HC Deb 31 May 1897 vol 49 cc1638-40

(1.) If in any employment to which this Art applies personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject as hereinafter mentioned, be liable to pay compensation in accordance with the first schedule to this Act.

(2.) Provided that:—

  1. (a) The employer shall not be liable under this Act in respect of any injury which does not disable the workman for a period of at least two weeks from earning full waives at the work at which he was employed:
  2. (b) When it is decided, as hereafter provided, that the injury was caused by the wilful and wrongful act or default of the employer or some person for whose act or default the employer is responsible nothing in this Act shall affect any liability, civil or criminal, of the employer or persons for whom lie is responsible; but the employer shall not be liable to pay compensation both independently of and also under this Act, and shall not be liable to pay compensation independently of this Act, except in case of such wilful and wrongful act or default.

(3.) If any question arises as to whether the employment is one to which this Act applies, or whether the injury was caused by the wilful and wrongful act or default of the employer, or of any person for whose act or default the employer is responsible, or whether the injury was caused by accident arising out of and in the course of the employment of the workman j injured, or as to the amount or duration of compensation under this Act, or otherwise as to the liability for compensation under this ct, the question, if not settled by agreement, shall, subject to the provisions of the first schedule to this Act, be settled by arbitration, in accordance with the second schedule to this Act.

(4.) If the Registrar of Friendly Societies certifies that any scheme of compensation or insurance for the workmen in any employment is on the whole not less favourable to the workmen than the provisions of this Act, the employer may, until the certificate is revoked, contract with any of those workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable only in accordance with the scheme, but, save as aforesaid, this Act shall apply notwithstanding any contract to the contrary made after the commencement of this Act.

MR. ROBERT ASCROFT (Oldham)

had given notice of his intention to move to add the following new sub-section to the clause:— (5) If any workmen or their representatives shall submit to the said Registrar primâ facie evidence that the provisions of any scheme are no longer so favourable to the workman as the provisions of this Act, or that the provisions of such scheme are being violated, or that the same is not being fairly administered by the employers, or that satisfactory reasons exist for cancelling the same, then he shall have power to appoint an inspector to examine into and report upon the complaint, and, if satisfied that good cause exists for such complaint, shall cancel the scheme. (6) Whenever a scheme has been certified as aforesaid, it shall be the duty of the employer to answer all inquiries and to furnish all such accounts as may from time to time be required by the Registrar of Friendly Societies, and within seven days of the receipt of any complaint made by a workman or his representative against the scheme or the administration thereof the employer shall send copies of same to such Registrar. The HON. MEMBER said that he had been in consultation with the Attorney General as to alterations of certain of its terms, and he now proposed it in the following form:— (5.) "If any workmen or their representatives shall submit to the said Registrar primâ facie evidence that the provisions of any scheme are no longer so favourable to the workman as the provisions of this Act, or that the provisions of such scheme are being violated, or that the same is not being fairly administered by the employers, or that satisfactory reasons exist for revoking the certificate, then he shall have power to appoint an inspector to examine into and report upon the complaint, and, if satisfied that good cause exists for such complaint, shall revoke the certificate. Whenever a scheme has been certified as aforesaid, it shall be the duty of the employer to answer all inquiries and to furnish all such accounts as may from time to time be required by the Registrar of Friendly Societies.

New sub-section as thus amended, agreed to; clause, as amended, ordered to stand part of the clause.

Clause 2,—