i e AT 8 of 1938 THE PERSONAL INJURIES (EMERGENCY PROVISIONS) ACT 1939

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1 i e AT 8 of 1938 THE PERSONAL INJURIES (EMERGENCY PROVISIONS) ACT 1939

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3 The Personal Injuries (Emergeny Provisions) At 1939 Index i e THE PERSONAL INJURIES (EMERGENCY PROVISIONS) ACT 1939 Index Setion Page 1 Allowanes and pensions in respet of ertain war injuries and war servie injuries Proedure as to shemes Relief from liability to pay ompensation or damages Redution of sik pay by amount of allowanes Information as to earnings Penalty for false statements Assignments, et to be void Interpretation Short title and ommenement... 9 ENDNOTES 11 TABLE OF LEGISLATION HISTORY 11 TABLE OF RENUMBERED PROVISIONS 11 TABLE OF ENDNOTE REFERENCES 11 AT 8 of 1938 Page 3

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5 The Personal Injuries (Emergeny Provisions) At 1939 Setion 1 i e THE PERSONAL INJURIES (EMERGENCY PROVISIONS) ACT 1939 Reeived Royal Assent: 11 Deember 1939 Passed: 20 February 1940 Commened: 3 September 1939 AN ACT to make provision as respets ertain personal injuries sustained during the period of the present emergeny. GENERAL NOTE: The maximum fines in this At are as inreased by the Fines At 1986 and by the Criminal Justie (Penalties, Et.) At 1993 s 1. 1 Allowanes and pensions in respet of ertain war injuries and war servie injuries (1) The Treasury may make a sheme, with the approval of Tynwald and in aordane with the provisions of this At, providing for the making of payments in respet of the following injuries sustained during the period of the present emergeny, namely:- (a) war injuries sustained by gainfully oupied persons (with suh exeptions, if any, as may be speified in the sheme) and by persons of suh other lasses as may be so speified; and war servie injuries sustained by ivil defene volunteers. 1 (2) In respet of any suh injury, a sheme may authorise the Treasury, in suh irumstanes and subjet to suh onditions as may be speified in the sheme, to make the following payments to or in respet of the person injured, namely: (a) payments by way of allowane (hereafter in this At referred to as injury allowanes ), whih shall be payable only so long as the person injured is inapaitated for work by the injury and has not reeived any suh payment as is mentioned in the next following paragraph; and AT 8 of 1938 Page 5

6 Setion 2 The Personal Injuries (Emergeny Provisions) At 1939 payments by way of pension or grant, whih shall be payable only where the injury auses serious and prolonged disablement or death. 2 (3) A sheme may empower the Treasury to make regulations for giving effet to the purposes of the sheme. 3 (4) Any deision of the Treasury as to the making, refusal or amount, or as to the ontinuane or disontinuane, of a payment under a sheme may be varied by a subsequent deision of the Treasury, but save in so far as it so varied shall be final and onlusive. 4 (5) All expenses inurred by the Treasury in giving effet to a sheme shall be defrayed out of moneys provided by Tynwald. 5 2 Proedure as to shemes (1) A sheme may provide that it shall ome into operation, or shall be deemed to have ome into operation, on suh date as may be speified therein. (2) A sheme may be amended or revoked by a subsequent sheme or by an order made by the Treasury with the approval of Tynwald. 6 3 Relief from liability to pay ompensation or damages (1) In respet of a war injury sustained during the period of the present emergeny by any person, and in respet of a war servie injury sustained during that period by a ivil defene volunteer, no suh ompensation or damages shall be payable whether to the person injured or to any other person, as apart from the provisions of this sub-setion (a) would be payable under the Workmen s Compensation Ats, 1919 to 1938, or the Employers Liability At, 1904, or would whether by virtue of any enatment, by virtue of any ontrat, or at ommon law, be payable (i) (ii) in the ase of a war injury, by any person; or in the ase of a war servie injury sustained by a ivil defene volunteer, by the employer of the volunteer, by any person who has any responsibility in onnetion with his duties as a volunteer or by any other ivil defene volunteer; on the ground that the injury in question was attributable to some negligene, nuisane or breah of duty for whih the person by whom the ompensation or damages would be payable is responsible. (2) The failure to give a notie or make a laim or ommene proeedings within the time required by any enatment shall not be a bar to the maintenane of proeedings in respet of any personal injury, if Page 6 AT 8 of 1938

