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	Statutes of Northern Ireland
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ST MAY 1945

ST MAY 1945] <1944 C.10  - LONG TITLE

ayments to persons attending courses. A> 4. The Ministry, or, in
the case of a course provided by, or under arrangements made by,
another government department, that department, may defray, or
contribute towards, expenses incurred by persons attending vocational
training courses or industrial rehabilitation courses in travelling to
and from the place where the course is held, and may make payments
to or in respect of such persons, up to such amounts as the
Ministry or that department may with the approval of the Ministry
of Finance determine and in such manner as the Ministry or that
department may determine. N>> S.5 rep. by SLR 1980 6 Provisions for
enabling registered disabled persons to obtain employment or to
undertake work on their own account >Register of disabled persons.
A> 6. (1) The Ministry shall establish and maintain a register of
disabled persons (in this Act referred to as ""the register'').
B>(2) The register shall be kept in such form, and entries therein,
and alterations and removals of entries therein and therefrom, shall
be made in such manner, as the Ministry may determine. B>(3) A
person whose name is for the time being in the register is in
this Act referred to as a ""person registered as handicapped by
disablement.'' B>(4) The Ministry may make regulations prescribing the
manner in which the fact that a person's name is for the time
being in the register may be proved, including, without prejudice to
the generality of this power, regulations as to the issue of
certificates for that purpose and as to the custody, use and
delivery up thereof. >Entry of names of disabled persons in the
register. A> 7. (1) The Ministry may make regulations prescribing
matters which are to constitute conditions of, or disqualifications
from, the entry in the register of the names of any persons,
either generally or in particular circumstances. B>The matters which
may be prescribed under this sub-section shall be such as must in
the opinion of the Ministry be so prescribed in order to secure
that the fact that a person's name is in the register will afford
reasonable assurance of his being a person capable of entering into
and keeping employment, or of undertaking work on his own account,
under the conditions under which in accordance with the provisions
of this Act employment may be offered to him or such work may be
available for him, and the said matters shall, without prejudice to
the generality of this provision, include C >>( a ) the fact that
a person is under a prescribed age; C >>( b ) unreasonable refusal
or failure to attend a vocational training or industrial
rehabilitation course; C >>( c ) the fact that a person is not
ordinarily resident in Northern Ireland; C >>( d ) habitual bad
character. B>(2) A person who desires his name to be entered in
the register shall make application to the Ministry in that behalf
in the prescribed manner, and, on an application in that behalf
being duly made C >>( a ) if the Ministry is satisfied that the
applicant is a disabled person and that his disablement is likely
to continue for [{4}twelve months] or more from the time of the
entry of his name in the register, that any prescribed condition as
to the entry of names in the register applicable to him is
satisfied and that he is not subject to any prescribed
disqualification in that behalf, his name shall be entered in the
register; C >>( b ) in any other case, the Ministry shall refer
the application to a district advisory committee for their
recommendations on the issue as to which the Ministry is not
satisfied and after considering their recommendations shall determine
it, and if the Ministry determines it in favour of the applicant
his name shall be entered in the register: B>Provided that a person
being a 1914-18 disablement pensioner shall be treated for the
purposes of this sub-section as a disabled person and as one whose
disablement is likely to continue for [{4}twelve months] or more
from the time of the entry of his name in the register, and the
name of such a person may be entered in the register without his
making any application in that behalf. B>(3) In this Act the
expression ""1914-18 disablement pensioner'' means a person in receipt
of, or entitled to receive <1920 c.23
[{9}or in any force raised and maintained under the Army and Air
Force (Women's Service) Act, 1948|] [{10}or in the Ulster Defence
Regiment] and who before so serving were ordinarily resident in the
United Kingdom. >Central advisory council and district advisory
committees. A> 17. (1) The Ministry shall establish for the purposes
of this Act C >>( a ) a central advisory council, which shall be
charged with the duty of advising and assisting the Ministry in
matters relating to the employment, undertaking of work on their own
account or training, of disabled persons generally; and C >>( b )
for each such district in Northern Ireland as the Ministry may
determine, a district advisory committee, which shall be charged with
the duty of advising and assisting the Ministry in matters relating
to the employment, or undertaking of work on their own account, of
disabled persons in that district, and in particular of making
recommendations and reports to the Ministry on matters referred to
the committee under this Act. B>(2) The provisions of the Second
Schedule to this Act shall have effect with respect to the said
council and committees. >Appointment of officers and payment of
expenses. B| >18. (1) The Ministry, with the approval of the
Ministry of Finance{11}as to numbers and remuneration, may appoint
officers and servants to act for the purposes of this Act, and
may, in lieu of or in addition to appointing persons under this
section, arrange with any government department that officers or
servants of that department shall act for the purposes of this Act.
B>(2) There shall be paid to officers and servants appointed under
