said difference as the said maximum weekly payment with (2). . . a person shall not be deemed to be a partial dependant 1923, s. 22. of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position. 3. For the purposes of the provisions of this Schedule relating to 1906, Sch. I "earnings" and "average weekly earnings" of a workman, the following (2). rules shall be observed: (a) average weekly earnings shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated. Provided that where by reason of the shortness of the time during which the workman has been in the employment of his employer or the casual nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the average weekly amount which, during the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district; (b) where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his average weekly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident; (c) employment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause; (d) where the employer has been accustomed to pay to the workman a sum to cover any special expenses entailed on him by the nature of his employment the sum so paid shall not be reckoned as part of the earnings; (e) upon request of an injured workman to the employer such employer shall furnish in writing a list of the earnings 4. In fixing the amount of the weekly payment, regard shall be had to any payment, allowance, or benefit which the workman may receive from the employer during the period of his incapacity. 5. Any weekly payment may be reviewed "Provided that, where the workman was at the date of the accident under twenty-one years of age, and the review takes place more than six months after the accident, and before the workman attains the age of twenty-one years, the amount of the weekly payment may be increased to such an amount as would have been awarded if the workman had at the time of the accident been earning the weekly sum which he would probably have been earning at the date of the review if he had remained uninjured." 1923, s. 24 (4) 1906, Sch. I (3). 1906, Sch. I (16) and 1923, s. 24 (6). 19289 4 A 2 THIRD SCHEDULE. PROCEDURE AND COSTS OF REFERENCES UNDER PARAGRAPH 2. 1. The remuneration of the arbitrator shall be such as the Secretary of State shall approve. 2. The arbitrator shall have power to administer oaths or take the affirmation of the parties and witnesses appearing before him and call for the production of books, accounts, and documents within their possession or power. 3. The parties to the reference and all persons claiming through them respectively and the witnesses on the reference shall submit to be examined by the arbitrator in relation to the matter in dispute and such examination shall, if the arbitrator thinks fit, be on oath or affirmation, and they shall produce before the arbitrator all books, accounts and documents within their possession or power which may be required or called for and do all other things which during the proceedings on the reference the arbitrator may require. 4. The costs of and incidental to any arbitration under this Scheme shall be in the discretion of the arbitrator who may direct to and by whom such costs shall be paid and may settle the amount of the costs to be so paid. 2. Judicial Procedure. THE WORKMEN'S COMPENSATION RULES (No. 1), 1925. Form 37. 1. In these Rules: the existing Rules" means the Consolidated Workmen's Compensation Rules, July, 1913, as amended. (a) 2. In paragraph (3) of Rule 43 of the existing Rules, after the words" by that paragraph ", there shall be inserted the words together (in the case where the workman is an insured person) with a copy thereof for the Approved Society or Committee 3. In Rule 45 of the existing Rules, after the words" if a party interested, with ", there shall be inserted the words " a copy of the separate statement referred to in paragraph (3) of Rule 43 and paragraph (1) of Rule 51 and ". 4. In paragraph (1) of Rule 51 of the existing Rules- (b) after "Form 37" in the margin, there shall be added (a) S.R. & O. 1913, No. 661, p. 401, as amended; for the amendments, see 1913, No. 1400, p. 525; 1914, No. 1120, I, p. 724; 1915, No. 1133. I, p. 391; 1917, No. 497, p. 459; 1918, No. 246, I, p. 521; 1920. No. 394, I, p. 1140; 1921, No. 1745, p. 541; 1923, No. 1522, p. 498; and 1924, Nos. 167 and 809, pp. 652, 656. 5. The following Rule shall be inserted in the existing Rules after Rule 64A and shall stand as Rule 64в : 66 64B. Where money is in Court being compensation for the benefit of a dependant or dependants of a deceased workman, the Registrar may in the absence of the Judge at any time or times, and on application in that behalf by any person claiming to be a dependant and on being satisfied that such person is a dependant, direct that so much of the compensation as he considers to be reasonably necessary for the immediate or pressing needs of such dependant or of any other dependants who are being maintained by such dependant shall be paid out to such dependant.” 