« PreviousContinue »
14 & 15 GEORGE 5, CHAPTER 39.
the Arbitration Act, 1889 (52 & 53 Vict. c. 49), if any party to a submission made in pursuance of an agreement to which the said protocol applies, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, shall make an order staying the proceedings.
(2) This section in its application to Scotland and Northern Ireland shall have effect as if the reference to the Arbitration Act, 1889, were omitted therefrom, and in the application of this section to Scotland references to staying proceedings shall be construed as references to sisting proceedings.
2. SHORT TITLE.—This Act may be cited as the Arbitration Clauses (Protocol) Act, 1924.
PROTOCOL ON ARBITRATION CLAUSES. The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions :
1. Each of the Contracting States recognises the validity of an agreement whether relating to existing or future differences between parties, subject respectively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration all or any differences that may arise in connection with such contract relating to commercial matters or to any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.
Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any Contracting State which avails itself of this right will notify the SecretaryGeneral of the League of Nations, in order that the other Contracting States may be so informed.
2. The arbitral procedure, including the constitution of the arbitral tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place.
The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to existing differences.
3. Each Contracting State undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of arbitral awards made in its own territory under the preceding articles.
4. The tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made between persons to whom Article 1 applies and including an arbitration agreement whether referring to present or future differences which is valid in virtue of the said article and capable of being carried into effect, shall refer the parties on the application of either of them to the decision of the arbitrators.
Such reference shall not prejudice the competence of the judicial tribunals in case the agreement or the arbitration cannot proceed or become inoperative.
5. The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations, who shall notify such deposit to all the signatory States.
6. The present Protocol shall come into force as soon as two ratifications have been deposited. Thereafter it will take effect, in the case of each Contracting State, one month after the notification by the Secretary-General of the deposit of its ratification.
ARBITRATION CLAUSES (PROTOCOL) ACT, 1924.
7. The present Protocol may be denounced by any Contracting State on giving one year's notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who will immediately transmit copies of such notification to all the other signatory States and inform them of the date of which it was received. The denunciation shall take effect one year after the date on which it was notified to the Secretary-General, and shall operate only in respect of the notifying State.
8. The Contracting States may declare that their acceptance of the present Protocol does not include any or all of the undermentioned territories : that is to say, their colonies, overseas possessions or territories, protectorates or the territories over which they exercise a mandate.
The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the League of Nations shall be informed as soon as possible of such adhesions. He shall notify such adhesions to all signatory States. They will take effect one month after the notification by the SecretaryGeneral to all signatory States.
The Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article 7 applies to such denunciation.
An Act to amend the Workmen's Compensation (Silicosis) Act, 1918.
[7th August 1924.] [Preamble.]
1. AMENDMENT OF 8 & 9 GEO. 5, c. 14, s. 1.-Section one of the Workmen's Compensation (Silicosis) Act, 1918, shall have effect subject to the following amendments : (1) The proviso to subsection (1) (which restricts the cases in which compensation
may be paid where the silicosis is accompanied by tuberculosis) shall be
omitted : (2) In subsection (2) (which relates to the scale of compensation) for the words
"disablement due to silicosis unaccompanied by tuberculosis there shall be substituted the words“ disablement due to silicosis or silicosis
accompanied by tuberculosis": (3) In paragraph (d) of subsection (3) (which relates to the appointment, re
muneration, duties and powers of medical officers and advisory medical bodies) after the words medical officers there shall be inserted the
words “ medical boards": (4) In paragraph (e) of subsection (3) for the words "and for the suspension from
employment of workmen who are found to be suffering from silicosis or from silicosis accompanied by tuberculosis " there shall be substituted the words " 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": (5) In paragraph (f) of subsection (3) (which relates to the supplemental matters
which may be included a scheme) after the words supplemental matters ” there shall be inserted the words “including provisions as to the determination of disputes arising between employers and the authority
administering the fund." 2. SHORT TITLE.-This Act may be cited as the Workmen's Compensation (Silicosis) Act, 1924, and the Workmen's Compensation (Silicosis) Act, 1918, and this
14 & 15 GEORGE 5, CHAPTER 40.
Act may be cited together as the Workmen's Compensation (Silicosis) Acts, 1918 and 1924, and the Workmen's Compensation Acts, 1906 to 1923, and this Act may be cited together as the Workmen's Compensation Acts, 1906 to 1924.
