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Continuation of Compensation Schemes Act, 1946

What is this act about?

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.

Who it applies to: 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.

At a glance

Country
Ireland
Area of law
Social security
Articles
7
Source
irishstatutebook.ie
Text retrieved
Explanation updated

What does this act regulate?

  • 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 does this act apply to?

  • 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.

What are the 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.

Social security

8

Social security

Legal text

Legal text
Contents (7)
  1. Section 1
  2. Section 2
  3. Section 3
  4. Section 4
  5. Section 5
  6. Section 6
  7. Section 7

Continuation of Compensation Schemes Act, 1946 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1946 Continuation of Compensation Schemes Act, 1946 Continuation of 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 of 1946.

CONTINUATION OF COMPENSATION SCHEMES ACT, 1946.

ARRANGEMENT OF SECTIONS Section

Section 1

Continuation of civilian compensation schemes.

2 .

Continuation of Local Defence Force compensation schemes.

3 .

Continuation of Local Security Force compensation schemes.

4 .

Continuation of compensation scheme for seamen.

5 .

Restriction of meaning of “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 of 1942 Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (First Amendment) Scheme, 1943 S.R. & O., No. 7 of 1943 Emergency Powers (Compensation for Personal Injuries) (Civilians) Scheme, 1942 (Second Amendment) Scheme, 1943 S.R. & O., No. 231 of 1943 Emergency Powers (No. 98) Order, 1941 S.R. & O., No. 354 of 1941 Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 S.R. & O., No. 451 of 1942 Emergency Powers (Compensation for Personal Injuries) (Local Defence Force) Scheme, 1942 (First Amendment) Scheme, 1943 S.R. & O., No. 433 of 1943 Emergency Powers (No. 61) Order, 1940 S.R. & O., No. 391 of 1940 Local Security Force (Compensation for Personal Injuries) Scheme, 1943 S.R. & O., No. 135 of 1943 Local Security Force (Compensation for Personal Injuries) Scheme, 1943 (Amendment) Scheme, 1943 S.R. & O., No. 271 of 1943 Emergency Powers (No. 263) Order, 1943 S.R. & O., No. 86 of 1943 Number 19 of 1946.

CONTINUATION OF 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 OF PERSONAL INJURIES AND LOSS. [16th July, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Continuation of 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 of 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 of 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 of 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 of 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 of 1941), applied.
(3)If, after the 1st day of September, 1946, any person contravenes paragraph (1) of Article 37 of the Principal Scheme, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.
(4)If any person is in receipt of any compensation under the Schemes in the form of a continuing allowance obtained by reason of a false statement and such person is convicted of an offence (based on the making, signing or using of any written statement in contravention of paragraph (1) of Article 37 of the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date of such conviction.

Continuation of Local Defence Force compensation schemes.

Section 2

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

(2)The Schemes shall continue in force after the 1st day of September, 1946, subject to the modification that the expression “qualifying injury” therein shall mean any personal injury within the meaning of the Schemes which was sustained on or before the 31st day of March, 1946, and to which, when it was sustained, Article 17 of the Emergency Powers (No. 61) Order, 1940 (S.R. & O., No. 391 of 1940), applied.
(3)If, after the 1st day of September, 1946, any person contravenes paragraph (1) of Article 35 of the Principal Scheme, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.
(4)If any person is in receipt of any compensation under the Schemes in the form of a continuing allowance and such person is convicted of an offence (based on the making, signing or using of any written statement in contravention of paragraph (1) of Article 35 of the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date of such conviction.

Continuation of Local Security Force compensation schemes.

Section 3

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

(2)The Schemes shall continue in force after the 1st day of September, 1946, subject to the modification that the expression “qualifying injury” therein shall mean any qualifying injury within the meaning of the Schemes which was sustained on or before the 30th day of September, 1945.
(3)If, after the 1st day of September, 1946, any person contravenes paragraph (1) of Article 34 of the Principal Scheme, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months.
(4)If any person is in receipt of any compensation under the Schemes in the form of a continuing allowance and such person is convicted of an offence (based on the making, signing or using of any written statement in contravention of paragraph (1) of Article 34 of the Principal Scheme) under this section, he shall forfeit such compensation as on and from the date of such conviction.

Continuation of compensation scheme for seamen.

Section 4

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

(2)The Order shall continue in force after the 1st day of September, 1946, subject to the modification that it shall not apply to an injury or detention, within the meaning of the Order, sustained by a person after that date, or to the loss or presumed loss of a person, or the loss of or damage to the effects of a person, or the loss presumed loss or wreck of a ship, occurring after that date.
(3)If, after the 1st day of September, 1946, any person contravenes Article 17 of the Order, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of 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 of meaning of “public moneys” in Military Service Pensions Acts, 1924 to 1945.

Section 5

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 of this Act relates.

Expenses.

Section 6

6.—All expenses incurred in carrying this Act into execution shall be paid out of moneys provided by the Oireachtas.

Short title.

Section 7

7.—This Act may be cited as the Continuation of Compensation Schemes Act, 1946.

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