S.I. No. 101/1933 - Cork Tramways (Employees' Compensation) Act, 1933 (Regulations) Order, 1933.

STATUTORY RULES AND ORDERS. 1933. No. 101.

CORK TRAMWAYS (EMPLOYEES' COMPENSATION) ACT, 1933 (REGULATIONS) ORDER, 1933.

CORK TRAMWAYS (EMPLOYEES' COMPENSATION) ACT, 1933 (REGULATIONS) ORDER, 1933, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 30TH DAY OF AUGUST, 1933, UNDER SECTION 3 OF THE SAID ACT.

WHEREAS it is enacted by section 3 of the Cork Tramways (Employees' Compensation) Act, 1933 , that the Minister for Industry and Commerce may by order make regulations prescribing any matter or thing referred to in the said Act as prescribed or to be prescribed.

NOW, therefore, the Minister for Industry and Commerce, in exercise of the powers conferred on him by section 3 of the Cork Tramways (Employees' Compensation) Act, 1933 , and of all other powers in this behalf enabling him, by this order makes the following regulations, that is to say:—

1. In these regulations—

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "the Act" means the Cork Tramways (Employees' Compensation) Act, 1933 ;

the expression "the Committee" means the Cork Tramways (Employees' Compensation) Advisory Committee.

2. The Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The form of an application to the Minister under section 11 of the Act for compensation under the Act shall be the Form A in the Schedule to these regulations, and such application shall be made by sending such form, duly completed, by post or otherwise, to the Secretary, Transport and Marine Branch, Department of Industry and Commerce, 14 St. Stephen's Green, North, Dublin.

4. The Committee shall investigate every application which is referred to them under the Act in such manner as appears to them to be best fitted to discharge their functions under the Act and these regulations.

5. The form of a report by the Committee under section 12 of the Act shall be the Form B in the Schedule to these regulations, provided that the form of the report may be adapted by the Committee to suit the circumstances of any particular case.

6. This Order may be cited for all purposes as the Cork Tramways (Employees' Compensation) Act, 1933 , (Regulations) Order, 1933.

By Order of the Minister for Industry and Commerce.Dated this 30th day of August, 1933.

R. C. FERGUSON.

Assistant Secretary,

Department of Industry and Commerce.

___________________

FORM A.

SCHEDULE.

CORK TRAMWAYS (EMPLOYEES' COMPENSATION) ACT, 1933 .

Application for Compensation under the Act.

___________________

1. (a) I,............................................................ ............................................................

of ............................................................ ............................................................ ................

............................................................ ............................................................ .....................

claim to be entitled to compensation under the CorkTramways (Employees' Compensation) Act, 1933, and apply to the Minister for Industry and Commerce for such compensation as I may be entitled to thereunder.

II. In support of my application, I state as follows:—

(i) I was employed on the Tramway on the 31st March, 1931.

(ii) I have not received, and I am not entitled to receive, any compensation under the Electricity (Supply) Acts, 1927 to 1932.

(iii) I was employed on the Tramway, in a whole-time capacity during the following period or periods:—

............................................................ .................................................

(b) (iv) During the following period (s) I was employed by the Cork Electric Supply Company, Limited otherwise than on the Tramway:—

............................................................ .................................................

(c) (v) During the following period (s) I was temporarily absent from employment on the Tramway, and was during the whole of such period (s) engaged in service in a military force serving under the authority of the first Dáil Eireann, the second Dáil Eireann or the Provisional Government of Ireland, or the British Army, Navy, or Air Force, or in either of the opposing forces during the civil strife in the years 1922, 1923 and 1924, or was interned or imprisoned in consequence of such service.

............................................................ ...........................................

(vi) The (d)...........................rate of salary or wages which I received in respect of my employment on the Tramway, on the 31st March, 1931, was

............................................................ .....................................................

III. The foregoing statements are, to the best of my knowledge and belief, correct and complete in all respects.

Dated this day of 1933.

Signature of applicant

/images/v08p0100a.gif

............................................................ ....................................................

I, ............................................................ ............................................................

of ............................................................ ............................................................ .......

hereby declare that the applicant is known to me and that I have witnessed his signature to this form.

Dated this day of 1933.

Signature of witness (e)

/images/v08p0100b.gif

............................................................ ...................................................

