Employment Act 1988

Further amendments of the 1973 Act

1 In section 11(3) of the 1973 Act (power of Commission to make payments in respect of injuries or diseases)—

(a) for the word “Commission”, in the first and third places where it occurs, there shall be substituted the words “Secretary of State”; and

(b) for the words “by the Commission or” there shall be substituted the words “by or on behalf of the Secretary of State or by”.

2 (1) In subsection (1) of section 12 of the 1973 Act (duty of Commission to give preference to certain categories of disabled persons)—

(a) for the word “Commission” there shall be substituted the words “Secretary of State”; and

(b) for the words from “and of the Secretary of State” to “section 3(4) of this Act” there shall be substituted the words “and of the Commission in exercising any such power by virtue of an authorisation or direction under section 2 or 3 of this Act”; and

(c) for the words “it or he” there shall be substituted the words “he or it”.

(2) After that subsection, there shall be inserted the following subsection—

“(1A) It shall be the duty of the Commission and of each local education authority to furnish the Secretary of State with such information in its possession as the Secretary of State may specify as being information required by him in connection with the determination of questions relating to the exercise by him of any power under this Act to make payments to any persons; and any information falling to be furnished in pursuance of this subsection shall be furnished in such form and at such times as the Secretary of State may direct.”

(3) In subsection (4) of that section (power of Commission to make payments in connection with an examination for the purposes of a claim for a payment under section 11(3))—

(a) for the word “Commission”, in the first and third places where it occurs, there shall be substituted the words “Secretary of State”; and

(b) for the words “are approved by the Secretary of State and which the Commission” there shall be substituted the words “, in the case of payments by such a board, are approved by the Secretary of State and which the Secretary of State”.

3 In Schedule 1 to the 1973 Act (supplemental provisions in relation to Commission), after paragraph 10A there shall be inserted the following paragraph—

“10B (1) Without prejudice to any power conferred on the Commission under section 2 or 3 of this Act, the Commission may—

(a) appoint persons to advise the Commission in connection with the carrying out of any of its functions; and

(b) with the consent of the Secretary of State, pay sums by way of subsistence or travelling allowances, or compensation for loss of remuneration, to persons so appointed.

(2) The approval of the Treasury shall be required for the giving of a consent under sub-paragraph (1)(b) above.”