WORKMEN'S COMPENSATION ACT, 1934

62 Substitution of liability under scheme for liability under Act.

62.—(1) If the Registrar of Friendly Societies in Saorstát Eireann (in this section referred to as the Registrar) after taking steps to ascertain the views of the employer and workman, certifies—

• (a) that any scheme of compensation, benefit or insurance for the workmen of an employer in any employment, whether or not such scheme includes other employers and their workmen, provides scales of compensation not less favourable to the workmen and their dependants than the corresponding scales contained in this Act, and

• (b) that, where the scheme provides for contributions by the workmen, the scheme confers benefits at least equivalent to those contributions, in addition to the benefits to which the workmen would have been entitled under this Act; and

• (c) that a majority (to be ascertained by ballot) of the workmen to whom the scheme is applicable are in favour of such scheme;

the employer may, whilst the certificate is in force, contract with any of his workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable in respect of those workmen only in accordance with the scheme.

• (2) The Registrar may give a certificate to expire at the end of a limited period of five years, and may from time to time renew with or without modification such a certificate to expire at the end of the period for which it is renewed.

• (3) No scheme shall be so certified which contains an obligation upon the workmen to join the scheme as a condition of their hiring, or which does not contain provisions enabling a workman to withdraw from the scheme.

• (4) The Registrar shall not certify, or renew a certificate of, any such scheme unless he is satisfied that adequate provision is made to secure the discharge of liabilities arising under the scheme, both during the currency of the scheme and after the scheme is revoked or expires, so far as there may be any liabilities outstanding at the date of revocation or expiry.

• (5) If complaint is made to the Registrar by or on behalf of the workmen of any employer that the benefits conferred by any scheme no longer conform to the conditions stated in sub-section (1) of this section, or that the provisions of such scheme are being violated, or that the scheme is not being fairly administered, or that satisfactory reasons exist for revoking the certificate, the Registrar shall examine into the complaint, and, if satisfied that good cause exists for such complaint, shall, unless the cause of complaint is removed, revoke the certificate.

• (6) When a certificate is revoked or expires, any moneys or securities held for the purpose of the scheme shall, after due provision has been made to discharge the liabilities already accrued, be distributed as may be arranged between the employer and workmen, or as may be determined by the Registrar in the event of a difference of opinion.

• (7) Whenever a scheme has been certified as aforesaid, it shall be the duty of the employer to answer all such inquiries and to furnish all such accounts in regard to the scheme as may be made or required by the Registrar.

• (8) Where a scheme certified under this Act provides for payment of compensation by a friendly society, the following provisions of the Friendly Societies Act, 1896, that is to say, the proviso to sub-section (1) of section 8, section 16, and section 41, shall not apply to such society in respect of such scheme.

• (9) The Registrar shall include in his annual report the particulars of his proceedings under this Act.

• (10) The Registrar may make regulations for the purpose of carrying this section into effect.

63 Saving as respects fines under Mines and Factories Acts.

63.—Nothing in this Act shall affect any proceeding for a fine under the enactments relating to mines, factories or workshops, or the application of any such fine.

PART VIII. Application of this Act to Special Classes of Persons.

64 Application to workmen in the employment of the State.

64.—(1) This Act applies to workmen employed by or under the State to whom this Act would apply if the employer were a private person and, for the purposes of such application, the following provisions shall have effect, that is to say:—

• (a) the Minister for Finance shall be deemed to be the employer, and

• (b) notwithstanding anything in any other enactment, proceedings under this Act may be brought against the said Minister without obtaining the fiat of the Attorney-General.

• (2) The Minister for Finance may, by warrant laid before each House of the Oireachtas, modify for the purposes of this Act the warrant made under section 1 of the Superannuation Act, 1887, and may notwithstanding anything in that Act, or any such warrant, frame schemes with a view to their being certified by the Registrar of Friendly Societies in Saorstát Eireann under this Act.

65 Application to men being trained or engaged in rescue work in mines.

65.—(1) When provision has been made in pursuance of regulations under the Coal Mines Act, 1911, or under any order which has effect as if made under that Act, for the formation or training of a rescue brigade, any accident caused to a workman employed in or about a mine to which that Act applies, who is with the consent of his employer being trained as a member of the rescue brigade, and arising out of and in the course of his training, shall, for the purpose of this Act, be deemed to arise out of and in the course of his employment in the mine.

• (2) Any workman engaged in any rescue work or ambulance work at any such mine shall for the purposes of this Act, be deemed while so engaged to be employed by the owner of the mine, as defined by the Coal Mines Act, 1911.

