Continuation of Compensation Schemes Act, 1946

In short

This law continues certain compensation schemes for personal injuries and loss that were established under the Emergency Powers Act, 1939, but only to a limited extent. It ensures that these schemes remain active for injuries sustained on or before specific dates.

What it regulates

The continuation of compensation schemes for civilians.
The continuation of compensation schemes for the Local Defence Force.
The continuation of compensation schemes for the Local Security Force.
The continuation of a compensation scheme for seamen.

Who it concerns

Individuals who sustained personal injuries covered by the civilian, Local Defence Force, or Local Security Force compensation schemes.
Seamen who sustained injuries or detention, or whose effects or ships were lost or damaged.

Key points

Civilian compensation schemes continue for injuries sustained on or before September 1, 1946.
Local Defence Force compensation schemes continue for injuries sustained on or before March 31, 1946.
Local Security Force compensation schemes continue for injuries sustained on or before September 30, 1945.
The compensation scheme for seamen continues, but does not apply to injuries, detention, or losses occurring after September 1, 1946.
Making a false statement to obtain compensation can lead to a fine not exceeding twenty-five pounds or imprisonment for a term not exceeding six months, and forfeiture of compensation.

Legal text

Continuation

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Compensation Schemes Act, 1946 Continuation

Compensation Schemes Act, 1946 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 19

1946. CONTINUATION

COMPENSATION SCHEMES ACT, 1946. ARRANGEMENT

SECTIONS Section 1. Continuation

civilian compensation schemes. 2 . Continuation

Local Defence Force compensation schemes. 3 . Continuation

Local Security Force compensation schemes. 4 . Continuation

compensation scheme for seamen. 5 . Restriction

meaning

“public moneys” in Military Service Pensions Acts, 1924 to 1945. 6 . Expenses. 7 . Short title. Acts Referred to Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 S.R. & O., No. 229

1942 Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (First Amendment) Scheme, 1943 S.R. & O., No. 7

1943 Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Second Amendment) Scheme, 1943 S.R. & O., No. 231

1943 Emergency Powers (No. 98) Order, 1941 S.R. & O., No. 354

1941 Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 S.R. & O., No. 451

1942 Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 (First Amendment) Scheme, 1943 S.R. & O., No. 433

1943 Emergency Powers (No. 61) Order, 1940 S.R. & O., No. 391

1940 Local Security Force (Compensation for Personal Injuries) Scheme, 1943 S.R. & O., No. 135

1943 Local Security Force (Compensation for Personal Injuries) Scheme, 1943 (Amendment) Scheme, 1943 S.R. & O., No. 271

1943 Emergency Powers (No. 263) Order, 1943 S.R. & O., No. 86

1943 Number 19

1946. CONTINUATION

COMPENSATION SCHEMES ACT, 1946. AN ACT TO CONTINUE IN FORCE, TO A LIMITED EXTENT, CERTAIN COMPENSATION SCHEMES UNDER THE EMERGENCY POWERS ACT, 1939, IN RESPECT

PERSONAL INJURIES AND LOSS. [16th July, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Continuation

civilian compensation schemes. 1.—

(1)In this section— the expression “the Principal Scheme” means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (S.R. & O., No. 229

1942); the expression “the first amending Scheme” means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (First Amendment) Scheme, 1943 (S.R. & O., No. 7

1943); the expression “the second amending Scheme” means the Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Second Amendment) Scheme, 1943 (S.R. & O., No. 231

1943); the expression “the Schemes” means the Principal Scheme, the first amending Scheme and the second amending Scheme.

(2)The Schemes shall continue in force after the 1st day

September, 1946, subject to the modification that the expression “qualifying injury” therein shall mean any personal injury which was sustained on or before that date and to which, when it was sustained, the Emergency Powers (No. 98) Order, 1941 (S.R. & O., No. 354

1941), applied.

