1913. s. 42. be required, and shall have power to acquire, purchase, or take on lease any land; and the provisions of section five of the Local Government (Scotland) Act, 1908, shall apply accordingly as if the principal Act and 8 Edw. 7, this Act were specified therein. (2) Expenses of a district committee defrayed out of the public health general assessment within the district in pursuance of an agreement under the principal Act or this Act, or in the exercise of any power of dealing with tuberculosis or such other disease as aforesaid as an infectious disease, shall not be reckoned in any calculation as to the statutory limit of that assessment. c. 62. (3) A county council in Scotland that has been authorised by the Board to provide an institution in terms of section sixty-four, subsection (2), of the principal Act shall have the same powers of providing treatment for all persons suffering from tuberculosis or such other disease as aforesaid as are possessed by local authorities under the Public Health (Scotland) 60 & 61 Vict., Act, 1897, for the treatment of infectious diseases. (4) At the end of subsection (4) of section eighty of the principal Act, the following shall be added: " And provided further that, for the purposes of subsection (3) of section sixty-four of this Act, relating to the provision of sanatoria, burghs and police burghs so held to be within the county, may receive direct representation in groups or otherwise, on any joint committees, joint boards, or other bodies thereby constituted, in such manner as may be determined by the Board." (5) All proceedings for any contravention of, or non-compliance with, any of the provisions of Part I. or of Part III., so far as relating to matters under Part I. of the principal Act or this Act, or the regulations made thereunder, shall in Scotland be instituted and carried on under the provisions of the Summary Jurisdiction (Scotland) Acts, and may be taken at the instance of the procurator fiscal or of the Scottish Insurance Commissioners. (6) Where an employer in Scotland has failed or neglected to pay any contributions which, under Part I. of the principal Act, he is liable to pay in respect of a person (a), the amount which he has so failed or neglected to pay shall be a debt due from the employer to the Commissioners, and shall be recoverable by the Commissioners summarily as a civil debt : Provided that the powers conferred by this section on the Commissioners shall be deemed to be in supplement of and nowise in restriction of the powers conferred upon them or upon members of approved societies by the principal Act. (7) The reference in this Act to the Lord Chancellor shall, as respects Scotland, be construed as a reference to the Lord President of the Court of Session. 42. (1) Where the area of an insurance committee making an arrangement under subsection (1) of section sixteen of the principal Act is situate in Wales, the Welsh Insurance Commissioners shall be substituted for the Local Government Board as the authority whose approval is required under that subsection for the purpose of enabling that committee to enter into such an arrangement. (2) The council of a county or county borough in Wales may agree with King Edward the Seventh's Welsh National Memorial Association to make such annual or other payments, subject to such conditions and for such periods as may be approved by the Welsh Insurance Commissioners, and any expenses incurred under this subsection shall, in the case of a county council, be defrayed in like manner as expenses under subsection (2) of section sixty-four of the principal Act, and, in the case of a county borough council, as part of their expenses incurred in the execution of the Public Health Acts. (a) Substituted for "employed contributor" by Section 39 of the National Health Insurance Act, 1918 (p. 115) c. 38. Special provisions as to Wales. 1913. s. 43. 1st Sched. Short title, construction. 43.-(1) This Act may be cited as the National Insurance Act, 1913, and the principal Act and this Act may be cited together as the National Insurance Acts, 1911 to 1913. (2) This Act shall be deemed to be part of Part I. of the principal Act, except that any provisions of this Act which supersede or amend any provisions of Part III. of the principal Act shall be deemed to be part of Part III. of the principal Act. (3) This Act shall, save as otherwise expressly provided, come into operation on the first day of September nineteen hundred and thirteen or such later date or dates as the Joint Committee may by order appoint, and different days may be appointed for different purposes and different provisions of this Act, so, however, that no date later than the thirteenth day of October, nineteen hundred and thirteen, shall be appointed for the coming into operation of the provisions of this Act altering the rates of sickness or disablement benefit in respect of any class of insured persons, nor later than the fifteenth day of January, nineteen hundred and fourteen, in respect of any other purpose or provision. (4) The provisions of the principal Act mentioned in the Third Schedule to this Act are hereby repealed. Section 28. SCHEDULES. FIRST SCHEDULE. MATTERS WITH RESPECT TO WHICH REGULATIONS MAY be made. (A) The manner and conditions in and upon which the following matters may be carried into effect : (i) The amalgamation for the purposes of Part I. of the principal Act of any two or more approved societies, or of an approved society with a society which is not an approved society, or of any two or more branches of an approved society: (ii) [This paragraph, which had reference to the transfer by an approved society or branch to another approved society or branch of its engagements under Part I. of the principal