§ This Part of this Act in its application to Scotland shall be subject to the following modifications:—
- (1) For the purpose of carrying this Part of this Act into effect in Scotland there shall be constituted, as soon as may be after the passing of this Act, Commissioners for Scotland (to be called the Scottish Insurance Commissioners) with a central office in Edinburgh, and with such branch offices in Scotland as the Treasury may think fit, and the Scottish Insurance Commissioners shall be appointed by the Treasury, and may appoint such officers, inspectors, referees, and servants for the purposes aforesaid as the Scottish Insurance Commissioners, subject to the approval of the Treasury, may determine, and the provisions of this Part of this Act with respect to the payment of the salaries and remuneration of the Insurance Commissioners, and the officers, inspectors, referees, and servants appointed by them, and with respect to the payment of the expenses incurred by the Treasury or the Insurance Commissioners in carrying this Part of this Act into effect shall, with the necessary modifications, apply to the payment of the salaries and remuneration of the Scottish Insurance Commissioners and the officers, inspectors, referees, and servants appointed by them and to the payment of expenses incurred by the Treasury or the Scottish Insurance Commissioners in carrying this Part of this Act into effect in Scotland, and for the purpose aforesaid the Scottish Insurance Commissioners, and the officers, inspectors, referees, and servants appointed by them shall respectively have all the like powers and duties as are by the foregoing provisions of this Act conferred and imposed on the Insurance Commissioners and the officers, inspectors, referees, and servants appointed by them, and references in those provisions to the Insurance Commissioners shall be construed as references to the Scottish Insurance Commissioners:
- (1) All sums received in respect of contributions in Scotland under this Part of this Act, and all sums paid out of moneys provided by Parliament
768 in respect of benefits under this Part of this Act which are administered in Scotland, and the expenses of administration of such benefits shall be paid into a fund to be called the Scottish National Health Insurance Fund, under the control and management of the Scottish Insurance Commissioners, and the sums required to meet expenditure properly incurred by approved societies and local health committees for the purposes of the benefits administered by them in Scotland, and the administration of of such benefits shall be paid out of that fund, and the foregoing provisions of this Act, with respect to the National Health Insurance Fund, shall, with the necessary modifications, apply to the Scottish National Health Insurance Fund accordingly: - (3) Joint regulations to be made by the Insurance Commissioners and the Scottish Insurance Commissioners with the approval of the Treasury shall provide for the preparation on a uniform basis of the tables to be prepared by the respective Commissioners, and for the making of all necessary adjustments and settlements of accounts in cases of insured persons removing from Scotland to England or Ireland or from England or Ireland to Scotland, as the case may be, both as between the National Health Insurance Fund and the Scottish or Irish National Insurance Fund and as between approved societies and branches and otherwise in respect of such cases, and for the transfer of sums from one fund or account to another:
- (4) The expression "Local Government Board" means the Local Government Board for Scotland (in this Section referred to as the Board): Provided that as regards the making of regulations respecting sums payable out of the Local Taxation (Scotland) Account the said expression means the Secretary for Scotland; the expression "Local Taxation Account" means the Local Taxation (Scotland) Account; and the expression "inspector of the Local Government Board" includes a person acting under Section seven or Section eight of the Public Health (Scotland) Act, 1897:
- (5) The expression "county borough" means a burgh or police burgh within the meaning of the Local Government (Scotland) Act, 1889 (in this Section referred to as the Act of 1889), containing within the police boundaries thereof according to the census of nineteen hundred and eleven a population of twenty thousand or upwards, and all other burghs and police burghs shall, for the purposes of this Part of this Act, be held to be within the county, and unless already represented on the county council shall, for the purposes of this Part of this Act, be represented thereon as may be determined by the Secretary for Scotland:
- (6) Except in this Section, references to a county and the county councils thereof shall, as regards—
- (a) the counties of Kinross and Clackmannan;
- (b) the counties of Elgin and Nairn; and
- (c) the counties of Peebles and Selkirk;
§ be construed in each case as references respectively to a combination of the two recited counties and to a joint committee of the county councils thereof which shall from time to time be appointed subject to the provisions of Section seventy-six of the Act of 1889:
§ (7) No person shall be qualified for appointment as member of a local health committee by a county or town council unless he is a member of a local authority within the county under the Public Health (Scotland) Act, 1897, or of the town council, as the case may be; but this requirement shall not apply to women if women so qualified are not available:
§ (8) Before submitting for approval a scheme prescribing areas to be assigned to auxiliary committees the local health committee of a county shall consult with the county council, or any committee thereof appointed for the purpose, and shall consider any representation received from them:
§ (9) Where, owing to sparseness of population, difficulties of communication, or other special circumstances, they 770 consider it desirable, a local health committee shall have power, with the consent of the Scottish Insurance Commissioners, to modify or suspend any benefits for the administration of which they are responsible; but where such modification or suspension takes place provision shall be made by the committee, with the like consent, for the increase of other benefits or the grant of one or more additional benefits to an amount equivalent to the value of the modification or suspension:
§ (10) (a) If it appears to any county council that, having regard to the number of employed contributors resident in the county who are not members of any society approved under the foregoing provisions of this Act, it is desirable that steps should be taken for the establishment under the council of an approved society for the county (in this Section referred to as a county society) the council may at any time before the expiration of one year from the commencement of this Act submit to the Insurance Commissioners a scheme for the establishment of a county society;
§ (b) The scheme may provide for—
- (i.) the representation of the council on the committee of management of the society;
- (ii.) The appointment of officers and sub-committees;
- (iii.) the delegation of powers to sub-committees;
- (iv.) the giving of security by means of a charge upon the general purposes rate or otherwise;
- (v.) the restriction of membership to insured persons resident in the county not being members of any other approved society;
- (vi.) the reduction of benefits below the minimum rates fixed by this Part of this Act; and
- (vii.) such other matters as may appear necessary, and in particular such further modifications of the provisions of this Part of this Act with respect to approved societies as may be required for the purpose of adapting those provisions to the case of a county society;
§ (c) Where such a scheme has been approved by the Insurance Commissioners, the provisions of the scheme shall have effect notwithstanding anything to the contrary in this Part of this Act; and, subject to those provisions, the county society shall be an approved society for all the purposes of this Part of this Act;
§ (d) A county council desirous of submit ting a scheme under this Section may at any time after the passing of this Act take such steps as appear necessary with a view to ascertaining what insured persons resident in the county are eligible and willing to become members of the proposed county society, and generally for the formation of the society:
§ (11) Expenses incurred by a county council under this Part of this Act shall be defrayed out of the general purposes rate; provided that notwithstanding anything contained in the Act of 1889, the ratepayers of a police burgh shall not be assessed by the county council for any such expenses unless the police burgh is, for the purposes of this Part of this Act, held to be within the county; and provided further that with respect to every burgh within the meaning of the Act of 1889, which is, for the purposes of this Act, held to be within the county, Sub-section three and Subjection four of Section sixty, and Section sixty-six, of the Act of 1889, shall, so far as applicable, have effect as if such expenses were expenditure therein mentioned:
§ (12) Expenses incurred by a town council under this Part of this Act (whether under requisition from the county council or otherwise) shall be defrayed out of the public health general assessment, but shall not be reckoned in any calculation as to the statutory limit of that assessment; and references to the borough fund or borough rate shall be construed accordingly:
§ (13) The expression "borough" and the expression "urban district" mean a burgh or police burgh within the meaning of the Act of 1889, and the expressions "rural district" and "council of a rural district," unless inconsistent with the context, mean respectively a district of a county within the meaning of the said Act and the district committee thereof:
772§ (14) The expression "Lord Chief Justice," in reference to questions or disputes arising between the Insurance Office and a society whose head office or principal place of business is in Scotland, means the Lord President of the Court of Session:
§ (15) The expression "County Court" means the Sheriff Court; and in lieu of an appeal from the County Court upon any question of law there shall be substituted an appeal from the sheriff upon any question of law in terms of Sub-section (17) (b) of the Second Schedule to the Workmen's Compensation Act, 1906; provided that the decision of either division of the Court of Session on such appeal shall be final:
§ (16) The expression "workhouse" means poorhouse; "coverture" means marriage; "levy any distress or execution upon" means use any diligence in respect of; "ejectment" means removing; "amount of judgment debt" means amount decerned for; "Public Health Acts" means the Public Health (Scotland) Acts; and "High Court" means Court of Session.