(3)If, after the 1st day

September, 1946, any person contravenes paragraph

(1)

Article 37

the Principal Scheme, he shall be guilty

fence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion

the Court, to imprisonment for a term not exceeding six months.

(4)If any person is in receipt

any compensation under the Schemes in the form

a continuing allowance obtained by reason

a false statement and such person is convicted

fence (based on the making, signing or using

any written statement in contravention

paragraph

(1)

Article 37

the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date

such conviction. Continuation

Local Defence Force compensation schemes. 2.—

(1)In this section— the expression “the Principal Scheme” means the Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 (S.R. & O., No. 451

1942); the expression “the amending Scheme” means the Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 (First Amendment) Scheme, 1943 (S.R. & O., No. 433

1943); the expression “the Schemes” means the Principal Scheme and the amending Scheme.

(2)The Schemes shall continue in force after the 1st day

September, 1946, subject to the modification that the expression “qualifying injury” therein shall mean any personal injury within the meaning

the Schemes which was sustained on or before the 31st day

March, 1946, and to which, when it was sustained, Article 17

the Emergency Powers (No. 61) Order, 1940 (S.R. & O., No. 391

1940), applied.

(3)If, after the 1st day

September, 1946, any person contravenes paragraph

(1)

Article 35

the Principal Scheme, he shall be guilty

fence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion

the Court, to imprisonment for a term not exceeding six months.

(4)If any person is in receipt

any compensation under the Schemes in the form

a continuing allowance and such person is convicted

fence (based on the making, signing or using

any written statement in contravention

paragraph

(1)

Article 35

the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date

such conviction. Continuation

Local Security Force compensation schemes. 3.—

(1)In this section— the expression “the Principal Scheme” means the Local Security Force (Compensation for Personal Injuries) Scheme, 1943 (S.R. & O., No. 135

1943); the expression “the amending Scheme” means the Local Security Force (Compensation for Personal Injuries) Scheme, 1943 (Amendment) Scheme, 1943 (S.R. & O., No. 271

1943); the expression “the Schemes” means the Principal Scheme and the amending Scheme.

(2)The Schemes shall continue in force after the 1st day

September, 1946, subject to the modification that the expression “qualifying injury” therein shall mean any qualifying injury within the meaning

the Schemes which was sustained on or before the 30th day

September, 1945.

(3)If, after the 1st day

September, 1946, any person contravenes paragraph

(1)

Article 34

the Principal Scheme, he shall be guilty

fence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion

the Court, to imprisonment for a term not exceeding six months.

(4)If any person is in receipt

any compensation under the Schemes in the form

a continuing allowance and such person is convicted

fence (based on the making, signing or using

any written statement in contravention

paragraph

(1)

Article 34

the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date

such conviction. Continuation

compensation scheme for seamen. 4.—

(1)In this section the expression “the Order” means the Emergency Powers (No. 263) Order, 1943 (S.R. & O., No. 86

1943).

(2)The Order shall continue in force after the 1st day

September, 1946, subject to the modification that it shall not apply to an injury or detention, within the meaning

the Order, sustained by a person after that date, or to the loss or presumed loss

a person, or the loss

or damage to the effects

a person, or the loss presumed loss or wreck

a ship, occurring after that date.

(3)If, after the 1st day

September, 1946, any person contravenes Article 17

the Order, he shall be guilty

fence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion

the Court, to imprisonment for a term not exceeding six months.

(4)The Supplies and Services (Temporary Provisions) Act, 1946, shall not apply to the Order. Restriction

meaning

“public moneys” in Military Service Pensions Acts, 1924 to 1945. 5.—The expression “public moneys” wherever it occurs in the Military Service Pensions Acts 1924 to 1945, shall be construed as not including any moneys payable under any scheme to which section 1 , section 2 , section 3 , or section 4

this Act relates. Expenses. 6.—All expenses incurred in carrying this Act into execution shall be paid out

moneys provided by the Oireachtas. Short title. 7.—This Act may be cited as the Continuation

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