66 Application of Act to crews of certain ships.

66.—(1) This Act applies to masters, seamen and apprentices to the sea service and apprentices in the sea-fishing service who are workmen within the meaning of this Act and are members of the crew of any ship to which this section applies, subject to the following modifications, that is to say:—

• (a) the notice of accident may, except where the person injured is the master, be given to the master of the ship as if he were the employer, but where the accident happened and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident;

• (b) the provisions of sub-sections (1) and (2) of section 29 (which relates to notices of accidents in mines and factories) of this Act shall apply to ships and the masters thereof in like manner as it applies to factories and the occupiers thereof;

• (c) in case of the death of the master, seaman or apprentice, proceedings to recover compensation shall be commenced within six months after news of the death by accident has been received by the claimant;

• (d) where—

• (i) an injured master, seaman, or apprentice is discharged or left behind in any country outside Saorstát Eireann, and

• (ii) proceedings are taken under this Act by or in respect of such master, seaman or apprentice, and

• (iii) the deposition of any witness respecting the circumstances and nature of the injury has been taken in any such country on oath by a person entitled by the law to take in that country affidavits for use in matters before the High Court, and

• (iv) such deposition purports to be sealed with the seal and to have affixed thereto the signature of such person,

such deposition shall, upon due proof that such witness is not in Saorstát Eireann, be received in such proceedings as prima facie evidence of the matters stated therein without proof of the seal or signature of such person or of the status or official character of such person;

• (e) in the case of the death of a master, seaman or apprentice leaving no dependants, no compensation shall be payable if the owner of the ship is, under the Merchant Shipping Act, 1894, liable to pay the expenses of burial;

• (f) the weekly payment shall not be payable in respect of the period during which the owner of the ship is, under the Merchant Shipping Act, 1894, as amended by any subsequent enactments, or otherwise, liable to defray the expenses of the injured master, seaman or apprentice;

• (g) any sum payable by way of compensation by the owner of a ship under this Act shall be paid in full notwithstanding anything in section 503 of the Merchant Shipping Act, 1894, but the limitation on the owner's liability imposed by that section shall apply to the amount recoverable by way of indemnity under section 61 (which relates to remedies both against employer and stranger) of this Act, as if the indemnity were damages for loss of life or personal injury;

• (h) sub-sections (2) and (3) of section 174 of the Merchant Shipping Act, 1894, shall apply as respects proceedings for the recovery of compensation by dependants of masters, seamen and apprentices lost with their ship as they apply with respect to proceedings for the recovery of wages due to seamen and apprentices, and proceedings for the recovery of compensation shall in such case be maintained if they are commenced within 18 months of the date at which the ship is deemed to be lost with all hands.

• (2) This Act shall not by virtue of the immediately preceding sub-section apply to such members of the crew of a fishing boat which is a ship to which this section applies as are remunerated wholly or mainly by shares in the profits or the gross earnings of the working of such boat.

• (3) For the purposes of this section a pilot to whom the Pilotage Act, 1913, applies shall when employed on any ship to which this section applies be deemed to be a seaman and a member of the crew of such ship.

• (4) This section applies to—

• (a) every ship registered in Saorstát Eireann under the Merchant Shipping Acts, and also

• (b) every ship not so registered which complies with the following conditions, namely—

• (i) either is a ship qualified for registry in Saorstát Eireann under the Merchant Shipping Acts, or a ship qualified for registry outside Saorstát Eireann under the said Acts, or a ship registered outside Saorstát Eireann under the said Acts; and

• (ii) is a ship of which the owner, or (if there is more than one owner) the managing owner, or the manager resides or has his principal place of business in Saorstát Eireann.

67 Application of Act to persons (other than seamen) employed on certain ships.

67.—This Act applies to any person not being a master, seaman or apprentice to the sea service or the sea fishing service, employed on board any ship to which the immediately preceding section applies, if he is so employed for the purposes of such ship or of any passengers or cargo or mails carried by such ship and if he is otherwise a workman within the meaning of this Act.

68 Extension of Act to certain share-fishermen.

68.—(1) Subject to the provisions of this section, this Act shall not apply to such members of the crew of a fishing boat as are remunerated wholly or mainly by shares in the profits or gross earnings of the workings of such boat.

• (2) The Minister may by order under this section declare that this Act, subject to such modifications as may be specified in such order, shall apply to such members of the crew of a fishing boat as are remunerated wholly or mainly by shares in the profits or the gross earnings of the workings of such boat, and whenever such an order is made and has come into force this Act shall with such modifications as are specified in such order, apply to such members.

• (3) An order under this section shall not come into force until it has been laid before each House of the Oireachtas for a period of not less than twenty-one days during which that House has sat, and if during that period either House passes a resolution against such order or any part thereof, no further proceedings shall be taken thereon, but without prejudice to the making of a new order.