Act, was repealed by Section 48 (4) of the National Health Insurance Act, 1918 (p. 117). For provisions as to the making of regulations relating to such transfers, see now Part I. (1) of the Fourth Schedule to that Act (p. 120).] (iii) The financial adjustments to be made on any such amalgamation or transfer. (B) The manner and conditions in and upon which the dissolution of approved societies may be carried into effect, and for that purpose providing for the. valuation of the assets and liabilities of dissolved societies under Part I. of the principal Act, and the reduction (either permanently or temporarily), in the event of a deficiency being disclosed, of the rates of benefits payable to members and the periods during which those benefits or any of them are payable, and for the establishment of a special fund to which contributions of such members are to be paid, and out of which their benefits are to be paid, and the application, subject to the prescribed modifications, adaptations and exceptions, to such fund, and the members thereof, of the provisions of Part I. of the principal Act relating to approved societies and the membership of and transfer to and from approved societies (a). (a) For provisions as to the making of regulations enabling or requiring an approved society with branches to establish a central fund for the purposes of administering the benefits of members of a branch which secedes, is dissolved or expelled, or ceases to be recognised as a branch, and providing as to payments to and from such fund and the transfer of such members to other branches, see Part I. (2) of the Fourth Schedule to the National Health Insurance Act, 1918 (p. 120). 1913. (c) Authorising the Commissioners to withdraw approval from a society on account of maladministration of its affairs under the principal Act in cases where it appears expedient in the interests of the members of the society to do so (a). (D) The crediting or variation (whether by way of increase or decrease) and cancellation of reserve values (b). (E) [This paragraph, which had reference to certain matters respecting the Navy and Army Insurance Fund and members of that Fund, was repealed by Section 48 (4) of the National Health Insurance Act, 1918 (p. 117). For provisions as to the making of regulations relating to those matters, see now Part I. (4) of the Fourth Schedule to that Act, (p. 120).] (F) For enabling the sums required to be paid or credited in any year to insurance committees under subsection (1) of section sixty-one of the principal Act, instead of being paid or credited at the commencement of the year, to be paid or credited at such time or times and in such instalments and in such manner and proportions as may, with the consent of the Treasury, be prescribed. (G) Enabling approved societies and insurance committees, and, in the case of persons entitled to benefits out of the Navy and Army Insurance Fund, the Admiralty or Army Council, to appoint a person to exercise on behalf of any insured person of unsound mind any right of election which that person is, under Part I. of the principal Act entitled to exercise, and to appoint a person to receive on behalf and for the benefit of such person any sums by way of benefit which would otherwise have been payable to him. 2nd-3rd Scheds. SECOND SCHEDULE. 1. Draft, or order, or receipt given by or to an approved society or branch, or insurance committee in respect of money payable in pursuance of Part I. of the principal Act, or of the rules of the society or branch. 2. Letter or power of attorney granted by any person as trustee for the transfer of any money of an approved society, or branch, or insurance committee invested in his name in the public funds. 3. Bond or other security given to, by, or on account of an approved society or branch, or by the treasurer or other official thereof. 4. Appointment or revocation of appointment of agent, or other document required or authorised by or in pursuance of Part I. of the principal Act, or by the rules of an approved society or branch. 5. Agreement entered into between an approved society or branch and an insurance committee in regard to medical benefit under Part I. of the principal Act. THIRD SCHEDULE. ENACTMENTS REPEALED. Subsection (4) of section one. Paragraph (a) of subsection (4) of section four. In subsection (5) of section eight the words ("and at least fifty weekly contributions have been paid by or in respect of him "'). Subsection (3) of section nine. Subsection (6) of section ten. Proviso (i) of subsection (2) of section twelve. Subsection (1) of section eighteen, from ("but if in the case of a midwife being selected") to the end of that subsection. Subsection (3) of section forty-five. Section forty-nine. Table C. in Part I. of the Fourth Schedule. (a) As regards the infliction of penalties upon, or the taking of legal proceedings against, an approved society or branch which is guilty of maladministration, see the provisions of Section 30 of the National Health Insurance Act, 1918 (p. 113); and as regards the withdrawal of recognition an the case of such a branch, see Section 43 (2) of that Act (p. 116). (b) See also Part I. (5) of the Fourth Schedule to the National Health Insurance,1918 (p. Act 120). Section 37. Section 43. 1914. 1914. (Sess. 2). Extension of section 46 of 1 & 2 Geo. 5, c. 55. Short title. Rule of conditions under 1 & 2 Geo. 5, c. 55, s. 46 (3) (h). Extension of 3.-NATIONAL INSURANCE (NAVY AND ARMY) АСТ, 1914. [4 & 5 Geo. 5, c. 81.] An Act to amend section forty-six of the National Insurance Act, 1911, as respects certain officers, warrant officers, and soldiers. [18th September 1914.] 1.