An Act to confirm a certain Agreement supplementing Article Twelve of the Articles
of Agreement for a Treaty between Great Britain and Ireland to which the force of law was given by the Irish Free State (Agreement) Act, 1922, and by the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922. [9th October 1924.]
[Preamble.] 1. CONFIRMATION OF AGREEMENT.-The Agreement set forth in the Schedule to this Act, being an agreement supplementing Article Twelve of the Articles of Agreement for a treaty between Great Britain and Ireland to which the force of law was given by the Irish Free State (Agreement) Act, 1922 (12 Geo. 5, c. 4), and by the Constitution of the Irish Free State (Saorstát Eireann) Act, 1922, is hereby confirmed, and the said Articles of Agreement for a treaty and the Irish Free State (Agreement) Act, 1922, shall have effect accordingly.
2. SHORT TITLE AND COMMENCEMENT.—(1) This Act may be cited as the Irish Free State (Confirmation of Agreement) Act, 1924.
(2) This Act shall come into operation on the date on which the said Agreement is confirmed by Act of the Parliament of the Irish Free State, or, if such an Act is passed before the passing of this Act, shall come into operation on the passing of this Act.
AGREEMENT SUPPLEMENTING ARTICLE TWELVE OF THE ARTICLES OF AGREEMENT
FOR A TREATY BETWEEN GREAT BRITAIN AND IRELAND TO WHICH THE FORCE OF LAW WAS GIVEN BY THE IRISH FREE STATE (AGREEMENT) ACT, 1922, AND BY THE CONSTITUTION OF THE IRISH FREE STATE (SAORSTÁT EIREANN) ACT, 1922.
WHEREAS the Commissioners to be appointed under the said Article Twelve by the Government of the Irish Free State and by the British Government respectively have been duly appointed by those respective Governments, but the Government of Northern Ireland has declined to appoint the Commissioner to be so appointed by that Government, and no provision is made by the said Articles for such a contingency:
Now it is hereby agreed, subject to the confirmation of this Agreement by the British Parliament and the Oireachtas of the Irish Free State, that if the Government of Northern Ireland does not before the date of the passing of the Act of the British Parliament or of the Act of the Oireachtas of the Irish Free State confirming this Agreement, whichever is the later date, appoint the Commissioner to be so appointed by that Government, the power of the Government of Northern Ireland to appoint such Commissioner shall thereupon be transferred to and exercised by the British Government, and that for the purposes of the said Article any Commissioner so appointed by the British Government shall be deemed to be a Commissioner appointed by the Government of Northern Ireland, and that the said Articles of Agreement for a Treaty shall have effect accordingly.
Signed on behalf of the British
Signed on behalf of the Government
4th August 1924.
of the Irish Free State : LIAM T. MACCOSGAIR.
ACT OF SEDERUNT ANENT C.A.S., BOOK L, CHAPTER XIII.--PROCEEDINGS UNDER
THE WORKMEN'S COMPENSATION ACTS, 1906 TO 1923 (6 EDW. VII. CAP. 58; 9 Edw. VII. CAP. 16; 8 GEO. V. CAP. 8; 8 & 9 GEO. V. CAP. 14; 13 & 14 GEO. V. CAP. 42). [Edinburgh, 21st December 1923.]
The Lords of Council and Session, in virtue of the powers conferred by the Workmen's Compensation Acts, 1906 to 1923, and considering that in consequence of the passing of the Workmen's Compensation Act, 1923, it is necessary to alter, amend and extend the provisions enacted by C.A.S., Book L, Chapter xiž., as amended by Acts of Sederunt dated 6th July 1915 and 25th May 1920 : do hereby repeal the said Chapter xiii. (except the Appendix (Forms I. to XIII.) thereto) and the said Acts of Sederunt dated 6th July 1915 and 25th May 1920, and in lieu thereof declare and enact as follows :
1. Employment of Agent and Counsel.-A party to any arbitration under the Acts may appear in person, or be represented
(a) By counsel ; (6) By a duly qualified law agent; or (c) Where written authority from him is produced, by a member of his family,
person ; but no fee paid to a counsel shall be allowed on taxation, unless the arbitrator has certified that the employment of counsel was proper; and no person other than a counsel (when the appointment of counsel is authorised) or a duly qualified law agent shall be entitled to have any fee or reward for appearing or acting on behalf of any party in an arbitration under the Act; provided always that an arbitrator may, in the case of a workman appearing in person, or a member of his family appearing for him, or in the case of a manager, clerk, or other servant appearing as the representative of an employer, make such allowance in respect of loss of time and travelling expenses as he shall think reasonable.
