S.I. No. 35/1934 - The Unemployment Assistance (Unemployment Appeals Committee Regulations) Order, 1934.

STATUTORY RULES AND ORDERS. 1934. No. 35.

THE UNEMPLOYMENT ASSISTANCE (UNEMPLOYMENT APPEALS COMMITTEE REGULATIONS) ORDER, 1934.

THE UNEMPLOYMENT ASSISTANCE (UNEMPLOYMENT APPEALS COMMITTEE REGULATIONS) ORDER, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER THE UNEMPLOYMENT ASSISTANCE ACT, 1933 , ON THE 15th DAY OF FEBRUARY, 1934, PURSUANT TO SECTION 7 of THE UNEMPLOYMENT ASSISTANCE ACT, 1933 .

WHEREAS it is provided by Section 7 of the Unemployment Assistance Act, 1933 , that the Minister for Industry and Commerce may by order make regulations prescribing any matter or thing which is referred to in the said Act as prescribed or to be prescribed or any matter or thing which is expressly authorised by the said Act to be prescribed by regulations made by the Minister under the said Act.

AND WHEREAS there are matters or things referred to as prescribed or to be prescribed in Sections 9 (3), 11 (4) and 12 (7) of the said Act :

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by Section 7 of the Unemployment Assistance Act, 1933 , and of every and any other power him in this behalf enabling hereby orders as follows, that is to say :—

1. This Order may be cited for all purposes as the Unemployment Assistance (Unemployment Appeals Committee Regulations) Order, 1934.

2. The Interpretation Act, 1923 , applies to the interpretation of this Order and of the regulations hereby made thereunder in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The following regulations shall have effect for the purpose of the Unemployment Assistance Act, 1933 , that is to say :—

(1) In these regulations—

the expression " the Act " means the Unemployment Assistance Act, 1933 ;

the expression " the Committee " means the Unemployment Appeals Committee constituted by the Minister under the Act ;

the expression " the applicant " means a person who has duly made application for a qualification certificate under the Act ;

the expression " matter " means any application for a qualification certificate duly made under the Act, or any question arising thereon, or any question in relation to a qualification certificate after the issue of such certificate, or any determination by an unemployment assistance officer of any question which falls to be determined by him under the Act, or any refusal, revocation or amendment of a qualification certificate by an unemployment assistance officer ;

other expressions have the same meaning as they have in the Act.

(2) Each member of the Committee shall hold office at the discretion of the Minister and until his appointment is terminated by the Minister.

(3) (a) The Minister shall appoint one member of the Committee to be chairman (hereinafter referred to as " the standing chairman ") of the Committee and another member to be vice-chairman of the Committee.

(b) If at any meeting of the Committee the standing chairman is absent, the vice-chairman shall be the chairman at such meeting, and if the standing chairman and vice-chairman are both absent, the Minister may appoint a chairman for such meeting.

(4) The Minister may appoint a person to be secretary to the Committee.

(5) (a) The first meeting of the Committee shall take place at such time and place as the standing chairman may appoint.

(b) At the first or any meeting thereafter of the Committee the chairman at such meeting may appoint the time and place of the next subsequent meeting of the Committee, and if no such appointment is made, the standing chairman may at any time appoint the time and place of such subsequent meeting.

(c) Any matter which is duly referred or reported to the Committee may be considered and determined in the absence of any member or members of the Committee save the chairman at such meeting.

(d) Each member shall have one vote, but at any meeting the chairman at such meeting shall, if the votes of the members of the Committee present be equally divided on any question, have a second or casting vote.

(e) The decision of a majority of the Committee present at any meeting shall be the decision of the Committee but if at any meeting a member of the Committee dissents from a decision of the Committee such member may cause a record to be made of his dissent and the reasons therefor.

(f) The decisions at any meeting of the Committee shall be signed by the chairman of such meeting.

(g) The secretary to the Committee shall keep such record of the proceedings of meetings of the Committee as the Committee may direct and such record shall, when signed by a chairman at a subsequent meeting, be evidence of the proceedings at any such meeting.

(6) The Committee may, for the purpose of determining any matter duly referred or reported to them by an unemployment assistance officer, require such officer or any other person to furnish them with such further facts, evidence or information as the Committee deem necessary.

(7) The Committee, in considering any matter duly referred or reported to them under the Act and regulations made thereunder shall have regard to any relevant statements or facts submitted by an unemployment assistance officer, any relevant statements or facts submitted by the applicant, the holder of a qualification certificate, or other person, and any such further evidence, or information as the Committee consider sufficient for their purpose and which, in the opinion of the Committee, is the best evidence or information it is reasonably possible to obtain.

(8) (a) If the Committee, in considering any matter duly referred or reported to them under the Act and regulations made thereunder, deem it necessary or desirable to hear the evidence of any person orally, they may request such person to attend before them for the purpose of giving evidence and no other person shall, save with the permission of the Committee, be entitled to be present at any sitting of the Committee.

(b) The Committee may consider and decide any matter duly referred or reported to them for consideration and determination, notwithstanding the failure or neglect of any person to comply with any request or requirement of the Committee.

(9) Save as otherwise provided by these regulations the Committee shall determine its practice and procedure.

By Order of the Minister for Industry and Commerce.

Dated this 15th day of February, 1934.

R. C. FERGUSON,

Assistant Secretary,

Department of Industry and Commerce.