Disabled Persons (Employment) Act 1944
1944 c.10
An Act to make further and better provision for enabling persons handicapped by disablement to secure employment, or work on their own account, and for purposes connected therewith.
Disabled persons
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Provisions for enabling registered disabled persons to obtain employment or to undertake work on their own account
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15 Provision for registered persons who are seriously disabled of employment, or work on their own account, under special conditions. C2
1
Facilities may be provided as specified in this section for enabling F12disabled persons who by reason of the nature or severity of F13their disability are unlikely either at any time or until after the lapse of a prolonged period to be able otherwise to obtain employment, or to undertake work on their own account (whether because employment or such work would not be available to them or because they would be unlikely to be able to compete therein on terms comparable as respects earnings and security with those enjoyed by persons engaged therein who F14do not have a disability), to obtain employment or to undertake such work under special conditions, and for the training of such persons for the employment or work in question.
2
The nature of the facilities to be provided under this section shall be such as the Minister may determine, and the Minister may with the approval of the Treasury make arrangements for the provision thereof by F15any company, association or body, which appears to the Minister to be able and willing to provide the requisite facilities in an efficient and proper manner.
F162A
The only kind of company which the Minister himself may form in exercising his powers under this section is a company which is—
a
required by its constitution to apply its profits, if any, or other income in promoting its objects; and
b
prohibited by its constitution from paying any dividend to its members.
3
The objects of any company to be formed for the purposes of this section may include all such objects as appear to the Minister to be requisite for enabling it to act effectively for those purposes, and any such company shall be constituted so as to enable all or any of its operations to be controlled by the Minister or persons acting on his behalf as may appear to the Minister to be requisite.
4
The Minister, or with his authorisation any such company association or body as aforesaid providing facilities under this section, may defray or contribute towards expenses incurred by persons for whom facilities are provided under this section in travelling to and from the place where they are employed or work or where training is provided, and may make payments to or in respect of such persons, up to such amounts as the Minister may with the approval of the Treasury determine and in such manner as he may determine.
5
Payments may be made by the Minister—
a
in respect of the expenses of the formation and incorporation of any such company as aforesaid
b
to any such company association or body as aforesaid in respect of expenses incurred by them in providing facilities under this section, or of expenses incurred by them under the last preceding subsection, and
c
to any local authority in respect of expenses incurred by them under any enactment conferring powers on them in that behalf in providing under arrangements made between the Minister and the authority facilities approved by him for any of the purposes mentioned in subsection (1) of this section, in defraying or contributing towards expenses incurred by persons for whom such facilities are so provided in travelling as mentioned in the last preceding subsection, or in making payments to or in respect of such persons,
up to such amounts as the Minister may with the approval of the Treasury determine.
F175A
For the purposes of this section—
a
a person is a disabled person if he is a disabled person for the purposes of the Disability Discrimination Act 1995; and
b
“disability” has the same meaning as in that Act.
6
Expenses incurred by the Minister under this section shall be defrayed out of moneys provided by Parliament.
Administration
16 Preference for ex-service men and women.
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The Minister shall so exercise his discretion in selecting persons for . . . F19 facilities under section fifteen of this Act at any time while it appears to him that they cannot for the time being be provided for all persons in need of them, . . . F19 as to secure that, so far as consistent with the efficient exercise of his powers, preference shall be given to persons . . . F20who have served whole time in the armed forces of the Crown or in the merchant navy or the mercantile marine . . . F21 . . . F22F23and whose disability is due to that service.
2
For the purposes of subsection (1) of this section, a disabled person’s disability shall be treated as due to service of a particular kind only in such circumstances as may be prescribed.
C4C5F3217 National advisory council and district advisory committees.
1
The Minister shall establish for the purposes of this Act—
C6a
a national advisory council, which shall be charged with the duty of advising and assisting the Minister in matters relating to the employment, undertaking of work on their own account or training, of disabled persons generally; and
b
for each such district in Great Britain as the Minister may determine, a district advisory committee, which shall be charged with the duty of advising and assisting the Minister 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 Minister on matters referred to the committee under this Act.
2
The provisions of the Second Schedule to this Act shall have effect with respect to the said council and committees.
18 Officers, etc.
1
The Minister, with the approval of the Treasury 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.
2
There shall be paid to officers and servants appointed under this section such salaries or remuneration as the Treasury may determine, and the expenses of the payment thereof, and any other administrative expenses incurred for the purposes of this Act by any government department, shall be defrayed out of moneys provided by Parliament.
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20 Regulations and orders.
1
The Minister may make regulations for prescribing anything which under this Act is to be prescribed.
2
Any regulations or order made by the Minister under this Act shall, as soon as may be after the making thereof, be laid before Parliament, and if either House of Parliament within the period of twenty-eight days beginning with the day on which any such regulations or order are or is laid before it resolves that the regulations or order be annulled, the regulations or order shall thereupon become void, without prejudice, however, to the validity of anything previously done thereunder or to the making of new regulations or a new order.
In reckoning any such period of twenty-eight 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.
3
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4
An order made under this Act may be varied or revoked by a subsequent order.
Application, commencement, etc.
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22 Provisions as to Northern Ireland.
1
The preceding provisions of this Act shall not extend to Northern Ireland.
2
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4
His Majesty may by Order in Council make provision for securing that, if and so long as—
a
a register of disabled persons is maintained under any laws made by the Parliament of Northern Ireland for such purposes as aforesaid.
b
provision is made by any such laws, as regards the matters dealt with in sections nine to fifteen of this Act or any of those matters, appearing to His Majesty to be similar in all material respects to the provision made as regards those matters or that matter by those sections respectively, and
c
registration under this Act is treated for the purposes of the said provision made by those laws as having the same effect as registration under those laws in the register of disabled persons maintained thereunder,
registration as aforesaid under those laws shall be treated for the purposes of the provisions of this Act relating to the matters or matter in question as having the same effect as registration under this Act.
An Order in Council made under this subsection may be varied or revoked by a subsequent Order in Council.
23 Short title, interpretation and commencement.
1
This Act may be cited as the Disabled Persons (Employment) Act 1944.
2
References in this Act to any enactment shall be construed as references to that enactment as amended by or under any other enactment.
3
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SCHEDULES
FIRST SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30
Sch. 1 repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I
F31C3SECOND SCHEDULE
Sch. 2 ceased to have effect (with saving) (31.3.1997) by virtue of S.I. 1997/536, art. 3 (with art. 4) and repealed (1.4.1998) by S.I. 1998/565, art. 2
Sch. 2: Power to repeal conferred (2.12.1996) by 1995 c. 50, s. 60(6)(a) (with ss. 59, 64, 65); S.I. 1996/1474, art. 2(3)
Provisions as to advisory council and committees
1
1
The national advisory council and each district advisory committee shall consist of members appointed by the Minister, being—
a
one person appointed by him as being an independent person to act as chairman; and
b
such number of other persons as the Minister 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 him, after consultation with such organisations representing employers and workers respectively, or both employers and workers, as he 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 Minister.
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 Minister determine, and may delegate to a panel so established the duty of making recommendations to the Minister either as respects any particular matter referred to the committee by him 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 Minister for the purposes of subsection (7) of section nine of this Act.
3
The Minister 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 Minister 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 Minister with the approval of the Treasury may determine.
5
1
The Minister may by regulations make any such provision as appears to him 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.
“The Minister” means the Secretary of State, by virtue of s. 2(1) of this Act, S.I. 1959/1769 (1959 I, p. 1795), art. 2(1) and 1968/729, arts. 2(1), 3(2)