HC Deb 16 April 1918 vol 105 cc363-9

(1) The Local Government Board may make Regulations for any of the following purposes:

  1. (a) For providing for applications for or relating to certificates of exemption (in-including appeals) being made to such tribunals, constituted in such manner and for such areas, as may be authorised by the Regulations, and for authorising tribunals to act by committees or panels constituted in such manner as may be provided by the Regulations;
  2. (b) For establishing special tribunals, committees, or panels for dealing with particular classes of cases;
  3. (c) For regulating and limiting the making of such applications as aforesaid and the grant, renewal, variation, or withdrawal of certificates;
  4. (d) For determining the grounds on which such applications or any particular classes of such applications may be made and the rights of appeal;
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  6. (e) For providing for any other matters for which it may be necessary to make provision in order to secure the expeditious making and disposal of such applications.

Any Regulations made under this Sub-section shall have full effect notwithstanding anything in the provisions of the Military Service Acts, 1916 to 1918, and those provisions, so far as they are inconsistent with any Regulations so made, shall be repealed.

Any Order in Council made under this Subsection may be revoked or varied by any subsequent Order in Council.

(4) It shall be the duty of any man holding a certificate of exemption, if the certificate has been withdrawn or has ceased to be in force or if, in the case of a conditional certificate, the conditions on which the certificate was granted are no longer satisfied, forthwith to transmit the certificate to the authority by which the certificate was granted with a notification that the certificate has been withdrawn or ceased to. be in force, or that the conditions are no longer satisfied, as the case may be; and if he fails without reasonable cause or excuse to do so he shall be liable on summary conviction to a fine not exceeding fifty pounds.

(5) A man who holds a certificate of exemption (other than a certificate of exemption from combatant service only), or in respect of whom an application has been duly made for the grant or renewal of a certificate of exemp- tion, shall not be called up for service with the Colours while the certificate is in force or until the application has been disposed of, as the ease may be, but any such man may at any time be required to present himself for medical examination or re-examination.

(6) If Regulations are made under this Section determining the grounds in respect of occupation on which applications for certificates of exemption may be made, Sub-section (7) of Section two of the Military Service Act, 1918, shall, as respects certificates of exemption granted or renewed after the date on which the Regulations come into force have effect as if a reference to the grounds in respect of occupation specified in the Regulations were substituted for the reference to the grounds specified in paragraph (a) of Sub-section (1) of Section two of the Military Service Act, 1916, or (in the case of voluntarily attested men) to any similar grounds.

Amendment proposed, in Sub-section (1), after the word "Board" [The Local Government Board may make Regulations], to insert the words "or as respects Scotland, the Secretary for Scotland."—[Mr. Hayes Fisher.]

Question put, "That the Amendment be made."

Mr. BILLING (seated and covered)

On a point of Order. Having regard to the fact that time is pressing, and there is no one speaking in the House, could an hon. Member address it on a point of the utmost importance, having regard to the fact that the guillotine has been moved and prevented Members from speaking?

Mr. SPEAKER

It is not usual to address the House during a Division.

Amendment agreed to.

Further Amendments made: Leave out paragraph (d).

At end of paragraph (e), insert the words "and for any other matter for which provision may be made under paragraph 5 of the Second Schedule to the Military Service Act, 1916."

In Sub-section (1) leave out the words "Any Order in Council made under this Sub-section may be revoked or varied by any subsequent Order in Council."

At end of Sub-section (1) insert the words "Provided that nothing in this Section shall authorise the making of Regulations for altering the terms of paragraphs (a), (b), (c), or (d) of Sub-section (1) of Section two of the Military Service Act, 1916."—[Mr. Hayes Fisher.]

In Sub-section (4) leave out the words "authority by which the certificate was granted," and insert instead thereof the words "local office of the Ministry of National Service for the area in which the man is registered under the National Registration Acts, 1915 and 1918."

In Sub-section (5) leave out the words "called up" ["shall not be called up for service"], and insert instead thereof the word "liable."—[Sir A. Geddes.]

Amendment proposed, after the word "but" ["but any such man"], to insert the words "notices served for the purposes of the Reserve Forces Acts, 1882 to 1907, shall not be deemed to be invalid on the ground only that they were served before any such man become liable for service, and."—[Sir A. Geddes.]

Question put, "That the Amendment be made."

The House proceeded to a Division and Mr. SPEAKER stated that he thought the Ayes had it, and on his decision being challenged it appeared to him that the Division was frivolously claimed, and accordingly he called upon the Members who challenged his decision to rise in their places, and, several Members having accordingly risen, Mr. Speaker proceeded to name Tellers for the Division.

The House divided: Ayes, 313; Noes, 87.

Further Amendment made: Leave out Sub-section (6).—[Sir A. Geddes.]