69 Detention of ships.

69.—(1) If it is alleged that the owners of any ship are liable as such owners to pay compensation under this Act, and at any time that ship is found in any port or river of Saorstát Eireann or within three miles of the coast thereof, a judge of the High Court or Circuit Court may, upon its being shown to him by any person applying in accordance with the Rules of the Court that the owners are probably liable as such to pay such compensation,

and that none of the owners reside in Saorstát Eireann, issue an order directed to any officer of customs and excise or other person named by the judge requiring him to detain the ship until such time as the owners, agent, master, or consignee thereof have paid such compensation, or have given security, to be approved by the judge, to abide the event of any proceedings that may be instituted to recover such compensation and to pay such compensation and costs as may be awarded thereon; and any officer of customs and excise or other person to whom the order is directed shall detain the ship accordingly.

• (2) In any legal proceeding to recover such compensation, the person giving security shall be made defendant, and the production of the order of the judge, made in relation to the security, shall be conclusive evidence of the liability of the defendant to the proceeding.

• (3) Where a complaint is made to the Minister that before an application can be made under this section the ship in respect of which the application is to be made will have departed from the limits within which she can be arrested, the ship shall, if the Minister so directs, be detained for such time as will allow the application to be made and the result thereof to be communicated to the officer or person detaining the ship, and that officer or person shall not be liable for any costs or damages in respect of the detention, if made in accordance with the directions of the Minister.

• (4) Section 692 of the Merchant Shipping Act, 1894, shall apply to the detention of a ship under this Act as it applies to the detention of a ship under that Act, and, if the owner of a ship is a corporation, it shall for the purposes of this section be deemed to reside in Saorstát Eireann if it has an office in Saorstát Eireann at which service can be effected.

• (5) Where a ship has been demised to charterers, the provisions of this section shall apply to claims against the charterers of the ship as they apply to claims against the owners of a ship with the substitution of charterers for owners; subject however to this provision, namely, that no ship shall be detained on a claim against the charterers of the ship after the expiration of the term for which the ship is demised to them.

70 Conventions with other States.

70.—Where any Convention providing for reciprocity in matters relating to compensation to workmen for injuries by accident has been entered into by or on behalf of Saorstát

Eireann with any other State, or any Convention providing for reciprocity in matters relating to compensation to workmen for injuries by accident of the International Labour Organisation of the League of Nations has been duly ratified by or on behalf of Saorstát Eireann and any other State, it shall be lawful for the Executive Council by order to make provision in relation to all or any of the following matters—

• (a) the modification of this Act in its application to cases affected by such Convention, so, however, as not to alter the amount of the compensation in any case to which this Act may apply;

• (b) the determination, in cases where rights to compensation accrue both under this Act and under the law of such other State of the question whether the workman shall be entitled to recover compensation under this Act or under the law of such other State;

• (c) the conferring on the Court powers for the admission of evidence taken outside Saorstát Eireann and the procuring and taking of evidence for use outside Saorstát Eireann, or otherwise for the purpose of facilitating proceedings for the recovering of compensation under the respective laws in Saorstát Eireann and such other State.

• (2) In particular, but without derogating from the generality of the provisions of the foregoing sub-section, any order made under this section may make such modifications in this Act in its application to workmen who are French citizens as appear to the Executive Council to be necessary to give effect to a Convention (a copy whereof is set out in the Schedule to the Workmen's Compensation (Anglo-French Convention) Act, 1909) signed at Paris on the third day of July, nineteen hundred and nine, and this Act shall apply to such workmen subject to the modifications contained in such order.

PART IX. Administrative Provisions.

71 Transfer of compensation for administration in another State.

71.—(1) Where under any law from time to time in force in any other State compensation is payable in respect of injuries to workmen, it shall be lawful for the Executive Council to enter into a provisional arrangement with the Government of such other State whereby sums awarded in such other State under such law to persons resident or becoming resident in Saorstát Eireann may be transferred to and administered by the Judge of the Circuit Court appointed by Rules of Court and sums awarded in Saorstát Eireann as compensation under this Act to persons resident or becoming resident in such other State may be transferred to and administered by a competent authority in such other State.

• (2) Whenever any such provisional arrangement is entered into it shall be lawful for the Executive Council by order to give statutory effect to such provisional arrangement and thereupon such provisional arrangement shall, as from the date of such order or any later date specified in such order, but subject to the provisions of this section, have effect as if enacted in this section.

