i e AT 28 of 1976 EMPLOYERS LIABILITY (COMPULSORY INSURANCE) ACT 1976

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1 i e AT 28 of 1976 EMPLOYERS LIABILITY (COMPULSORY INSURANCE) ACT 1976

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3 Employers' Liability (Compulsory Insurane) At 1976 Index i e EMPLOYERS LIABILITY (COMPULSORY INSURANCE) ACT 1976 Index Setion Page 1 Insurane against liability for employees Employees to be overed Employers exempted from insurane Certifiates of insurane Penalty for failure to insure Regulations [Repealed] Short title, extent and ommenement... 8 ENDNOTES 9 TABLE OF LEGISLATION HISTORY 9 TABLE OF RENUMBERED PROVISIONS 9 TABLE OF ENDNOTE REFERENCES 9 AT 28 of 1976 Page 3

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5 Employers' Liability (Compulsory Insurane) At 1976 Setion 1 i e EMPLOYERS LIABILITY (COMPULSORY INSURANCE) ACT 1976 Reeived Royal Assent: 15 Deember 1976 Passed: 18 January 1977 Commened: 18 January AN ACT to require employers to insure against their liability for personal injury to their employees, and for onneted purposes. 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 Insurane against liability for employees [P1969/57/1] (1) Exept as otherwise provided by this At, every employer arrying on any business in the Island shall insure, and maintain insurane, under one or more approved poliies with an authorised insurer or insurers against liability for bodily injury or disease sustained by his employees, and arising out of and in the ourse of their employment in the Island in that business, but, exept in so far as regulations otherwise provide, not inluding injury or disease suffered or ontrated outside the Island. (2) Regulations may provide that the amount for whih an employer is required by this At to insure and maintain insurane shall, either generally or in suh ases or lasses of ase as may be presribed by the regulations, be limited in suh manner as may be so presribed. (3) For the purposes of this At (a) (b) approved poliy means a poliy of insurane not subjet to any onditions or exeptions prohibited for those purposes by regulations; authorised insurer means a person or body of persons lawfully arrying on in the Island insurane business of any lass relevant 1 EDITORIAL NOTE: See endnote to setion 8 for the effet of this At. AT 28 of 1976 Page 5

6 Setion 2 Employers' Liability (Compulsory Insurane) At 1976 () (d) for the purposes of this At, and issuing the poliy or poliies in the ourse of that business; 1 business inludes a trade or profession, and inludes any ativity arried on by a body of persons, whether orporate or uninorporate; exept as otherwise provided by regulations, an employer not having a plae of business in the Island shall be deemed not to arry on business there. 2 Employees to be overed [P1969/57/2] (1) For the purposes of this At, employee means an individual who has entered into, or works under, a ontrat of servie or apprentieship with an employer whether by way of manual labour, lerial work or otherwise, whether suh ontrat is expressed or implied, oral or in writing. (2) This At shall not require an employer to insure (a) (b) in respet of an employee of whom the employer is the husband, wife, ivil partner, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother or half-sister; or 2 exept as otherwise provided by regulations, in respet of employees not ordinarily resident in the Island. 3 Employers exempted from insurane [P1969/57/3(1)()] This At shall not require any insurane to be effeted, in relation to any suh ases as may be speified in the regulations by any employer exempted by regulations. 4 Certifiates of insurane [P1969/57/4] (1) Provision may be made by regulations for seuring that ertifiates of insurane, in suh form and ontaining suh partiulars as may be presribed by the regulations, are issued by insurers to employers entering into ontrats of insurane in aordane with the requirements of this At and for the surrender, in suh irumstanes as may be so presribed, of ertifiates so issued. (2) Where a ertifiate of insurane is required to be issued to an employer in aordane with regulations under subsetion (1) above, the employer (subjet to any provision made by the regulations as to the surrender of Page 6 AT 28 of 1976

7 Employers' Liability (Compulsory Insurane) At 1976 Setion 5 the ertifiate) shall, during the urreny of the insurane and suh further period (if any) as may be provided by regulations (a) (b) () omply with any regulations requiring him to display opies of the ertifiate of insurane for the information of his employees; produe the ertifiate of insurane or a opy thereof on demand to any inspetor duly authorised by the Department of Eonomi Development for the purposes of this At, and produe or send the ertifiate, or a opy thereof, to suh other persons at suh plae and in suh irumstanes as may be presribed by regulations; 3 permit the poliy of insurane or a opy thereof to be inspeted by suh persons and in suh irumstanes as may be so presribed. (3) A person who fails to omply with a requirement imposed by or under this setion shall be guilty of an offene and shall be liable summary onvition to a fine not exeeding 1, Penalty for failure to insure [P1969/57/5] An employer who on any day is not insured in aordane with this At when required to be so shall be guilty of an offene and shall be liable on summary onvition to a fine/ not exeeding 5,000; and, where an offene under this setion ommitted by a orporation has been ommitted with the onsent or onnivane of, or failitated by any neglet on the part of, any diretor, manager, seretary or other offier of the orporation, he, as well as the orporation, shall be deemed to be guilty of that offene and shall be liable to be proeeded against and punished aordingly. 6 Regulations [P1969/57/6] (1) The Department of Eonomi Development may make regulations for any purpose for whih regulations are authorised to be made by this At, but no suh regulations shall have effet until they have been approved by Tynwald. 4 (2) Any regulations under this At may make different provision for different ases or lasses of ase, and may ontain suh inidental and supplementary provisions as appear to the Department of Eonomi Development to be neessary or expedient for the purposes of the regulations. 5 AT 28 of 1976 Page 7

8 Setion 7 Employers' Liability (Compulsory Insurane) At [Repealed] 6 8 Short title, extent and ommenement (1) This At may be ited as the Employers Liability (Compulsory Insurane) 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. (3) This At shall take effet for any purpose on suh date as the Board may by order appoint, and the purposes for whih this At is to take effet at any time may be defined by referene to the nature of an employer s business, or to that of an employee s work, or in any other way. 7 Page 8 AT 28 of 1976

9 Employers' Liability (Compulsory Insurane) At 1976 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Para (b) substituted by Insurane At 1986 Sh 5. 2 Para (a) amended by Civil Partnership At 2011 Sh Para (b) amended by by SD155/10 Sh 2. 4 Subs (1) amended by SD155/10 Sh 2. 5 Subs (2) amended by SD155/10 Sh 2. 6 S 7 repealed by GC141/90. 7 ADO (whole At) 1/4/1978 (GC36/78). AT 28 of 1976 Page 9