HC Deb 30 July 1897 vol 51 cc1682-7

ARBITRATION. The following provisions shall apply for settling any matter which under this Act is to be settled by arbitration:—

  1. (1.) If any committee, representative of any employer or employers and his or their workmen, exists with power to settle matters under this Act in the case of the employer and workmen, the matter shall, sinless either party objects, by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of such committee, or be referred by them in their discretion to an arbitrator.
  2. (2.) if either party so objects, or there is no such committee, or the committee fails to settle the matter within three months from the date of the claim, the matter shall be settled by a single arbitrator agreed on by the parties, or in the absence of agreement, by the County Court Judge of the district in which the accident occurred, according to the procedure prescribed by rules of court, or if in England the Lord Chancellor certifies that under the circumstances of the particular district it is not convenient that the County Court Judge should be called upon to act as arbitrator, by a single arbitrator appointed by such County Court Judge.
  3. (3.) In cases in which the County Court Judge or an arbitrator appointed by Limo is the arbitrator, the workman or some person on his behalf may deliver to the Registrar of the County Court of the district in which he 1683 resides a statement of the nature of his claim, with his name and address and that of the employer, and it shall be the duty of the Registrar to give notice of the said claim to the employer, and to make the necessary arrangements for the arbitration, and give notice thereof to both parties, and all such claims may be amended by the arbitrator on such terms as to adjournment or otherwise as he thinks just, in order that the questions in dispute may be disposed of.
  4. (4.) Any arbitrator appointed by the County Court Judge shall be paid out of moneys to be provided by Parliament in accordance with regulations to be made by the Treasury.
  5. (5.) The Arbitration Act 1889 shall not apply to any arbitration under this Act; but an arbitrator may, if he thinks fit, submit any question of law for the decision of the County Court Judge, and the decision of the Judge on any question of law, either on such submission, or in any case where he himself acts as arbitrator under this Act shall be final; unless within the time and in accordance with the conditions prescribed by rules of court either party appeals to the Court of Appeal; and the County Court Judge, or the arbitrator appointed by him, shall, when sitting as arbitrator, have the same powers of procuring the attendance of witnesses and the production of documents as if the claim for compensation had been made by plaint in the County Court.
  6. (6.) In any arbitration under this Act any party may appear by any person duly appointed on his behalf.
  7. (7.) The costs of the arbitration shall be in the discretion of the arbitrator. The costs, whether before an arbitrator or in the County Court, shall not exceed the limit prescribed by rules of Court.
  8. (8.) Where the amount of compensation under this Act shall have been ascertained, or any weekly payment varied, or any other matter decided, under this Act, either by a committee or by an arbitrator or by agreement, a memorandum thereof shall be sent by the said committee or arbitrator, or by any party interested, to the Registrar of the County Court for the district in which any person entitled to such compensation resides, who shall, on being satisfied as to its genuineness, record such memorandum in a special register without charge, and thereupon the said memorandum shall for all purposes be enforceable as a County Court judgment. Provided that the County Court Judge may at any time rectify such register.
  9. (9.) The duty of a County Court Judge under this Act shall, subject to rules of court, be part of the duties of the County Court, and the officers of the Court shall act accordingly.
  10. (10.) No court fee shall be payable by any party in respect of any proceeding under this Act in the County Court prior to the award.
  11. (11.) Any sum awarded as compensation shall be paid on the receipt of the person entitled, and his solicitor or agent shall not be entitled to recover from him or to claim a lien on the said sum awarded for any costs except such as have been awarded in the arbitration.
    12. 1684
  12. (12.) The Secretary of State may appoint legally qualified medical practitioners for the purpose of this Act, and any committee, arbitrator, or judge may, subject to regulations made by the Secretary of State and the Treasury, appoint any such practitioner to report on any matter which seems material to any question arising in the arbitration; and the expense of any such medical practitioner shall, subject to Treasury regulations, be paid out of moneys to be provided by Parliament.
  13. (13.) In the application of this Act and this schedule to Scotland—
    1. (a) "Sheriff" shall be substituted for "county court judge," "Sheriff Court" for "County Court," "action" for "plaint," "Sheriff Court" for "Registrar of the County Court," and "act of sederunt" for "rules of court."
    2. (b) Any award or agreement as to compensation under this Act may be competently recorded for execution in the books of council and session or sheriff court books, and shall be enforceable in like manner as a recorded decree arbitral.
    3. (c) Any application to the Sheriff as arbitrator shall be heard, tried, and determined summarily in the manner provided by the fifty-second section of the Sheriff Courts (Scotland) Act, 1876, save only that parties may be represented by any person authorised in writing to appear for them, and subject to the declaration that it shall be competent to either party within the time and in accordance with the conditions prescribed by act of sederunt to require the Sheriff to state a case on any question of law determined by him, and his decision thereon in such case may be submitted to either division of the Court of Session, who may hear and determine the same finally, and remit to the Sheriff with instruction as to the judgment to be pronounced.
  14. (14.) In the application of this Schedule to Ireland the expression "County Court Judge" shall include the Recorder of any city or town.
  15. (15.) Paragraphs five and eight of this Schedule shall not apply to Scotland.

