2)

(3) A legal proceeding shall not abate or be discontinued by the death, resignation, or removal from office of any officer, or by any act of any such officer after the commencement of the proceedings.

(4) The summons, writ, process, or other proceeding, to be issued to or against the officer or other person sued on behalf of a Society or branch, shall be sufficiently served by personally serving that officer or other person, or by leaving a true copy thereof at the principal office of the Society or branch, or at any place of business of the Society or branch within the jurisdiction of the court in which the proceeding is brought or if that office or place of business is closed, by posting the copy on the outer door of that office or place of business.

(5) In all cases where the said summons, writ, process, or other proceeding is not served by means of such personal service or by leaving a true copy thereof at the principal office of the Society or branch as aforesaid, a copy thereof shall be sent in a registered letter addressed to the Committee at the registered office of the Society or branch, and posted at least six days before any further step is taken on the proceedings.

(6) Where proceedings are taken against a Society or branch for the recovery of any fine under this Act, the summons or other process shall be sufficiently served by leaving a true copy thereof at the principal office of the Society or branch, or at any place of business of the Society or branch, within the jurisdiction of the court in which the proceeding is brought, or, if that office or place of business is closed, by posting the copy on the outer door of that office or place of business.

(7) Where the person against whom the proceedings are to be taken is himself a trustee of a Society or branch, the proceedings may be brought by the other trustees or trustee of the Society or branch.

(8) In any proceedings under this Act a certificate purporting to be signed by the auditor appointed by the Treasury to audit the books and accounts of a Society or branch under the National Insurance Acts shall be conclusive evidence of the facts certified.

Given under the Seal of Office of the National Health Insurance Joint Committee this 28th day of June, in the year one thousand nine hundred and eighteen.

(L.S.)

E. Hackforth,

Secretary to the National Health Insurance
Joint Committee.

Given under the Seal of Office of the Insurance Commissioners this 28th day of June, in the year one thousand nine hundred and eighteen.

[blocks in formation]

A person authorised by the Insurance Commissioners to act on behalf of their Secretary.

Given under the Seal of Office of the Scottish Insurance Commissioners this 28th day of June, in the year one thousand nine hundred and eighteen.

[blocks in formation]

Assistant Secretary to the Scottish Insurance Commissioners, a person authorised by them to act on behalf of their Secretary.

Given under the Seal of Office of the Irish Insurance Commissioners this 28th day of June, in the year one thousand nine hundred and eighteen.

(L.S.)

John Houlihan,

Secretary to the Irish Insurance Commissioners.

Given under the Seal of Office of the Welsh Insurance Commissioners this 28th day of June, in the year one thousand nine hundred and eighteen.

[blocks in formation]

A person authorised by the Welsh Insurance Commissioners to act on behalf of their Secretary.

We consent to Part IV., Articles 43 to 45 (inclusive) of Part V., and Part VI. of the foregoing Regulations.

James Parker,

J. W. Pratt,

Two of the Lords Commissioners of His Majesty's

Treasury.

« EelmineJätka »