this section such salaries or remuneration as the Ministry of
Finance{11} may determine, . . . .{12}. B>(3) There shall be
appropriated in aid of the expenses incurred by the Ministry under
this Act such amounts as may be paid to the Government of Northern
Ireland out of the Consolidated Fund of the United Kingdom under
sub-section (3) of section twenty-two of the United Kingdom Act as
representing the amount of the expenses incurred by the Government
of Northern Ireland under this Act in respect of matters as to
which, apart from sub-section (2) of the said section twenty-two,
the Parliament of Northern Ireland has not power to make laws.
>Provisions as to offences. A> 19. (1) Proceedings for an offence
under this Act shall not be instituted except by or with the
consent of the Ministry or by an officer authorised in that behalf
by special or general directions of the Ministry. B>(2)
Notwithstanding any provision in any enactment prescribing the period
within which summary proceedings may be commenced, proceedings for an
offence under this Act may be commenced at any time within the
period of three months from the date on which evidence, sufficient
in the opinion of the Ministry to justify a prosecution for the
offence, comes to its knowledge, or within the period of twelve
months from the date on which the offence was committed, whichever
period last expires, and for the purposes of this sub-section a
certificate purporting to be signed by the secretary or an assistant
secretary of the Ministry as to the date on which such evidence as
aforesaid came to the knowledge of the Ministry shall be conclusive
evidence thereof. B>(3) Where the person convicted of an offence
under this Act in respect of which a fine up to a maximum amount
of one hundred pounds may be imposed under any of the preceding
provisions thereof is a body corporate, the maximum amount of the
fine which may be imposed on that body shall be five hundred
pounds in lieu of one hundred pounds. B>(4) Where an offence under
this Act committed by a body corporate is proved to have been
committed with the consent or connivance of, or to have been
facilitated by any neglect on the part of any director, manager,
secretary, or other officer of the body corporate, he as well as
the body corporate shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly.
B>(5) Proceedings against a person for an offence under this Act
alleged to have been committed outside Northern Ireland may be taken
before the appropriate court in Northern Ireland having jurisdiction
in the place where that person is for the time being. >Regulations
and orders. A> 20. (1) The Ministry may make regulations for
prescribing anything which under this Act is to be prescribed. B>(2)
All regulations and orders made by the Ministry under this Act
shall, as soon as may be after they are made, be laid before each
House of Parliament. If either House of Parliament within the
statutory period next after the day on which any such regulation or
order has been laid before such House resolves that the regulation
or order shall be annulled, the regulation or order shall after the
date of the resolution become void, but without prejudice to the
validity of anything previously done thereunder or to the making of
a new regulation or order. B>In this sub-section the expression
""statutory period'' means . <.<. N>> definition in 1954 c.33 (NI) s.42(1)
substituted by 1979 NI 12 art.10 B >(3) An order made under this
Act may be varied or revoked by a subsequent order. 6 Application,
commencement, etc. >Application as respects place of employment, and
nationality. A> 21. (1) In the provisions of this Act relating to
the duty of employers to give employment to persons registered as
handicapped by disablement or to employments of classes designated
under section twelve of this Act, references to employment shall be
construed, subject to the provisions of the next succeeding
sub-section, as references to employment in Northern Ireland. B>(2)
In the said provisions of this Act references to employment shall
includes references to employment in the capacity of master or of a
member of the crew of a British ship (other than a ship employed
exclusively outside Northern Ireland) if the owner or managing owner
or person having the management of the ship is resident or has his
principal place of business in Northern Ireland: B>Provided that
sub-section (2) of section nine of this Act and sub-section (2) of
section twelve thereof shall, in relation to the taking into
employment of a person in any such capacity as aforesaid or the
taking up by a person employed in any such capacity as aforesaid
of an employment of a class designated under section twelve of this
Act, have effect only if the engagement under which he is taken
into employment is entered into, or if his employment in the
employment of that class begins, in Northern Ireland. B>(3) This Act
shall, subject as may be prescribed, apply to persons who are not
British subjects in the same manner as it applies to persons who
are British subjects. >Application of Act to disabled persons
registered under United Kingdom Act. A> 22. For the purposes of the
matters dealt with in sections nine to fifteen of this Act or any
of those matters, registration in the register of disabled persons
maintained under the United Kingdom Act shall be treated as having
the same effect as registration in the register of disabled persons
maintained under this Act: B>Provided that the provision made by
this section shall not have effect during any period occurring after
the passing of this Act in which registration in the register of
disabled persons maintained under this Act is not treated, pursuant
to sub-section (4) of section twenty-two of the United Kingdom Act,
as having, for the purposes of the matters dealt with in sections
nine to fifteen of the United Kingdom Act or any of those matters,
the same effect as registration under that Act. >Short title. ]
d with the Medical Branch or the Dental Branch of the Royal Air
Force with relative rank as an officer.

