S.I. No. 34/1943 -- Insurance (Intermittent Unemployment) (Determination of Questions) Regulations, 1943.

S.I. No. 34/1943 -- Insurance (Intermittent Unemployment) (Determination of Questions) Regulations, 1943. 1943 34

No. 34/1943:

INSURANCE (INTERMITTENT UNEMPLOYMENT) (DETERMINATION OF QUESTIONS) REGULATIONS, 1943.

The Insurance (Intermittent Unemployment) (Determination of Questions) Regulations, 1943, made by the Minister for Industry and Commerce on the 28th day of January, 1943, pursuant to the Insurance (Intermittent Unemployment) Act, 1942 .

The Minister for Industry and Commerce in exercise of the powers conferred on him by the Insurance (Intermittent Unemployment) Act, 1942 , (No. 7 of 1942), (hereinafter referred to as " the Act ") and of every and any other power him in this behalf enabling, hereby makes the following Regulations :

Short Title.

1. These Regulations may be cited as the Insurance (Intermittent Unemployment) (Determination of Questions) Regulations, 1943.

Interpretation.

2. Unless the context otherwise requires or admits, any reference in these Regulations to the Act, shall be construed as a reference to the Act as amended by any order or subsequent enactment.

Application for determination of question.

3.—(1) Any person, or association of employers or employees, or the Secretary or an Assistant Secretary or any other officer of the Department of Industry and Commerce authorised by the Minister in that behalf, who desires to obtain the decision of the Minister on any question required to be determined by the Minister under section 10 of the Act, may make an application therefor by sending to the Minister an application in the form set out in the Schedule hereto, or in such other form as the Minister may from time to time direct or accept.

(2) If the Minister on the consideration of any application under these Regulations is of opinion that the application is not made bona fide or is made by a person or association having no interest in the question or is frivolous he may refuse to decide the question.

Procedure on receipt of application.

4.—(1) On receipt of any application purporting to be made under Regulations 3 (1) of these Regulations, the Minister may, in any case in which he is of the opinion that the particulars therein contained are incomplete or insufficient, return the application to the applicant for amendment by the inclusion therein of such further and better particulars as the Minister considers necessary, and in such a case unless and until the application has been so amended as aforesaid, it shall not be deemed to be an application duly made under the last preceding Regulation.

(2) If the application for the determination of a question is duly made by a person other than the employer of the person regarding whose employment the question has arisen, the Minister shall send a copy of the application to the employer, together with a notice requiring the employer to send him such particulars as the Minister may request.

(3) The Minister shall send a copy of any application duly made to any other person, who appears to him to be directly concerned (not being a person by whom the application was made) and may also send a copy to any person who appears to him to be interested. The Minister shall send, together with copy of the application, notice requesting such other person to whom the copy is sent to send to him such particulars as that person may desire to furnish.

(4) The notices to be sent under the two immediately preceding paragraphs shall specify the time within which the particulars are to be sent, and shall state that if no particulars are received within the time specified the Minister may give his decision forthwith on the information contained in the application.

Determination of question.

5.—(1) The Minister may, if in his opinion the particulars contained in the application and any further particulars that may be received pursuant to Regulation 4 hereof enable him so to do, give his decision on the facts so appearing.

(2) The Minister may, if such particulars do not enable him to give a decision, obtain from any of the persons referred to in Regulation 4 hereof, or in such other manner as he may think fit, such further particulars as will enable him to give his decision and it shall be the duty of the employer of the person in regard to whose employment the question for determination has arisen to furnish such particulars as the Minister may require.

Oral hearing of application.

6. The Minister may, if he thinks fit, appoint a person to hold a hearing of the application and shall send at least seven days' notice of the date and place fixed for the hearing to the person who made the application, and to all the persons to whom copies of such application have been sent and from whom particulars relating to the application have been received and to such other persons as the Minister thinks fit.

Procedure at hearing.

7.—(1) The person who has made the application for the determination, and any person to whom a copy of the application has been sent and from whom particulars in reply have been received, shall be entitled to attend and be heard at the hearing.

(2) Subject as aforesaid, the procedure at a hearing shall be such as the Minister, or the person before whom the hearing takes place, may determine.

Notice of decision of Minister.

8. The Minister shall give notice of his decision to the person making the application, to the persons appearing to him to be directly concerned, and to such other persons as he may think fit, and may publish the decision in such manner as he thinks fit.

Reference to Minister of questions arising in any proceedings.

9. Where any question is required to be referred to the Minister under sub-section (6) of section 51 of the Act the question shall be referred to the Minister by means of an application for the purpose made by such officer, inspector, or other person as the Court before which the proceedings in which the question arises are pending may order or direct or, in default of such order or direction, by a person who is for the time being an inspector appointed by the Minister under section 48 of the Act, and the provisions of these Regulations shall apply accordingly with such modifications as the circumstances may require.

Revision of decisions.

10. If upon any new facts being brought to the notice of the Minister it appears to him that the case is one in which a decision given by him under sub-section (1) of section 10 of the Act (other than a decision against which an appeal is pending or as respects which the time for appealing has not expired) should be reconsidered with a view to a revision or reversal of that decision under sub-section (3) of section 10 of the Act, the provisions of these Regulations shall apply with such modifications, if any, as the circumstances may require as though an application had been made.

Reference of questions to the High Court.