7 The Personal Injuries (Emergeny Provisions) At 1939 Setion 4 (a) () (d) an appliation for a payment under a sheme, or under any other enatment or instrument, has been duly made to the Treasury in respet of the injury; and 7 the ourt before whih the proeedings are brought is satisfied that the said appliation was made in the reasonable belief that the injury was suh that a payment ould be made under the sheme or that other enatment or instrument as the ase may be; and the Treasury ertifies that the appliation was rejeted, or that payments made in pursuane of the appliation were disontinued, on the ground that the injury was not suh an injury; and 8 the proeedings are ommened within one month from the date of the said ertifiate of the Treasury. 9 4 Redution of sik pay by amount of allowanes Where an employee (a) is in reeipt of an injury allowane under a sheme during a period for whih he is inapaitated for work; and would, but for the provisions of this setion, be entitled to reeive a sum from his employer by way of wages or other emoluments in respet of that period; the employer shall be under no obligation to pay to him in respet of that period an amount greater than the amount by whih the said sum exeeds that allowane. 5 Information as to earnings (1) Where it is neessary, in order to determine the amount of any payment to be awarded under a sheme in respet of any injury, to asertain the earnings of the person injured in respet of any period before he sustained the injury, the Treasury may by notie in writing require (a) any person who was an employer of the injured person during that period; and any other person having any knowledge with respet to the finanial irumstanes of the injured person during that period; to furnish in aordane with the notie any information in his possession relating to those earnings or irumstanes, and to produe to any person speified in the notie any wage books, reords or other douments in his possession ontaining any entries with respet to those earnings. 10 (2) If any person AT 8 of 1938 Page 7

8 Setion 6 The Personal Injuries (Emergeny Provisions) At 1939 (a) fails to omply with the requirements of any suh notie; or in purported ompliane with any suh notie, knowingly or reklessly makes any untrue statement or untrue representation, or produes any doument whih is false in a material partiular or alulated to deeive; he shall be liable on summary onvition to a fine not exeeding Penalty for false statements Any person who, for the purpose of obtaining a payment under a sheme, either for himself or for any other person, knowingly makes any untrue statement or untrue representation, shall be liable on summary onvition to imprisonment for a term not exeeding three months. 7 Assignments, et to be void Any assignment of, or harge on, and any agreement to assign or harge, any payment awarded or to be awarded under a sheme shall be void, and, on the bankrupty of any person to whom suh a payment has been awarded, the payment shall not pass to any trustee or other person ating on behalf of the reditors. 8 Interpretation (1) In this At unless the ontext otherwise requires ivil defene organisation means any organisation (inluding the Loyal Manx Assoiation) established for ivil defene purposes whih is delared by a sheme to a ivil defene organisation for the purposes of this At and the sheme; ivil defene volunteer in relation to an injury means a person ertified by a responsible offier of a ivil defene organisation to have been a member of that organisation at the time when the injury was sustained; the Department [Repealed] 11 gainfully oupied person means a person who is engaged in any trade, business, profession, offie, employment or voation and is wholly or substantially dependent thereon for a livelihood, or a person who, though temporarily unemployed, is normally so engaged and dependent; period of the present emergeny means the period beginning with the ommenement of this At, and ending with suh date as Tynwald may delare to be the date on whih the emergeny that was the oasion of the passing of this At ame to an end; sheme means a sheme made under this At; war injuries means physial injuries Page 8 AT 8 of 1938

9 The Personal Injuries (Emergeny Provisions) At 1939 Setion 9 (a) aused by (i) (ii) (iii) the disharge of any missile (inluding liquids and gas); or the use of any weapon, explosive or other noxious thing; or the doing of any other injurious at; either by the enemy or in ombating the enemy or in repelling an imagined attak by the enemy; or aused by the impat on any person or property of any enemy airraft, or any airraft belonging to, or held by any person on behalf of or for the benefit of His Majesty or any allied power, or any part of, or anything dropped from, any suh airraft; war servie injury in relation to a ivil defene volunteer, means any physial injury whih the Treasury ertifies to have been shown to its satisfation to have arisen out of and in the ourse of the performane by the volunteer of his duties as a member of the ivil defene organisation to whih he belonged at the time when the injury was sustained, and (exept in the ase of a war injury) not to have arisen out of and in the ourse of his employment in any other apaity. 12 (2) No ertifiate shall be given by the Treasury in relation to the definition of war servie injury in the foregoing sub-setion, unless it has been furnished with a report about the injury in question by a responsible offier of the ivil defene organisation of whih the volunteer onerned was a member at the time when the injury was sustained and any suh ertifiate may be revoked by the Treasury at any time on new fats being brought to its notie Short title and ommenement (1) This At may be ited as The Personal Injuries (Emergeny Provisions) At, (2) This At shall ome into operation when the Royal Assent thereto has been by the Governor announed to Tynwald and a ertifiate thereof has been signed by the Governor and the Speaker of the House of Keys and shall take effet as on and from the 3rd day of September, AT 8 of 1938 Page 9

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11 The Personal Injuries (Emergeny Provisions) At 1939 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Subs (1) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 2 Subs (2) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 3 Subs (3) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 4 Subs (4) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 5 Subs (5) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 6 Subs (2) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 7 Para (a) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 8 Para () amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 9 Para (d) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 10 Subs (1) amended by Transfer of Governor s Funtions At 1992 Sh 1 and by 11 Definition of the Department repealed by 12 Definition of war servie injury amended by Interpretation At 1976 s 16A and by AT 8 of 1938 Page 11

12 Endnotes The Personal Injuries (Emergeny Provisions) At Subs (2) amended by Transfer of Governor s Funtions At 1992 s 1 and Sh 1 and by Page 12 AT 8 of 1938