Lords' Amendments agreed to: In Sub-section (1) leave out "or employers"; leave out "or their"; leave out "an arbitrator" and insert "arbitration as hereinafter provided."

In Sub-section (2) after "committee" insert "so refers the matter or"; leave out "of the district in which the accident occurred"; leave out certifies that under the circumstances of the particular district it is not convenient that the County Court Judge should be called upon to act as arbitrator, by a single arbitrator appointed by such County Court Judge, and insert "so authorises according to the like procedure "; leave out Subsection (3).

In Sub-section (4) after "judge," insert "shall for the purposes of this Act have all the powers of a County Court Judge and."

In Sub-section (5) leave out "acts as arbitrator," and insert "settles the matter"; before "Court" insert "the Supreme"; leave out "when sitting as arbitrator," and insert "for the purpose of an arbitration under this Act"; leave out Sub-section (6) and insert "(6.) Rules of court may make provision for the appearance in any arbitration under this Act of any party by some other person."

In Sub-section (7) after the first "of" insert "and incident to," and after "arbitration" insert "and proceedings connected therewith"; after "Court" insert "and shall be taxed in manner prescribed by those rules," and after Sub-section (7) insert the following: — In the case of the death or refusal or inability to act of an arbitrator, a Judge of the High Court at Chambers may, on the application of any party, appoint a new arbitrator.

In Sub-section (8), after "sent" insert "in manner prescribed by rules of Court"; after "shall" insert "subject to such rules"; leave out "charge" and insert "fee"; at end of Sub-section (8) insert as a new sub-section:— Where any matter under this Act is to be done in a County Court, or by, to, or before the Judge or Registrar of a County Court, then unless the contrary intention appear, the same shall, subject to rules of court, be done in, or by, to, or before the Judge or Registrar of the County Court of the district in which all the parties concerned reside, or if they reside in different districts, the district in which the accident out of which the said matter arose occurred, without prejudice to any transfer in manner provided by rules of court.

In Sub-section (9) after "Act" insert "or of an arbitrator appointed by him."

On the question that the House do agree with the Lords in the following Amendment in Sub-section (9), after "accordingly" insert and rules of court may be made both for any purpose for which this Act authorises rules of court to be made, and also generally for carrying into effect this Act so far as it affects the County Court or an arbitrator appointed by the Judge of the County Court, and proceedings in the County Court or before any such arbitrator, and such rules may be made by the live Judges of the County Courts appointed for the making of rules under section one hundred and sixty-four of the County Courts Act 1888, and when allowed by time Lord Chancellor, as provided by that section, shall have full effect without any further consent.

THE ATTORNEY GENERAL

moved to insert after the words "and such rules may" the words "in England."

Amendment to the Lords' Amendment agreed to; Lords' Amendment, as amended, agreed to.

Lords' Amendments agreed to: In Subsection (11) leave out "entitled," and insert "to whom it is payable under any agreement or award"; leave out "the said sum awarded for any costs except such as have been awarded in the arbitration," and insert— or deduct any amount for costs from the said sum awarded, except such suns as may be awarded by the arbitrator or county court judge, on an application made by either party to determine the amount of costs to be paid to the said solicitor or agent, such sum to be awarded subject to taxation and to the scale of costs prescribed by rules of court. In Sub-section (13) leave out "this Act and"; leave out the third "Court," and insert "clerk"; and after Sub-section (13) insert: (14) paragraphs four and seven of this schedule shall not apply to Scotland." Leave out Sub-section (15).

Committee appointed to draw up reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Workmen (Compensation for Accidents) Bill: Mr. Balfour, Mr. Secretary Chamberlain, Secretary Sir Matthew White Ridley, the Attorney General, Mr. Asquith, the Attorney General for Ireland, Mr. Jesse Collings, Mr. Sydney Buxton, and Mr. Fisher.

To withdraw immediately.

Ordered, that three be the quorum.