11. If the Minister, instead of himself determining any application made to him for decision under sub-section (1) of section 10 of the Act, decides to refer the application for decision to the High Court, he shall send notification to that effect to the applicant and to any person who appears to him to be directly concerned, and, in addition, if he thinks fit, to any other person or body of persons appearing to him to be interested :

Provided that if the Minister is of opinion that the case is one in which a public notice ought to be given, he shall give public notice to that effect in such manner as he thinks fit.

Sending of Notices.

12. Any notice or other document which under these Regulations is to be sent to any person shall be deemed to be duly sent if sent by post to that person at his ordinary or last known address.

13. Notwithstanding anything in these Regulations, if in any case the Minister is of opinion that a question has arisen that ought to be decided by him under section 10 of the Act, and that it is not practicable to obtain in the manner hereinbefore provided such particulars as are necessary to enable him to give such decision in that case, then the Minister may, in such manner as he may think fit, obtain such particulars as may be necessary to enable him so to do, and it shall be the duty of an employer to furnish any particulars that the Minister may require him to furnish for the determination of any such question :

Provided that no such decision shall be given until the Minister has sent such particulars to any persons directly concerned, and to such other persons as may appear to him to be interested, so as to afford them or any of them an opportunity of making upon such particulars such observations as they shall think fit so to make.

SCHEDULE.

INSURANCE (INTERMITTENT UNEMPLOYMENT) ACT, 1942 .

Application to the Minister for Industry and Commerce for Determination of a Question under Section 10 (1) of the Insurance (Intermittent Unemployment) Act, 1942 .

1. Full name and address of applicant :—

............................................................ ............................................................ ....................................................

2. Nature of Applicant's interest in determination of question (whether interested as Employer or Employee or Otherwise ) :—

3.—(1) Name and Address of Employer.

............................................................ ............................................................ ..................................

(2) Business or Occupation............................................................ ............................................................ ..

4.—(1) Name and Address of Employee.

............................................................ ............................................................ ...................................

(2) Capacity in which employed............................................................ .......................................................

(3) Age of Employee (date of birth if under 21 years of age)............................................................ ......

5. Particulars of Employee's contract with Employer :—

(i) Building or other scheme or job or undertaking on or in connection with which the employee is engaged (State nature, purpose, and location).
(ii) (a) Precise nature of the work (to which this application relates) performed by the employee for the employer (Specify in as much detail as possible).	(a)
(b) Is the employee engaged by this employer during the same calendar week or weeks on other work ? If so,	(b)
(c) Give particulars of such other work including amount of time per week occupied therein.	(c)
(iii) Amount of weekly remuneration paid in respect of the employment to which this application relates.

SCHEDULE.—continued.

(iv) (a) Has the employee completed, or is he serving, a period of apprenticeship ?	(a)
If so,
(b) In what occupation or trade ?	(b)
(c) Name and address of employer with whom employee has served or is serving a period of apprenticeship.	(c)
(d) Date of commencement of period of apprenticeship.	(d)
(e) Date on which period of apprenticeship was, or is to be, completed ?	(e)
(v) (a) Is the employee a member of an association of employed persons ?	(a)
If so,
(b) State name of association and name and address of the Branch Secretary of the Association.	(b)
(vi) Period or periods, to which the employment, which forms the subject of this application, refers ?
(vii) If the question to which this application relates is whether weekly contributions are payable by the employer indicated at 3 of this form or by some other person who has employed or employs the employee earlier in the week the following particulars should be furnished by the applicant in so far as he is able :—
(a) The name and address of the aforesaid other employer ?	(a)
(b) The day or days in the week when the employee has been or is employed by that employer ?	(b)
(c) The hours during which the employee has been or is employed by him on these days ?	(c)
(d) The precise nature of the work on which the employee has been or is employed by the aforesaid other employer ?	(d)
(viii) Are contributions in respect of the employment, which forms the subject of this application, paid under the —
(a) National Health Insurance Acts	(a)
and
(b) Unemployment Insurance Acts ?	(b)
If not the following questions should be answered :
(ix) Who engages ?
(x) (a) Who can dismiss ?	(a)
(b) In what circumstances, and with what notice (if any) ?	(b)

SCHEDULE.—continued.

(xi) Can the employer or some person on his behalf give directions as to the method of performance of the work ?
(xii) Is personal service required (i.e., must the employee perform the work himself, or is he at liberty to substitute another) ?
(xiii) Any further information that can be given including copies of the contract of service or apprenticeship (if in writing) and of any documents bearing on above questions.

6. Names and addresses of other persons directly interested in settlement of question :—

............................................................ ............................................................ .................................

7. Reasons for considering that the application of the Act in the particular case is open to question :—

8. Further particulars.

Declaration.

I declare that the above particulars given with a view to obtaining the decision of the Minister for Industry and Commerce under section 10 (1) of the Insurance (Intermittent Unemployment) Act, 1942 , of the question whether :—(set out as briefly and as clearly as possible the question raised)

............................................................ ........................................................

are to the best of my knowledge and belief correct.

(Signed) (Name)...................................................

(Address) ................................................

................................................

(Date)..............................

Note.—If the application is made by an association of employed persons or employers, or by a person authorised on behalf of a class of persons the fact should be stated.

GIVEN under the Official Seal of the Minister for Industry and Commerce this 28th day of January, 1943.

(Signed) R. C. FERGUSON,

Secretary,

Department of Industry and Commerce.

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S.I. No. 34/1943 -- Insurance (Intermittent Unemployment) (Determination of Questions) Regulations, 1943.