• (3) An order made by the Executive Council under this section shall only have effect by virtue of this section if and so long as the arrangement to which such order relates, in so far as it relates to the transfer of sums awarded in the other State with which such arrangement is made under the law relating to compensation in respect of injuries to workmen to persons resident or becoming resident in Saorstát Eireann to the Court in Saorstát Eireann, has the effect of law in such other State.

• (4) Whenever an order is made by the Executive Council under this section Rules of Court may provide—

• (a) for the transfer, in such manner as may be provided by the arrangement to which such order relates, to the State with which such arrangement is made of any money paid into Court under this Act and rules made thereunder, as applicable for the benefit of any person resident in or about to reside in such State;

• (b) for the receipt and administration by the Court of any money which under any such arrangement has been transmitted from such State as money applicable for the benefit of any person resident or about to reside in Saorstát Eireann.

72 Prohibition against charging or assigning weekly payments.

72.—A weekly payment payable under this Act or any scheme certified under this Act or any sum payable under an order of the Court redeeming a weekly payment or under a redemption agreement, a commutation agreement or an agreement by way of compromise shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against the same.

73 Payment for medical or surgical treatment.

73.—Where—

• (a) compensation is payable under this Act in respect of an injury to a workman, and

• (b) such workman has received, whether in hospital or elsewhere, medical or surgical treatment in respect of such injury, and

• (c) any fees are due by such workman to a medical practitioner in respect of such treatment, and

• (d) such compensation is fixed by an order of the Court or under a weekly payment agreement, commutation agreement or an agreement by way of compromise registered by order of the Court under Part VI of this Act,

the Court may, if it so thinks fit, upon the application of such medical practitioner made immediately upon the making of such order, direct the employer to pay, in addition to the compensation, to such medical practitioner in respect of such fees such sum, not exceeding five pounds, as the Court may fix, and if such direction is given the payment by the employer to such medical practitioner of the sum so fixed shall be deemed to be a payment by such workman to such medical practitioner in respect of such fees.

74 Returns by employers.

74.—(1) Every employer in any prescribed industry shall on or before the prescribed day in every prescribed year send to the Minister a correct return specifying the number of injuries in respect of which compensation has been paid by him under this Act during the previous year the amount of such compensation and such other particulars as may be prescribed.

• (2) If any employer in any prescribed industry makes default in complying with this section he shall be guilty of an offence under this section and be liable on summary conviction thereof to a fine not exceeding five pounds.

75 Amendment of section 18 of the Coal Mines Act, 1911.

75.—Paragraph (b) of sub-section (1) of section 18 of the Coal Mines Act, 1911 is hereby amended by the substitution of the words ‘and disabled, for more than three days, any person employed in or about the mine from earning full wages at the work at which he was employed’ for the words ‘and disabled, for more than seven days, any person employed in or about the mine from working at his ordinary work’ now contained therein, and the said section shall be construed and have effect accordingly.

PART X. Application of Act to Certain Industrial Diseases.

76 Application of Act to industrial diseases.

76.—(1) Where—

• (a) the certifying surgeon appointed under the Factory and Workshop Act, 1901, for the district in which a workman is employed certifies that such workman is suffering from a disease (in this Act referred to as a scheduled disease) mentioned in the first column of the Sixth Schedule to this Act and is thereby disabled from earning full wages at the work at which he was employed; or

• (b) a workman is, in pursuance of any special rules or regulations made under the Factory and Workshop Act, 1901, suspended from his usual employment on account of having contracted any scheduled disease; or

• (c) the death of a workman is caused by any scheduled disease;

and such disease is due to the nature of any employment in which such workman was employed at any time within the twelve months previous to the date of such disablement or suspension, whether under one or more employers, such workman or, in case of his death, his dependants shall be entitled to compensation under this Act as if such disease or such suspension as aforesaid were a personal injury by accident arising out of and in the course of such employment, subject, however, to the following modifications, that is to say:—

• (i) such disablement or suspension shall be treated as the happening of the accident;

• (ii) if it is proved that such workman has at the time of entering such employment wilfully and falsely represented himself in writing as not having previously suffered from such disease, compensation shall not be payable;

• (iii) the compensation shall be recoverable from the employer who last employed such workman during the said twelve months in the employment to the nature of which the disease was due, subject, however, as follows:—

I. Such workman or his dependants, if so required, shall furnish that employer with such information as to the names and addresses of all the other employers who employed him during the said twelve months as he or they may possess, and if such information is not furnished, or is not sufficient to enable that employer to take proceedings under the next following sub-paragraph, that employer upon proving that such disease was not contracted whilst such workman was in his employment shall not be liable to pay compensation;

