LS ARE PERRET AR IANNANCRES

ji Latin:

be more than one office, any one of the offices of such

body.

8— (1) Ifthe Registrar of Friendly Societies, after taking steps to ascertain the views of the employer and workmen, certifies 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, is on the whole not less favourable to the general body of workmen and tneir dependants than the provisions ofthis Act, the employer may, until the certificate is revoked, contract With any of those workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thoreupon the employer shall be liable only in accordance with the scheme, but, save as af “esaid, this Act shall apply notwithstanding any contract to the contrary made after the commencement ofthis Act.

(2) The Registrar may give a certilicate to expire at the end of a limited period not less than live years.

(3.) No scheme shall be so certified which contains an obligation upon the workmen to Join the scheme as a condition of their hiring.

(4) If complaint is made to the Registrar of Friendly Societies by or on behalf of the workmen ofany employer that the provisions of any scheme are no longer on the whole so favourable to the general body of workmen of such employer and their dependants as the provisions of this Act, 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 coinplaint, and, if satisfied that good cause exists for such compluint, shall, unless the cause of complaint is removed, revoke the certificate.

(5) When a certificate is revoked or expires any moneys or securities held for the purpose of the scheme shall be distributed as may be arranged by the employer

and workmen, or as may be determined by the Registrar of Friendly Societies in the event of a difference of opinion.

(6) 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 of Friendly Societies,

(7.) The Chief Registrar of Friendly Societies shall include in his annual report the particulars of the proceedings of the Registrar under this Act.

4.— Where, in an employment to which this Act applies, the undertakers as hereinafter defined contract with any person for the execution by or under such contractor of any work, and the undertakers would, if such work were executed by workmen immediately employed by them, be liable to pay compensation under this Act to those woikmen in respect of any accident arising out of and in the course of their employment, the undertakers shall be liable {o pay to any workmen employed in the execution of the work any compensation which is payable to the workman (whether uuder this Act or in respect of personal negligence or wilful act independently of this Act) by such contractor, or would be so payable if such contractor were an employer to whom this Act applies. ;

Provided that the undertakers shall be entitled to be indemnified by any other person who would have been liable independently of this section.

This section shall not apply to any contract with any person for ihe execution by or under such contractor of any work which is merely ancillary or incidental to, and is no part of, or process in, the trade or business carried on by such undertakers respectively.

5-—(1) Where an employer becomes liable under this Act to pay compensation in respect of any accic2nt, and is entitled to any sum from insurers in respect of the

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amount due to a workman under such liability, then in the event ofthe employer b:coming bankrupt, or making a composition or arrangem:nt with his creditors, orifthe employer is a company of the company having commenced to be woand up, such workman shall have a first charge upôn the sum aforesaid for the amount so due, and the Judge of the county court may direct the insurers to pay such sum into the Post Office Savings Bank in the name of the registrar of such ‘ourt, and order the same to be investel or applied in accordance with the provisions of the l'irst Schedule hereto with reference to the investment in the Post Office Savings Bank of any sum allotted as compensation, and those provisions shall apply accordingly.

(2) In the application of this section to Scotland, the words “have a first charge upon ” shall mean ‘ be preferentially entitled to.”

6.--Where the injury for which compensation is payable under this Act was caused under circumstances : creating a legal liability in some person other than the employer to pay damages in respect thereof, the workman may, at his option, proceed, either at law against that person to recover damages or against his employer for compensation under this Act, but not against both, and if compensation be paid under this Act, the employer shall be entitled to be indemnified by the said other person.

27—(1) This Act shall apply only to employment by the undertakers as hereinafter defined, on or in or about a railway, factory, mine, quarry. or engineering work, and to employment by the undertakers as hereinafter defined on orinu or about any building which exceeds thirty feet in height, and is either be ng constructe 1 or repaired by means of a scaffolding, or being demolished, or ou which machinery driven by steam, water, or other mechanical power. is being used for the purpose of the construction, repair, or demolition thereof.

(2.) In this act— “Railway” means the railway of any railway com-

Panv to which the Regulation of Railways Act, 1878, applies, and includes a light railway made under the Light Railways Act, 1896 ; and "railway " and * railway Company ”havethe same meaning as in the said Acts of 1873 and 1896:

“ Factory ” has the same meaning as in the Factory and Workshop Acts, 1878 to 1891 and also includes any dock, wharf, qUay, Warehouse, machinery, or plant, to Which any provision of the Factory Acts is applied by the Factory Workshop Act, 1895, and every laundry worked by steam, water, or other mechanical power:

“Mine” means à mine to which the Coal Mines Regulation Act, 1887, or the Metalliferons Mines Regulation Act, 1872, applies :

“ Quarry ” means a quarry under the Quarries À ct, 1394 :

“ Engineering work ” means any work of construction or alteration or repair of a railroad, harbour, dock, canal, or seWer, and includes any other work for the construction, alteration, or repair of which machinery driven by steam, water, or other mechanical power is used :

* Undertakers "” in the case of a railwav means the railway company ; in the case of a factory, quarry, or laundry means the occupier thereof within the meaning of the Factory and Workshop Acts, 1878 to 1895 ; in the case of a mine means the owner thercof within the meaning of the Coal Mines Regulation Act, 1887, or the Metalliferous Mines Regulation Act, 1872, as the case may be, and in the case of an ergineering work means the person undertaking the Construction, alteration, or repair ; and in the case of a building means the persons undertaking the Construction, repair, or demolition :

“ Employer ” includes any body of persons corporate or Unincorporate and the legal personal representative of a deceased employer :

* Workman ” includes every person who is engaged in an employment to which this Act applies, whether by Way of manuel labour or otherwise, and whether his agreement is one of service or appreuticeship or otherwise,

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DRRERTAN PP CRETE CET AT PERSANRESC EN RSS dd DIU PRET COR DTA ED

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and is expressed or implied, is oral or in writing. Any reference to a workman who has been injured shall, wherethe workman is dead, include a reference to his legal personal representative or to his dependants, or other person to whom compensation is payable :

‘ Dependants” means—

(a) in England and Ireland, such members of the workman’s family specified in the Fatal Accidents Act, 1846, as were wholly or in part dependant upon the “arning of the workman at the time of his death ; and

(b.) in Scotland, such of the persons entitled according to the law of Scotland to sne the employer for damages or solatium in respect of the death of the workman, as were wWholly or in part dependant upon the earnings of the workman at the time of his death

(3) À workman employed in a factory which is a shipbuilding yard shall not be excluded from this Act by reason only that the accident arose outside the yard in the course of his work upon a vessel in any dock, river, or tidal water near the yard.

S.—(1.) This Act shall not apply to persons in the naval or military service of the Crown, but otherwise shall appay to any employment by or under the Crown to which this Act would apply if the employer were a private person.

(2) The Treasury mav, by warrant laid before Parliament, modify for the purposes of this Act their warrant made under section one of the Superannuation Act, 1887, and notwithstanding anything in that Act, or any such Warrant, may frame a scheme with a view to its being certified by the Registrar of Friendly Societies under this Act.

%—Any contract existing at the commencement of this Act, whereby a workmau relinquishes any right to compensation from the employer for personal injury arising out of and in the course of his employment, shall not, for the purposes ofthis Act, b: deemed to continue

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after the time at which the workman's contract of service would determine if notice of the determination thereof were given at the commencement ofthis Act.