Personal Injuries (Emergency Provisions) Act 1939
| Year | 1939 |
Personal Injuries (Emergency Provisions) Act, 1939
(2 & 3 Geo. 6.) CHAPTER 82.
An Act to make provision as respects certain personal injuries sustained during the period of the present emergency.
[3rd September 1939]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Allowances and pensions in respect of certain war injuries and war service injuries.
(1) The Minister may make a scheme, with the approval of the Treasury and in accordance with the provisions of this Act, providing for the making of payments in respect of the following injuries sustained during the period of the present emergency, namely—
(a ) war injuries sustained by gainfully occupied persons (with such exceptions, if any, as may be specified in the scheme) and by persons of such other classes as may be so specified; and
(b ) war service injuries sustained by civil defence volunteers.
(2) In respect of any such injury, a scheme may authorise the Minister, in such circumstances and subject to such conditions as may be specified in the scheme, to make the following payments to or in respect of the person injured, namely—
(a ) payments by way of allowance (hereafter in this Act referred to as ‘injury allowances’), which shall be payable only so long as the person injured is incapacitated for work by the injury and has not received any such payment as is mentioned in the next following paragraph; and
(b ) payments by way of pension or grant, which shall be payable only where the injury causes serious and prolonged disablement or death.
(3) A scheme may empower the Minister to make regulations for giving effect to the purposes of the scheme.
(4) Any decision of the Minister as to the making, refusal or amount, or as to the continuance or discontinuance, of a payment under a scheme may be varied by a subsequent decision of the Minister, but save in so far as it is so varied shall be final and conclusive.
(5) All expenses incurred by the Minister in giving effect to a scheme shall be defrayed out of moneys provided by Parliament.
2 Procedure as to schemes.
(1) A scheme may provide that it shall come into operation, or shall be deemed to have come into operation, on such date as may be specified therein.
(2) A scheme may be amended or revoked by a subsequent scheme or by an order made by the Minister with the consent of the Treasury.
(3) Every scheme, and every order made under the last preceding subsection, shall be laid before both Houses of Parliament as soon as may be after it is made, and if either House, within the period of forty days beginning with the day on which a scheme or such an order is laid before it, resolves that the scheme or order be annulled, it shall thenceforth become void, but without prejudice to the validity of anything previously done thereunder or to the making of a new scheme or order.
In reckoning any such period of forty days as aforesaid, no account shall be taken of any time during which Parliament is dissolved or prorogued, or during which both Houses are adjourned for more than four days.
(4) A scheme and any regulations made thereunder, and any order made under this Act, shall, for the purpose of section three of the Rules Publication Act, 1893 (which relates to the printing of statutory rules), be deemed to be statutory rules within the meaning of that Act, but shall not be deemed to be or to contain such statutory rules for the purpose of any other provision of that Act.
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