6. At the end of paragraph (2) of Rule 88 of the existing Rules there shall be inserted the following paragraph, which shall stand as paragraph (3) : 46 (3) In the case of accidents to workmen employed as pilots, commanders, navigators or members of the crew of an aircraft when outside Great Britain entitled to or claiming compensation under the Workmen's Compensation (Aircraft) Order, 1924, (a) any such matter as in paragraph (1) of this Rule mentioned may, without prejudice to the preceding provisions of this Rule, be done in the County Court, or by, to or before the Judge or Registrar of the County Court, of the district in which the workman or the dependants of the workmau by whom or on whose behalf the matter is to be done, or some or one of them, resides or reside." 7. Paragraphs (3) (4) and (5) of Rule 88 of the existing Rules shall be renumbered and shall stand as paragraphs (4) (5) and (6) respectively. 8. In Part A of Form 37 in the Appendix to the existing Rules, paragraph (f) shall be annulled, and the following paragraph shall be substituted therefor : 66 (f) The said.............. .is (or is not) an insured person within the meaning of the National Health Insurance Act, 1924. (b) [add, if he is an insured person : Name of his Approved Society (and of Branch if any) Address of Head Office of Society. His Membership Number therein... Or, if he is not a member of an Approved Society: Name of the Insurance Committee for the area in which he resides.............. Address of Insurance Committee. His Membership Number in the Deposit Contributors ..] (a) S.R. & O. 1924, No. 1499, p. 645. (b) 14-5 G. 5. c. 38. 9. These Rules may be cited as the Workmen's Compensation Rules (No. 1), 1925, and the existing Rules shall have effect as further amended by these Rules. We hereby submit these Rules to the Lord Chancellor. Edward Bray. T. C. Granger. I allow these Rules, which shall come into force on the 1st day of April, 1925. Dated the 27th day of March, 1925. (1) Air Council Ships, p. 1076. (2) Falkland Islands Govern ment Ships, p. 1082. (1) Air Council Ships. THE AIR COUNCIL SHIPS (APPLICATION OF ENACTMENTS) ORDEL, 1925. 1925, No. 510. At the Court at Buckingham Palace, the 26th day of May, 1925. PRESENT, The King's Most Excellent Majesty in Council. Whereas by Section 80 of the Merchant Shipping Act, 1906, (8, power is given to His Majesty by Order in Council to make regulations as to the manner in which Government ships may registered as British ships under the Merchant Shipping Acts: (a) 6 E. 7. c. 48. be And whereas by the said Section it is provided that those Acts -hall, subject to any exceptions or modifications which may be made by Order in Council, either generally or as respects any special class of such ships, apply to such ships when registered in accordance with such Regulations : And whereas the Air Council will, by such Regulations as they shall from time to time deem fit to make, having regard to the interests of seamen in Government ships in the service of the Air Council, and of the Public Service, provide for the payment of seamen's wages, advance and allotment of wages, and remittance of seamen's wages by money orders: And whereas the provisions of Section one of the Rules Publication Act, 1893, (a) have been complied with : Now, therefore, His Majesty, by virtue of the powers in this behalf by the said Act, or otherwise in Him vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the following Regulations shall have effect as regards any Government ships in the service of the Air Council: 1. An application for registry of a Government ship in the service of the Air Council shall be made in writing under the hand of the Secretary or a Principal Assistant Secretary of the Air Ministry. Such application shall contain the following particulars : (i) A statement of the name and description of the ship; was built; or, if the ship was foreign built and the (iii) A statement of the nature of the title to the said ship, whether by original construction by or for the Air Council, or by purchase, capture, condemnation, or otherwise, and a list of the documents of title, if any, in case she was not originally constructed by or for the Air Council; (iv) A statement of the name of the Master. 2. The Registrar, on receiving such application in respect of a Government ship in the service of the Air Council, shall- (i) enter the ship in the Register Book as belonging to "His Majesty, represented by the Air Council," and shall also enter therein (ii) the name of the port to which she belongs: (iii) the particulars stated in the application for registration: (iv) the details comprised in the Surveyor's Certificate. (a) 56-7 V. c. 66. |