Address of witness

/images/v08p0100c.gif

............................................................ ..............................................

Occupation ............................................................ ............................................................

NOTE.

This form, duly completed, must be sent by post or otherwise to the Secretary, Transport and Marine Branch, Department of Industry and Commerce, 14 St. Stephen's Green, North, Dublin, within three months after the 3rd August, 1933. Applications made after that date cannot be considered.

The consideration of claim will be expedited if accurate information is furnished in this form while wrong or misleading information will delay its consideration.

Where an applicant is claiming compensation in respect of "Army Service" his Army discharge papers (if any) should be attached to claim.

(a) The full name and address of the applicant is to be entered here.

(b) This clause should be struck out if not applicable to the applicant

(c) This clause should be struck out if not applicable to the applicant. In completing this clause the applicant should specify the service in which he was engaged in any period of absence, the rank which he held, and the unit or units with which he served; and also the dates of the commencement and end of any internment or imprisonment.

(d) State whether rate of salary or wages was weekly, monthly, yearly or otherwise.

(e) The witness should be a Clergyman, Peace Commissioner, Solicitor, Bank Manager, or other such person.

FORM B.

CORK TRAMWAYS (EMPLOYEES' COMPENSATION) ACT, 1933 .

Report by the Cork Tramways (Employees' Compensation) Advisory Committee.

Pursuant to section 12 of the Act and Regulation No. 5 of the Cork Tramways (Employees' Compensation) Act, 1933 (Regulations) Order, 1933.

Application by ............................................................ .........................................................

of ............................................................ ............................................................ ...............

dated............................................................ ............................................................ ...........

for such compensation as he may be entitled to under the Act, referred by the Minister to the Committee on...............................

The Committee hereby reports to the Minister on the above application as follows:—

1. The application was investigated by the Committee at its sittings at.......................................................

on............................................................ ............................................................ .....

2. Notice of the sittings of the Committee for the investigation of the application was given by the Committee to the following persons:—

............................................................ ............................................................ ..................

............................................................ ............................................................ ...................

3. Representations were made to the Committee by or on behalf of the following persons:—

............................................................ ............................................................ ...................

4. (a) Evidence was given before the Committee by the following witnesses:—

............................................................ ............................................................ ..................

(b) The following documents were adduced in evidence before the Committee:—

............................................................ ............................................................ ...................

5. The Committee is of opinion that the applicant is (not) a person entitled to compensation under the Act.

The following is a statement of the facts as found by the Committee on which the said opinion is based:—

............................................................ ............................................................ ..................

............................................................ ............................................................ ...................

6. The Committee, being of opinion that the applicant is a person entitled to compensation under the Act states the following facts as found by the Committee:—

(a) (i) the duration of the employment of the applicant was............................................................ ..............................

(ii) the nature of such employment was*

............................................................ .......................................................

............................................................ ........................................................

............................................................ .......................................................

(iii) other relevant particulars of such employment are:—

............................................................ ............................................................ .................

............................................................ .......................................................

(b) the amount of compensation, calculated in accordance with section 12 of the Act, payable to or in respect of the applicant, is

............................................................ .......................................................

7. The duration of the employment of the applicant, as stated in paragraph 6 above, includes the following period (s) of employment by the Cork Electric Supply Company, Ltd., otherwise than on the Tramway:—

............................................................ ............................................................ ..................

and the following period (s) of temporary absence mentioned in sub-section (2) of section 10 of the Act:—

............................................................ ............................................................ .................

............................................................ ............................................................ ..................

8. For the purpose of the calculation of the amount of compensation stated in paragraph 6 above, the Committee has found:—

(a) the rate of salary or wages of which the applicant was in receipt in respect of his employment on the Tramway on the 31st March, 1931, was:—

............................................................ ............................................................ ...

(b) the yearly amount of such salary or wages is .........................................................

............................................................ ............................................................ ...

............................................................ .......................................................

(d) the number of completed years of the applicant's employment on the Tramway is

............................................................ .......................................................

(e) one-twelfth of such yearly amount multiplied by the said number of completed years is

............................................................ .......................................................

9. The Committee submits the following general observations on the application:

............................................................ .......................................................

Signed

Chairman

Member

Dated this day of 1933.

[Extract from Iris Oifigiúil of 28th July, 1923.]