11. Member of the Voluntary Aid Detachments employed under the
Admiralty, Army Council or Air Council.

1.(1) The central advisory council and each district advisory
committee shall consist of members appointed by the Ministry, being

(a)one person appointed by the Ministry as being an independent
person to act as chairman; and

(b)such number of other persons as the Ministry may determine in
the case of the said council, or of that committee, as the case
may be, including an equal number of persons appointed by it, after
consultation with such organisations representing employers and workers
respectively, or both employers and workers, as the Ministry thinks
fit, to represent employers and workers respectively.

(2) In the absence of the chairman of the said council or of any
of the said committees his functions may be performed by a member
of the council or committee authorised in that behalf by the
Ministry.

2. Each district committee shall establish one or more panels
consisting of such persons, whether or not including persons not
members of the committee, and constituted in such manner, as the
committee may with the approval of the Ministry determine, and may
delegate to a panel so established the duty of making
recommendations to the Ministry either as respects any particular
matter referred to the committee by the Ministry under this Act or
as respects any class of matters to be so referred:

Provided that this paragraph shall not be construed as authorising
the delegation by a committee to a panel of the duty to make a
report to the Ministry for the purposes of sub-section (7) of
section nine of this Act.

3. The Ministry may nominate a duly qualified medical practitioner
for the purposes of any reference or references under this Act to
a district committee, and a person so nominated shall act as a
member of a panel charged under the last preceding paragraph with
the duty of making recommendations on a reference for the purposes
of which he is nominated.

4. There shall be paid by the Ministry out of moneys provided by
Parliament to the members of the said council, of each of the said
committees and of any panel established as aforesaid, and to any
person requested by the said council or any of the said committees
or such a panel to attend before them and so attending, such
travelling and other allowances, including compensation for loss of
remunerative time, and such other expenses of the said council, of
any of the said committees or of any panel established as
aforesaid, as the Ministry with the approval of the Ministry of
Finance may determine.

5.(1) The Ministry may by regulations make any such provision as
appears to it to be expedient with respect to the procedure of the
said council, of any of the said committees or of any panel
established as aforesaid.

(2) Subject to any provision made under the preceding sub-paragraph,
the said council and each of the said committees shall have power
respectively to regulate their own procedure, and, subject as
aforesaid and to any direction given by the committee by which it
is established, a panel established as aforesaid shall have power to
regulate the procedure of the panel.

(3) References in this paragraph to the procedure of the said
council, of a committee or of a panel, include references to the
quorum of that body.