HC Deb 30 November 1911 vol 32 cc750-4

(1) Where it is alleged by the Insurance Commissioners or by any approved society or local health committee that the sickness which has taken place among any insured persons, being, in the case where the allegation is made by a society or committee, persons for the administration of whose sickness and disablement benefits the society or committee is responsible, is excessive, and that such excess is due to the conditions or nature of employment of such persons, or to bad housing or insanitary conditions in any locality, or to a defective or contaminated water supply, or to the neglect on the part of any person or authority to observe or enforce the provisions of any Act relating to the health of workers in factories, workshops, mines, quarries, or other industries, or relating to public health, or the housing of the working classes, or any regulations made under any such Act, or to observe or enforce any public health precautions, the Commissioners or the society or committee making such allegation may send to the person or authority alleged to be in default a claim for the payment of the amount of any extra expenditure alleged to have been incurred by reason of such cause as aforesaid, and if the Commissioners, society, or committee and such person or authority fail to arrive at any agreement on the subject may apply to the Secretary of State or the Local Government Board, as the case may require, for an inquiry, and thereupon the Secretary of State or Local Government Board may appoint a competent person to hold an inquiry.

(2) If upon such inquiry being held it is proved to the satisfaction of the person holding the inquiry that the amount of such sickness has—

  1. (i.) during a period of not less than three years before the date of the inquiry; or
  2. (ii.) if there has been an outbreak of any epidemic, endemic or infectious disease, during any less period;
been in excess of the average expectation of sickness by more than 10 per cent., and that such excess was in whole or in part due to any such cause as aforesaid, the amount of any extra expenditure found by the person holding the inquiry to have been incurred under this Part of this Act by any societies or committees where the allegation is made by the Insurance Commissioners, or, if the allegation is made by a society or committee, by the society or committee in question, by reason of such cause shall be ordered by him to be made good in accordance with the following provisions:—
  1. (a) Where the excess or such part thereof as aforesaid is due to the conditions or nature of the employment or to any neglect on the part of any employer to observe or enforce any such Act or regulation as aforesaid, it shall be made good by the employer:
  2. (b) Where such excess or such part thereof as aforesaid is due to bad housing or insanitary conditions in the locality, or to any neglect on the part of any local authority to observe or enforce any such Act or regulation as aforesaid, it shall be made good by such local authority as appears to the person holding the inquiry to have been in default, or if due to the insanitary condition of any particular premises shall be made good by the owner or occupier of the premises who is proved to the satisfaction of the person holding the inquiry to be responsible:
  3. (c) Where the excess or such part thereof as aforesaid is due to an insufficient or contaminated water supply, it shall be made good by the local authority or company by which the water is supplied, or which having imposed upon it the duty of affording a water supply has refused or neglected to do so, unless the local authority or company prove that such insufficiency or contamination was not due to any default on the part of the authority or company, but arose from circumstances over which it had no control.

(3) Where any such inquiry as aforesaid is held in respect of bad housing or insanitary conditions in any locality, it shall be lawful for the local authority to serve notice upon the owner or occupier of any premises which are the subject-matter of the inquiry, and where it is proved that such a notice has been served and that any such extra expense as aforesaid, or any part thereof, has been caused by the act or default of such owner or occupier, the person holding the inquiry may order the owner or occupier to repay to the local authority the amount of the extra expenditure or part thereof which has been so caused.

(4) For the purpose of this Section the average expectation of sickness shall be calculated in accordance with the tables prepared by the Insurance Commissioners for the purpose of valuations under this Part of this Act, but any excessive sickness attributable to any disease or disablement which is or is due to any disease or injury in respect of which damages or compensation are payable under the Employers' Liability Act, 1880, or the Workmen's Compensation Act, 1906, or at common law, shall not be taken into account.

(5) The Insurance Commissioners shall make regulations as to the procedure on inquiries under this Section, and a person holding an inquiry under this Section shall have all such powers as an inspector of the Local Government Board has for the purposes of an inquiry under the Public Health Acts, and shall have power to order how and by what parties costs, including such expenses as the Secretary of State or Local Government Board may certify to have been incurred by them, are to be paid, and an order made by such person under this Section may by leave of the High Court be enforced in the same manner as a judgment or order of the Court to the same effect:

Provided that a society or committee shall not be ordered to pay the costs of the other party to the inquiry if the person holding the inquiry certifies that the demand for an inquiry was reasonable under the circumstances, and when he so certifies the Treasury may repay to the society or committee the whole or any part of the costs incurred by it.

(6) Without prejudice to any other method of recovery, any sum ordered under this Section to be paid by a local authority may, in accordance with the regulations of the Local Government Board with the approval of the Treasury, be paid out of the Local Taxation Account and deducted from any sums payable either directly or indirectly out of that account to the local authority.

(7) For the purposes of this Section any expenditure on any benefit administered by a local health committee shall be deemed to be expenditure of that committee, but any sums ordered to be paid to any such committee under this Section to meet extra expenditure on sickness benefit or disablement benefit shall be dealt with for the benefit of deposit contributors in accordance with regulations made by the Insurance Commissioners.

(8) Where under this Section any sum is ordered to be paid to the Insurance Com missioners, the Insurance Commissioners shall apply the same in discharge of any expenses incurred by the Commisioners in connection with the inquiry, and shall distribute the balance amongst the societies and committees which appear to the Commissioners to have incurred extra expense on account of the excessive sick ness in such proportion, as the Commissioners think just.

Amendments made: In Sub-section (1) leave out the words "a defective" ["or to a defective or contaminated water supply"], and insert instead thereof the words "an insufficient."

In Sub-section (2), paragraph (b), after the word "regulation" ["regulation as aforesaid"], insert the words "or such precautions."

After the word "good" ["be made good by the owner"], insert the words "either by such authority or."

After the word "owner," insert the word" lessee."

In paragraph (c), leave out the word "or" ["local authority or company"].

After the word "company," insert the words "or person."

Leave out the word "or" ["authority or company "].

After the word "company," insert the words "or person."

In Sub-section (3), after the word "owner" ["notice upon the owner"], insert the word "lessee."

After the word "owner" ["the owner or occupier"], insert the word "lessee."

In Sub-section (4) leave out the words "is or" ["which or is due"].

In Sub-section (8), leave out the words "ordered to be."

Leave out the words "in connection with the inquiry," and insert instead thereof the words "under this Section."

Leave out the word "proportion" and insert instead thereof the word "proportions."

At the end of Sub-section (8) add, (9) Where an association of deposit contributors resident in any county or county borough has been formed under regulations made by the Insurance Commissioners, the local health committee for the county or county borough shall, if so required by the association, take proceedings under this Section on behalf and at the expense of the association.—[Mr. Lloyd George.]

Supplementary Provisions.