An application under paragraph 9 of the First Schedule to the principal Act may in the case of neglect of children by a widow be made by the Procurator-Fiscal of the Sheriff Court or by the Parish Council.
2. Application for Arbitration.-An application for the settlement by arbitration of any claim for compensation under the Acts shall not be made unless and until some question has arisen between the parties, and such question has not been settled by agreement. The application shall state concisely the question which has arisen.
3. Parties to Arbitration.—An application for the settlement by arbitration of the amount payable as compensation under the Acts in a case where death has resulted from the accident may be made by the employer, or by the executor or other legal personal representative, if any, of the deceased workman, or by all or any of his dependants. It shall set forth the names of the all dependants (including those persons who claim to rank as dependants) so far as known to the applicant or applicants, and, where it is presented by or on behalf of some only of the enumerated dependants, the rest of them shall be called as respondents; provided always that if in the course of the proceedings it appears that there are other dependants than those who are parties thereto, the Sheriff may order the petition to be served upon the omitted dependants, and may sist procedure in order to enable him or them to appear.
4. Court, where Parties Resident in Different Districts.-Applications under the
Acts, if the parties reside in different districts, shall be made to the Sheriff Court of the county or district of a county
1. In which the accident occurred ; or 2. In the case of a claim by virtue of section 8 of the principal Act as amended,
in which the workman was last employed in the employment to the nature
of which the disease was due; or 3. If the accident occurred at sea(a) in which the ship is at the time when intimation or service of the
application is made; provided that such intimation or service is made to or on the master of the ship in the same county or district
of a county; or (6) in which the managing owners of the ship, or some or one of them, or
the manager, may reside or have a place of business ; or
(c) in which the ship is registered without prejudice to any transfer as hereinafter provided.
5. Transmission to Forum conveniens.-If a Sheriff before whom an application under the Acts is brought is of opinion that the case can be more conveniently tried and determined in any other Court in Great Britain, he may on the motion of any of the parties make an order remitting the case to such Court, and on such order being made it shall be the duty of the sheriff-clerk to transmit the application with all the relative documents to the sheriff-clerk or registrar of the Court named in the order, and to transfer to such sheriff-clerk or registrar any money invested in connection with such application in his name as sheriff-clerk, and the case shall thereafter proceed in the last-mentioned Court as if it had originated there.
6. Transmission of Money consigned in Post Office Savings Bank.-When any money ordered to be transferred from one Court to another is invested in the Post Office Savings Bank in the name of the sheriff-clerk, such money shall be transferred into the name of the sheriff-clerk or registrar of the Court to which the money is ordered to be transferred, in accordance with regulations to be made by the Postmaster-General with the consent of the Treasury; and where any money ordered to be transferred is not so invested, it shall forthwith be so invested, and shall when invested be transferred as herein before directed.
7. Claim of Indemnity.—Where a claim for compensation under the Acts is made against a principal, he may, at the calling of the case, move the Sheriff for authority to serve a copy of the petition, together with a notice of the claim for indemnity, upon any person against whom he intends to claim indemnity, and such person may within the time fixed by the Sheriff lodge a notice of appearance. If he does lodge a notice of appearance, he shall thereafter be deemed to be a party to the arbitration, and the question of his liability to indemnify the principal may, if they both consent, be summarily and finally determined therein ; provided always that, if he is held in that process not to be liable to indemnify the principal, he shall not be subjected in any part of the claimant's expenses. If he fail to lodge a notice of appearance, he shall not be entitled, in any subsequent proceedings against him at the instance of the principal, to dispute the validity of any award made under the petition, whether the same be made of consent or otherwise.
8. Claims under Section 8 of the Principal Act.-In any claim for compensation under section 8 of the principal Act as amended, if the employer alleges that the disease was in fact contracted while the workman was in the employment of some other employer, the Sheriff may grant authority to the employer to serve a copy of the application and of his averment as to the time and place of contracting the disease upon such other employer, and such other employer shall, upon such service, be held to be a party in the arbitration.
9. Incidental Applications.-Applications under paragraphs 7, 8, 9, 15, 16, or 17 of the First Schedule to the principal Act as amended, or paragraphs 9 (c) or 14 of the Second Schedule to the principal Act, shall be made by a minute, which shall be lodged in the original process, if any; and if there be no process, a copy of the recorded memorandum, certified by the sheriff-clerk, shall be lodged along with the