II. if that employer alleges that such disease was in fact contracted whilst such workman was in the employment of some other employer and not whilst in his employment, he may join such other employer as a party to the proceedings, and if such allegation is proved that other employer shall be the employer from whom the compensation is to be recoverable;

and

III. if such disease is of such a nature as to be contracted by a gradual process, any other employers who during the said 12 months employed such workman in the employment to the nature of which such disease was due shall be liable to make to the employer from whom compensation is recoverable, such contributions, as in default of agreement, may be determined by the Court in the proceedings before the Court for settling the amount of the compensation, or if the amount of such compensation is determined by agreement, as may be determined by the Court;

• (iv) the amount of such compensation shall be calculated with reference to the earnings of such workman under the employer from whom the compensation is recoverable;

• (v) the employer to whom notice of the death, disablement or suspension of such workman is to be given shall be the employer who last employed such workman during the said 12 months in the employment to the nature of which such disease was due, and such notice may be given notwithstanding that such workman has voluntarily left his employment;

• (vi) if an employer or workman is aggrieved by the action of a certifying or other surgeon in giving or refusing to give a certificate of disablement or in suspending or refusing to suspend a workman for the purpose of this section, the matter shall in accordance with regulations made by the Minister be referred to a medical referee whose decision shall be final and the medical referee when deciding the matter shall certify as to the condition of the workman at the time when he is examined by him, and such certificate of such medical referee shall be final and conclusive.

• (2) For the purposes of this section the date of the disablement shall be such date as the certifying surgeon certifies as the date on which such disablement commenced or, if he is unable to certify such date, the date on which the certificate is given, subject however as follows:—

• (a) where the medical referee allows an appeal against a refusal by a certifying surgeon to give a certificate of disablement, the date of disablement shall be such date as the medical referee may determine;

• (b) where a workman dies without having obtained a certificate of disablement, or is at the time of his death not in receipt of a weekly payment on account of disablement, the date of disablement shall be the date of the death of such workman.

• (3) The Minister may from time to time by order under this section extend the provisions of this section to other diseases and other processes and to injuries due to the nature of any employment specified in such order not being injuries by accident, either without modifications or subject to such modifications as he may think fit.

• (4) Nothing in this section shall be construed to affect the rights of a workman to recover compensation in respect of a disease to which this section does not for the time being apply, if such disease is a personal injury by accident within the meaning of this Act.

77 Supplemental provisions as to industrial diseases.

77.—(1) If the workman at or immediately before the date of such disablement or suspension as is mentioned in the foregoing section was employed in any process mentioned in the second column of the Sixth Schedule to this Act, and the disease contracted is the disease in the first column of that Schedule set opposite the description of the process, the disease, except where the certifying surgeon certifies that in his opinion the disease was not due to the nature of the employment, shall be deemed to have been due to the nature of that employment unless the employer proves the contrary.

• (2) Where a workman claims to be suffering from and disabled by a disease to which the foregoing provisions of this Part of this Act apply, the employer may agree with the workman that he is liable to pay compensation without requiring the workman to obtain the certificate of the certifying surgeon mentioned in those provisions, and thereupon the workman shall be entitled to compensation as for injury by accident from the date of the agreement or from such other date as may be agreed.

• (3) In such cases, and subject to such conditions as the Minister may direct, a medical practitioner appointed by the Minister for the purpose shall have the powers and duties of a certifying surgeon under the foregoing provisions of this Part of this Act, and those provisions shallbe construed accordingly.

• (4) The Minister may with the consent of the Minister for Finance make rules regulating the duties and fees of certifying and other surgeons (including, dentists) under the foregoing provisions of this Part of this Act.

78 Mutual insurance of employers engaged in industries.

78.—(1) Where, after inquiry held on the application of any employers or workmen engaged in any industry to which the foregoing provisions of this Part of this Act apply it appears that a mutual trade insurance company or society for insuring against the risks under those provisions has been established for the industry, and that a majority of the employers engaged in that industry are insured against such risks in the company or society and that the company or society consents, the Minister may, by Provisional Order, require all employers in that industry to insure in the company or society upon such terms and under such conditions and subject to such exceptions as may be set forth in the Order.

• (2) Where such company or society has been established but is confined to employers in any particular locality or of any particular class, the Minister may for the purposes of this section treat the industry, as carried on by employers in that locality or of that class, as a separate industry.

• (3) A Provisional Order made under this section shall be of no force whatever unless and until it is confirmed by Act of the Oireachtas and if, while the Bill confirming any such Order is pending in either House of the Oireachtas, a petition is presented against the Order, the Bill may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of Private Bills, and any Act confirming any Provisional Order under this section may be repealed, altered, or amended by a Provisional Order made and confirmed in like manner.

