No. 150/1936:

SUBSIDIARY EMPLOYMENTS CONSOLIDATED ORDER, 1936.

SUBSIDIARY EMPLOYMENTS CONSOLIDATED ORDER, 1936.

ARACHÁS NÁISIÚNTA AR SHLÁINTE.

(NATIONAL HEALTH INSURANCE.)

SPECIAL ORDER MADE BY THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH, WITH THE APPROVAL OF THE MINISTER FOR FINANCE UNDER PARAGRAPH (i) OF PART II OF THE FIRST SCHEDULE TO, AND THE PROVISO TO SUB-SECTION (2) OF SECTION I OF THE NATIONAL INSURANCE ACT, 1911.

Dated this the 9th day of May, 1936.

WHEREAS by virtue of sub-section (2) of Section 1 of, and paragraph (i) of Part II of the First Schedule to, the National Insurance Act, 1911 (in this Order called "the principal Act"), persons engaged in employment of any class which may be specified in a Special Order made under the principal Act as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood, are not persons employed within the meaning of Part I of the principal Act:

AND WHEREAS by virtue of the proviso to sub-section (2) of Section 1 and Section 81 of the principal Act, read with the Irish Insurance Commissioners (Transfer of Functions) Order, 1933, the Minister for Local Government and Public Health may, with the approval of the Minister for Finance, by a Special Order provide for including amongst persons employed within the meaning of Part I of the principal Act any persons engaged in any of the excepted employments specified in Part II of the First Schedule to the principal Act, either unconditionally or subject to such conditions as may be specified in the Order:

AND WHEREAS, by the several Orders hereinafter mentioned, certain classes of employment have been specified as being of such a nature that they are ordinarily adopted as subsidiary employments only and not as the principal means of livelihood; and in certain of those Orders persons engaged in the class of employment therein mentioned have been ordered to be included amongst the persons employed within the meaning of Part I of the principal Act if they satisfied the conditions therein specified:

AND WHEREAS by virtue of Section 40 of the National Insurance Act, 1913, any Special Orders made under the principal Act may be revoked, varied, or amended by a Special Order made in like manner as the original Order:

AND WHEREAS for the purpose of amending and consolidating the provisions of the Orders hereinbefore mentioned the Minister for Local Government and Public Health is desirous of revoking those orders and of making the Order hereinafter contained:

1. NOW, THEREFORE, the Minister for Local Government and Public Health, in pursuance of the powers conferred on him by the National Health Insurance Acts, 1911 to 1936, and of all other powers enabling him in that behalf, hereby orders as follows:—

The employments of the several classes set forth in the First Schedule hereto are specified as being of such a nature that they are ordinarily adopted as subsidiary employments only and not as the principal means of livelihood.

2. The Minister, in pursuance of the powers conferred on him by the National Health Insurance Acts, 1911 to 1936, with the approval of the Minister for Finance, hereby orders as follows:—

Persons engaged in the several classes of employment specified in the Second Schedule hereto under the conditions therein mentioned shall be included amongst the persons employed within the meaning of Part I of the principal Act.

3. In further pursuance of the powers aforesaid the Minister for Local Government and Public Health hereby revokes the several Orders specified in the Third Schedule hereto, but such revocation shall not affect any right, privilege, obligation or liability acquired accrued, or incurred under any of those Orders.

4. These Orders may be cited together as the National Health Insurance (Subsidiary Employments) Consolidated Order, 1936.

Given under the Seal of Office of the Minister for Local Government and Public Health this 9th day of May, in the year one thousand nine hundred and thirty-six.

SEÁN T. O CEALLAIGH.

Minister for Local Government and Public Health.

The foregoing Order is hereby approved by me the Minister for Finance.

SEÁN MACENTEE.

FIRST SCHEDULE.

CLASSES OF EMPLOYMENT SPECIFIED AS BEING OF A SUBSIDIARY NATURE ONLY AND, THEREFORE, EXCLUDED FROM BEING EMPLOYMENT WITHIN THE MEANING OF PART I OF THE PRINCIPAL ACT.