§ Amendments made: In Sub-section (1), after the word "Commissioners" ["and the Scottish Insurance Commissioners shall be appointed by the Treasury"], insert instead thereof the words "of whom one at least shall be a duly qualified medical practitioner."
§ Leave out the word "foregoing" ["powers and duties as are by the foregoing provisions of this Act conferred"].
§ In Sub-section (2), leave out the words "in respect of" ["all sums received in respect of contributions"], and insert instead thereof the word "from."
§ Leave out the word "Scotland" ["contributions in Scotland"].
§ After the word "Act" ["contributions in Scotland under this Part of the Act"], insert the words "in respect of insured persons resident in Scotland."
§ Leave out the words "which are administered in Scotland," and insert instead thereof "to such persons."
§ Leave out the second word "the" ["health committees for the purposes of the benefits administered by them in Scotland"], and insert instead thereof the word "such."
773§ Leave out the words "administered by them in Scotland."
§ Leave out Subjection (3).
§ In Sub-section (5), after the word "upwards" ["population of twenty thousand or upwards"], insert the words "and includes the burgh of Dumfries and the police burgh of Maxwelltown, as if they were a single burgh."
§
At the end of Sub-section (5) insert,
Provided that references to the council of a county borough shall, in the case of Dumfries and Maxwelltown, be construed as references to a joint committee of the town councils thereof which shall from time to time be appointed subject to the provisions of Section seventy-six of the Act of 1889.
§ In Sub-section (6), after the word "Clackmannan," insert the word "and."
§ Leave out the words "and (c) the counties of Peebles and Selkirk."
§ In Sub-section (8), leave out the word "auxiliary," and insert instead thereof the word "district."
§
In Sub-section (10) insert,
(e) A person appointed in terms of Section fifty-nine of this Act to hold an inquiry shall report to the authority appointing him, and any further action following on such inquiry which, in accordance with the provisions of that Section, is to be or may be taken by the person making the inquiry, shall not be taken by him, but may be taken by that authority after consideration of the report, and that Section shall be read and construed accordingly.
§
In Sub-section (14), at the end, insert,
Provided that the population limit prescribed for boroughs and urban districts in the Sub-section of this Act relating to the appointment of district committees for these areas shall not apply.
§ In Sub-section (16), leave out the word "upon" ["levy any distress or execution upon "].
§ Leave out the words "in respect of" ["any diligence in respect of"].
§ Leave out the word "for" ["'amount of judgment debt' means amount decerned for"], and insert instead thereof the words "'registrar of the county court' means court exercising jurisdiction in the 774 proceedings; 'public elementary school' means public school."
§ After the word "Acts" ["Public Health (Scotland) Acts"], insert the figures "1897 and 1907."
§
At the end of the Clause, insert,
(17) Unless inconsistent with the context, references to The Elementary School Teachers' Superannuation Act, 1898, to the deferred annuity fund under that Act, and to the Board of Education, shall be construed, respectively, as references to Section fourteen of The Education (Scotland) Act, 1908, and a scheme thereunder, to the Scottish Teachers' Superannuation Fund, and to the Scotch Education Department. — [Mr. Lloyd George.]