79 Power by scheme to apply Act to workmen suffering from silicosis.

79.—(1) The Minister may by scheme provide for the payment of compensation by the employers of workmen in any specified industry or process or group of industries or processes involving exposure to silica dust—

• (a) who are certified in such manner as may be appointed by the scheme to have suffered death or total disablement from the disease known as fibroid phthisis or silicosis of the lungs (in this section referred to as silicosis) or from that disease accompanied by tuberculosis; or

• (b) who, though not totally disabled, are found on medical examination to be suffering from silicosis, or from silicosis accompanied by tuberculosis, to such a degree as to make it dangerous to continue work in the industry or process, and are for that reason suspended from employment.

• (2) The scale of compensation fixed by the scheme in the case of death or total disablement due to silicosis or silicosis accompanied by tuberculosis shall be that fixed by this Act and in any other case shall be such as may be fixed by the scheme.

• (3) Provision may be made by the scheme—

• (a) for the establishment of a general compensation fund, to be administered either through a mutual trade insurance company or society of employers, or in such other manner as may be provided by the scheme;

• (b) for requiring employers to subscribe to the fund, and for the recovery of such subscriptions, and for the payment and recovery out of the fund of all compensation under the scheme, and of any expenses arising under the scheme which are directed by the scheme to be so paid, subject to such exceptions in special cases as may be made by the scheme;

• (c) for the settlement of claims and other matters arising under the scheme by committees representative of both employers and workmen, with an independent chairman, and for the procedure to be adopted before such committees;

• (d) for the appointment and remuneration of medical officers, medical boards and advisory medical bodies, and for their duties and powers in connection with the scheme;

• (e) for requiring workmen to whom the scheme applies:—

• (i) to submit themselves to such periodical medical examination as may be specified in the scheme; and

• (ii) to furnish such information with respect to their previous employment in any industry specified in the scheme, as involving exposure to silica dust as may be specified in the scheme;

and for making the right of the workmen to compensation conditional on compliance with such requirements, and for the suspension from employment of workmen who are found at any time to be suffering from silicosis or tuberculosis, or silicosis accompanied by tuberculosis, or who, when first medically examined in pursuance of the scheme, are found unsuitable for work in the industry or process by reason of their failure to satisfy such requirements with respect to physique as may be prescribed by the scheme; and

• (f) for the application with the necessary modifications of any of the provisions of this Act, or of any enactment relating to compensation thereunder, and for defining the industries or processes to which the scheme applies; and generally for such further or supplemental matters, including provisions as to the determination of disputes arising between employers and the authority administering the fund, as appear necessary for giving full effect to the scheme.

• (4) Any scheme made under this section may be extended or varied by any subsequent scheme made in the like manner, and shall have effect as if enacted in this Act.

• (5) Every scheme made under this section shall be laid before each House of the Oireachtas forthwith, and if a resolution is passed by either House within the next subsequent 21 days on which that House sits next after any such scheme is laid before it that such scheme be annulled, such scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

FIRST SCHEDULE. Enactments Repealed.

Part I.

Session and Chapter or Number and Year	Short Title	Extent of Repeal
6 Edw. VII., c. 58.	The Workmen's Compensation Act, 1906.	The whole Act so far as unrepealed.
9 Edw. VII., c. 16.	The Workmen's Compensation (Anglo-French Convention) Act, 1909.	The whole Act.
1 & 2 Geo. V., c. 50.	The Coal Mines Act, 1911.	Section 110.
8 & 9 Geo. V., c. 8.	The Workmen's Compensation (Illegal Employment) Act, 1918.	The whole Act.
8 & 9 Geo. V., c. 14.	The Workmen's Compensation (Silicosis) Act, 1918.	The whole Act.

Part II.

Session and Chapter	Short Title	Extent of Repeal
7 & 8 Geo. V., c. 42.	The Workmen's Compensation (War Addition) Act, 1917.	The whole Act.
9 & 10 Geo. V., c. 83.	The Workmen's Compensation (War Addition) Amendment Act, 1919.	The whole Act.

SECOND SCHEDULE. Rules for Computation of Compensation in Fatal Cases.

• (a) subject to the provisions of paragraph (b) of this rule, the adults' lump sum shall be whichever of the following sums is the greater, that is to say:—

• (i) the sum of £200, or

• (ii) a sum equal to whichever of the following sums is the less, that is to say:—

I. the sum of £300,

II. a sum equal to the earnings of such workman in the employment of the same employer during the three years next preceding the injury which resulted in his death or, if the period of such workman's employment by the said employer has been less than the said three years, then a sum equal to one hundred and fifty six times the average weekly earnings of such workman during the period of his actual employment under the said employer;

• (b) where the adults' lump sum if calculated in accordance with paragraph (a) of this rule would exceed £200, and any weekly payments have been made to the workman before his death the adults' lump sum shall be whichever is the greater of the two following sums, that is to say:—

• (i) the sum of £200;

• (ii) the difference between the adults' lump sum if calculated in accordance with the said paragraph (a) and the amount of such weekly payments.