(NOTE.—Persons engaged in any of the classes of employment which are marked in this Schedule with an asterisk are, when engaged under the conditions mentioned in the Second Schedule, included amongst the persons employed within the meaning of Part I of the principal Act).

I.

EMPLOYMENT IN THE SERVICE OF THE STATE.

(1) Employment, involving occasional attendance only, as an interpreter at sittings of a Court of Justice.

*(2) Employment as a sub-postmaster remunerated by scale payment. (See paragraph 1 of Second Schedule hereto.)

*(3) Employment as a telephone exchange attendant. (See paragraph 1 of Second Schedule hereto.)

*(4) Employment as Collector or deliverer of postal letters under allowance. (See paragraph 2 of Second Schedule hereto.)

*(5) Employment as a messenger conveying Post Office mails on station or pier service. (See paragraph 2 of Second Schedule hereto.)

(6) Employment, involving part-time service only, as a Collector of Taxes under the Acts relating to Income Tax.

(7) Employment, involving part-time service only, in the capacity of Caretaker or Constable of a harbour, pier, fishery pier, slip, or lights or beacons.

(8) Employment, involving part-time service only, in the capacity of:—

(a) Caretaker of curing-stations, stores or boats; or

(b) Collector of fishery statistics

under the Department of Agriculture.

(9) Occasional employment as a woman searcher under the Revenue Commissioners.

*(10) Occasional employment as an artist's model in the Dublin Metropolitan School of Art, under the Department of Education. (See paragraph 3 of Second Schedule hereto.)

(11) Employment, involving part-time service only, under the Revenue Commissioners, for the cleaning of official huts on the Land Frontier.

(12) Employment, involving part-time service only, in the capacity of gauge reader on drainage schemes under the Commissioners of Public Works.

(13) Employment, involving part-time service only, as collector of rents of dwelling accommodation formerly used by coast guards or military in buildings under the control of the Commissioners of Public Works.

(14) Employment, involving part-time service only, as paymaster in connection with drainage schemes or harbour improvement works under the Commissioners of Public Works.

*(15) Employment, involving part-time service only, under the Department of Justice, as a water carrier at a Gárda Síochána Station. (See paragraph 4 of Second Schedule hereto.)

II.

EMPLOYMENT UNDER LOCAL AUTHORITIES, ETC.

(16) Employment, involving occasional attendance only, as keeper of a Circuit or District Court House.

(17) Employment, involving part-time service only, by any local or other public authority, as a person employed to act in relief of lavatory or playground attendants, or of park constables.

*(18) Employment, involving part-time service only, by a local or other public authority, or by any company or body responsible for the lighting of any borough or other local area, as lamp lighter or extinguisher, whether the employment does or does not include the duty of cleaning or keeping in order the lamps. (See paragraph 5 of Second Schedule hereto.)

(19) Employment, involving part-time service only, by the manager of a national school in the cleansing of drains, cesspools, pits or offices in or about any such school.

*(20) Employment, involving occasional service only, as a macebearer or town crier. (See paragraph 6 of Second Schedule hereto.)

(21) Employment, involving part-time service only, in the capacity of :—

(a) Member of a fire brigade.

(b) Probation Officer under the Probation of Offenders Act, 1907.

(22) Employment, involving part-time service only, in the capacity of :—

(a) Caretaker of a burial ground under the control of a Board of Health or Urban District Council or other burial board within the meaning of the Public Health Acts, 1878 to 1931.

(b) Caretaker of waterworks under the control of a local authority.

(23) Employment, involving periodical attendance only, as non-resident caretaker of a dispensary under the control of a local authority.

(24) Employment, involving only service outside the ordinary hours of work, by a local authority as librarian.

(25) Employment as clerk of a local Old Age Pensions Committee or Sub-Committee where personal service is ordinarily required only occasionally or outside the ordinary hours of work.

III.

EMPLOYMENT UNDER THE DEPARTMENT OF INDUSTRY AND COMMERCE OR ANY LIGHTHOUSE AUTHORITY, ETC.

(26) Employment, involving part-time service only:—

(a) as civilian in charge of a rocket or cliff-ladder life-saving apparatus and equipment connected therewith, being the property of the Department of Industry and Commerce;

(b) in or with a Volunteer Company enrolled for the purpose of working a rocket or cliff-ladder life-saving apparatus; or

(c) in keeping a look-out in connection with the Coast Life Saving Service for wrecks or signals of distress at sea.