-Section forty-six of the National Insurance Act, 1911, shall apply, and shall be deemed always to have applied, to soldiers spécially enlisted for the purposes of the present war, and to all persons who, being previously insured, serve during the present war as commissioned or warrant officers of the naval reserves, or officers of the reserve or of the territorial force, or are granted temporary commissions in the regular forces during the continuance of the present war, as it applies to men of the territorial forces called out on embodiment (a). 2. This Act may be cited as the National Insurance (Navy and Army) Act, 1914. 4.-NATIONAL INSURANCE (NAVY AND ARMY) An Act to amend section forty-six of the National Health Insurance Act, 1. The requirements as to proof of state of health and to making application within the prescribed time imposed by paragraph (h) of subsection (3) of section forty-six of the National Insurance Act, 1911, as conditions on which a seaman, marine, or soldier, on his. discharge from service, can become entitled to benefits payable out of the Navy and Army Insurance fund, shall not apply in the case of a seaman, marine, or soldier who, on his discharge from service during or within the prescribed period after the conclusion of the present war, is certified by the Admiralty or Army Council to be suffering from any disease, or disablement, or bodily or mental unfitness, but every such man shall become entitled to benefits payable out of that fund as from the date of his discharge in like manner as if he had satisfied such requirements as aforesaid (b): Provided that if in any case the Insurance Commissioners are of opinion that the state of the man's health on discharge is not such as to disqualify him for admission to an approved society, the Commissioners may, by notice, fix a time (not being less than three months from the date of such notice and not being more than six months from the date of his discharge) at which he shall cease to be entitled to benefits out of the fund, unless he satisfies them that he has been unable by reason of the state of his health to obtain admission to an approved society. 2. Section forty-six of the National Insurance Act, 1911, shall apply, 1 & 2 Geo. 5, and shall be deemed always to have applied, to seamen and marines who have entered or enlisted for the purposes of the present war as it applies to men of the territorial force called out on embodiment. c. 55, 8. 46. Short title. 3. This Act may be cited as the National Insurance (Navy and Army) Act, 1914 (Session 2). (a) See also Section 2 of the National Insurance (Navy and Army) Act, 1914 (Session 2), above, for a further extension of the provisions of Section 46 of the principal Act. (b) Section 4 of the National Insurance (Part I. Amendment) Act, 1917 (p. 93) authorises regulations to be made providing for the granting out of the Navy and Army Insurance Fund of medical and sanatorium benefits to men discharged from service as seamen, marines, or soldiers who, by reason of having elected not to pay contributions during the period of their service or for any other reason, would not otherwise have been qualified to receive benefits out of that Fund. 5.—NATIONAL INSURANCE (Part I. AMENDMENT) ACT, 1915. [5 Geo. 5, c. 29.] An Act to amend Part I. of the National Insurance Act, 1911. Reduction of benefits in the case of persons entitled to pensions in total [16th March, 1915.] 1.-(1) Where, in pursuance of any Order in Council relating to pensions of officers or seamen and marines or other persons, or of any Royal Warrant relating to pensions of officers or soldiers or other persons, disabled in consequence of the present war, there has been granted, whether before or after the passing of this Act, to any person to whom section respect of forty-six of the National Insurance Act, 1911, applied, or who was an in- disablement. sured person, at the time of his leaving naval, military, or other pensionable 1 & 2 Geo. 5. service, a pension in respect of disablement in the highest degree, the rate c. 55. of any sickness or disablement benefit to which that person may be entitled in respect of his insurance under the National Insurance Act, 1911, shall, throughout the period in respect of which that pension, or a pension oí a greater amount granted in lieu thereof, is payable, be reduced by five shillings a week, notwithstanding anything in the said Act to the contrary: Provided that a person to whom such a pension has been granted shall not be subject, or shall cease to be subject, to such reduction in the rate of benefit (i) as respects sickness benefit, if he proves that since leaving naval, For the purposes of this subsection (a) an allowance in lieu of pension to a person undergoing a special (b) a pension in respect of total disablement suffered in consequence shall be treated as if such allowance or pension were a pension in respect (2) The society, committee, or other body by which the sickness and disablement benefits of any such person are administered may, pending the settlement of his claim for pension, pay him benefit at the unreduced rate, and where benefit at the unreduced rate has been paid pending such settlement or has been paid between the prescribed date and the passing of this Act the amount of the difference between the benefit at the unreduced rate and at the reduced rate for such period shall be treated as an advance and shall, without prejudice to any other method of recovery, be recoverable by deductions from or suspension of any benefits which may subsequently become payable to the person in question, or may, if the (a) This sub-section was substituted for the sub-section formerly contained here by Section 1 (1) of the National Insurance (Part I. Amendment) Act, 1917 (p. 91), and incorporates further amendments made by Section 47 of the National Health Insurance Act, 1918 (p. 117). |