• (a) the children's lump sum shall not in any case exceed six hundred pounds;

• (b) where the compensation consists of both the children's lump sum and the adults' lump sum, and there is one juvenile dependant only, the children's lump sum shall be a sum equal to the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which such juvenile dependant will attain the age of fifteen years;

• (c) where the compensation consists of both the children's lump sum and the adults' lump sum and there are two or more juvenile dependants, the following provisions shall have effect, that is to say:—

• (i) in case there are two juvenile dependants only, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calender months between the date of the death of the workman and the date on which the elder of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the elder of such juvenile dependants will attain the age of fifteen years, and the date on which the younger of such juvenile dependants will attain that age;

• (ii) in case there are three juvenile dependants only, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calender months between the date on which the eldest of such juvenile dependants will attain the age of fifteen years and the date on which the second of such juvenile dependants will attain that age, and

III. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the second of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age;

• (iii) in case there are four juvenile dependants only, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £4 3s. 4d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date on which the eldest of such juvenile dependants will attain the age of fifteen years and the date on which the second of such juvenile dependants will attain that age, and

III. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calendar months between the date on which the second of such juvenile dependants will attain the age of fifteen years and the date on which the third of such juvenile dependants will attain that age, and

IV. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the third of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age;

• (iv) in case there are five or more juvenile dependants, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £4 3s. 4d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of the four youngest of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date on which the eldest of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the second of the four youngest of such juvenile dependants will attain that age, and

III. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calendar months between the date on which the second of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the third of the four youngest of such juvenile dependants will attain that age, and

IV. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the third of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age;

• (d) where the compensation consists of the children's lump sum only, and there is one juvenile dependant only, the children's lump sum shall be whichever is the greater of the following amounts, that is to say:—

• (i) the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which such juvenile dependant will attain the age of fifteen years, or

• (ii) the amount of the adults' lump sum calculated under Rule 1 of this Schedule, if the compensation had been or included the adults' lump sum;

• (e) where the compensation consists of the children's lump sum only, and there are two or more juvenile dependants, the children's lump sum shall be whichever is the greater of the following amounts, that is to say:—

• (i) the amount of the children's lump sum calculated under sub-paragraph (b) of this paragraph, if the compensation had consisted of the adults' lump sum and the children's lump sum, or

• (ii) the amount of the adults' lump sum calculated under Rule 1 of this Schedule, if the compensation had been or included the adults' lump sum.

• (2) References in this Rule to the date on which a juvenile dependant will attain the age of fifteen years shall be construed as references to the date on which such juvenile dependant will, unless he previously dies, attain that age.

• (a) where the compensation in respect of the death of such workman consists of the adults' lump sum only or of the children's lump sum only, the adults' lump sum or the children's lump sum (as the case may be) shall be reduced by an amount equal to the amount paid in respect of such redemption or release;

• (b) where the said compensation consists of both the adults' lump sum and the children's lump sum, the amount paid in respect of such redemption or release shall be divided into two parts bearing to each other the same proportion as the adults' lump sum and the children's lump sum bear to each other, and an amount equal to the greater of such parts shall be deducted from the greater of such lump sums and an amount equal to the other such part shall be deducted from the lesser of such lump sums.

• (2) Where the compensation payable in respect of the death of a workman consists of the adults' lump sum and the children's lump sum, and the aggregate of the said lump sums, as reduced if the circumstances so require under paragraph (1) of this Rule, exceeds six hundred pounds, the difference between the sum of six hundred pounds and the said aggregate shall be divided into two parts, bearing to each other the same proportion as the adults' lump sum and the children's lump sum bear to each other, and an amount equal to the greater of such parts shall be deducted from the greater of such lump sums and an amount equal to the other such part shall be deducted from the lesser of such lump sums.

THIRD SCHEDULE. Rules for Computation of Amount of Weekly Payments.

the expression “pre-accident average weekly earnings” means in relation to a workman the average weekly earnings of the workman during the twelve months, immediately preceding the accident if he has been so long employed by the same employer, but if not, then for any less period immediately preceding the accident during which he has been in the employment of the same employer;

the expression “post-accident average weekly amount” in relation to a workman means the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident.

• (a) where the pre-accident average weekly earnings of the workman did not exceed one pound, a sum equal to eighty per cent. of the said earnings;

• (b) where the pre-accident average weekly earnings of the workman exceeded one pound, a sum equal to seventy-five per cent. of the said earnings or the sum of sixteen shillings, whichever of the said sums is the greater.