(27) Employment, involving part-time service only, by a local or general lighthouse authority, or dock, harbour or conservancy, authority or board, in connection with the care or upkeep of minor lights, buoys, beacons, signals and tide-gauges.

(28) Employment, involving part-time service only, as a member of the crew of a lifeboat.

IV

MISCELLANEOUS EMPLOYMENTS.

*(29) Employment in the delivery of milk or newspapers, where the employment is not continued later than 10 a.m. (See paragraph 7 of Second Schedule hereto.)

(30) Employment, involving part-time service only, in or about a cathedral, church or other place of religious worship in any of the following capacities:—

Acolyte;

Beadle;

Bell ringer;

*Cleaner. (See paragraph 8 of Second Schedule hereto.) ;

Member of the choir;

Organ blower;

Organist or other musician ;

Sacristan or verger;

Sexton.

(31) Employment, involving part-time service only, in any of the following capacities :—

Bible-woman;

Chapel-keeper;

Lay preacher or Scripture reader.

(32) Employment, involving only occasional service outside the ordinary hours of work, in the performance of clerical duties.

(33) Employment as secretary or clerk of a society, club, committee, philanthropic institution, school or other similar body or institution, where personal service is ordinarily required only occasionally or outside the ordinary hours of work.

(34) Employment as caretaker, where no wages are paid or other money payments are made.

(35) Employment, involving part-time service only, in the capacity of:—

(a) Member of a town band;

(b) Political agent;

(c) Water bailiff, i.e., a person employed to protect a river, lake or watercourse from pollution or trespass ;

(d) Caretaker of sand pits, gravel pits or plantations on an estate;

(e) Caretaker of ancient or national monuments.

(36) Employment, involving part-time service only, in reading to the blind.

*(37) Employment as a herd, estate bailiff, rent warner, game watcher, shore watcher, wood ranger or bog ranger. (See paragraph 9 of Second Schedule hereto.)

(38) Employment, involving part-time service only, as attendant at a child welfare centre.

(39) Employment, involving part-time service only, by the National Health Insurance Society as a sick visitor.

*(40) Occasional employment of a woman on an agricultural holding in the dressing or gathering of crops. (See paragraph 10 of Second Schedule hereto.)

SECOND SCHEDULE.

CONDITIONS UNDER WHICH PERSONS ENGAGED IN CERTAIN OF THE CLASSES OF EMPLOYMENT SPECIFIED IN THE FIRST SCHEDULE HERETO ARE INCLUDED AMONGST THE PERSONS EMPLOYED WITHIN THE MEANING OF PART I OF THE PRINCIPAL ACT.

(1) Any person employed as a sub-postmaster remunerated by scale payment or as a telephone exchange attendant, who is mainly dependent for his livelihood on the earnings derived by him from such employment and renders on the average 18 or more hours' personal service in each week in that capacity.

(2) Any person employed as a collector or deliverer of postal letters under allowance, or as a messenger conveying Post Office mails on station or pier service, who renders more than 18 hours' service in each week in any of these capacities.

(3) Any person employed as an artist's model in the Dublin Metropolitan School of Art, under the Department of Education, who was at the time of entering on the employment an insured person.

(4) Any person employed as a water carrier at a Gárda Síochána Station where such employment is the principal means of livelihood.

(8) Any person employed in or about a cathedral, church or other place of religious worship as a cleaner where such employment is the principal means of livelihood.

(9) Any person employed as a herd, estate bailiff, rent warner, game watcher, shore watcher, wood ranger or bog ranger, where the employment in one or more of such capacities under one employer involves whole-time service.

(10) Any woman employed occasionally on an agricultural holding in the dressing or gathering of crops who was at the time of entering on the employment an insured person.

THIRD SCHEDULE.

The National Health Insurance (Subsidiary Employments) Consolidated Order (Ireland), 1914.

The National Health Insurance (Subsidiary Employments) Order, 1914, (No. 3).

The National Health Insurance (Subsidiary Employments) Order, 1931.