• (a) where the difference between the pre-accident average weekly earnings and the post-accident average weekly earnings does not exceed one pound, a sum equal to seventy-five per cent. of that difference, and

• (b) where the difference between the amount of the pre-accident average weekly earnings and the post-accident average weekly amount exceeds one pound, a sum equal to eighty per cent. of that difference.

FOURTH SCHEDULE. Table showing Price of an Annuity of £1 on a Single Life

Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Price of Annuity of £1	Price of Annuity of £1	Price of Annuity of £1	Price of Annuity of £1	Price of Annuity of £1	Price of Annuity of £1
Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Age last Birthday of Proposed Annuitant	Males	Males	Males	Females	Females	Females
					£	s.	d.	£	s.	d.
21	years				24	0	11	25	0	9
22	”				23	17	0	24	17	0
23	”				23	13	0	24	13	2
24	”				23	8	11	24	9	3
25	”				23	4	10	24	5	3
26	”				23	0	7	24	1	3
27	”				22	16	3	23	17	2
28	”				22	11	9	23	13	0
29	”				22	7	3	23	8	9
30	”				22	2	7	23	4	6
31	”				21	17	10	23	0	2
32	”				21	13	0	22	15	9
33	’				21	8	0	22	11	3
34	”				21	2	11	22	6	8
35	”				20	17	9	22	2	0
36	”				20	12	5	21	17	3
37	”				20	6	11	21	12	6
38	”				20	1	4	21	7	6
39	”				19	15	7	21	2	6
40	”				19	9	9	20	17	5
41	”				19	3	9	20	12	2
42	”				18	17	7	20	6	10
43	”				18	11	4	20	1	5
44	”				18	5	0	19	15	9
45	”				17	18	5	19	10	0
46	”				17	11	8	19	4	2
47	”				17	4	10	18	18	1
48	”				16	17	10	18	11	11
49	”				16	10	7	18	5	7

FIFTH SCHEDULE. Provisions as to Payments into Court and Investment.

• (2) References in this Schedule to the share of a juvenile dependant shall be construed—

• (a) where there are two or more juvenile dependants entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum allotted under this paragraph to each such juvenile dependant and for the time being unapplied;

• (b) where there is only one juvenile dependant entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum for the time being unapplied;

• (2) In making any order for the payment of any share or part of a share of any juvenile dependant the Court may direct that such payment shall be made in instalments of equal or unequal amounts at regular intervals or fixed dates and may order that the payment of any such instalments shall cease at the expiration of a term fixed or on the happening of an event specified in such order.

• (a) if such juvenile dependant leaves one person only under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived), the first-mentioned share shall be added to and form part of the share of such person;

• (b) if such juvenile dependant leaves two or more persons under the age of fifteen who are each entitled to a share (derived out of the children's lump sum out of which the first-mentioned share was derived) the Court shall divide and allocate the first-mentioned sum amongst such persons in proportion to their respective original shares, and the amount allocated to any such person shall be added to and form part of the original share of such person;

• (c) if such juvenile dependant leaves no person under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived) the said first-mentioned share shall be paid to the next of kin of such juvenile dependant.

SIXTH SCHEDULE. Industrial Diseases.

Description of Disease	Description of Process
(1)	(2)
Anthrax	Handling of wool, hair, bristles, hides and skins.
Lead poisoning or its sequelæ	Any process involving the use of lead or its preparations or compounds.
Mercury poisoning or its sequelæ	Any process involving the use of mercury or its preparations or compounds.
Phosphorus poisoning or its sequelæ	Any process involving the use of phosphorus or its preparations or compounds.
Arsenic poisoning or its sequelæ	Any process involving the use of arsenic or its preparations or compounds.
Ankylostomiasis	Mining.
Poisoning by benzene and its homologues, or the sequelæ.	Handling benzene or any of its homologues, or any process in the manufacture or involving the use thereof.
Poisoning by nitrous fumes or its sequelæ.	Any process in which nitrous fumes are evolved.
Dermatitis produced by dust or liquids	_
Epitheliomatous cancer or ulceration of the skin due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.	Handling or use of tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.
Cataract in glassworkers	Any process in the manufacture of glass involving exposure to the glare of molten glass.

Where regulations or special rules made under any British Statute or Act of the Oireachtas for the protection of persons employed in any industry against the risk of contracting lead poisoning require some or all of the persons employed in certain processes specified in the regulations or special rules to be periodically examined by a certifying or other surgeon, then, in the application of this Schedule to that industry, the expression “process” shall, unless the Minister otherwise directs, include only the processes so specified.