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The Personal Injuries (Civilians) Scheme 1983

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Article 4

SCHEDULE 1CIVIL DEFENCE ORGANISATIONS

1.  Any organisation established and maintained by a Government Department or a local authority for the purpose of carrying out any specified service in connection with any of the civil defence functions of that Department or authority.

2.  Any organisation established and maintained by a Government Department or a local authority for the purpose of—

(a)giving assistance in connection with the transport of members of the civil population who were transferred in pursuance of an evacuation plan; or

(b)assisting to secure accommodation for members of the civil population who were, or were proposed to be, transferred in pursuance of an evacuation plan or who were rendered homeless as a result of enemy action or who left their homes in consequence or apprehension of enemy action;

being, in the case of an organisation established and maintained for the purpose mentioned in sub-paragraph (b) of this paragraph, an organisation consisting only of unpaid members.

3.  Any organisation—

(a)established and maintained by a Government Department or a local authority (including a police authority) or by the Receiver for the Metropolitan Police District for the purpose of assisting in the carrying on of canteens for the benefit of members of any organisation described in paragraph 1 of this Schedule or named in sub-paragraphs (1) to (8) inclusive of paragraph 17 of this Schedule; and

(b)consisting only of unpaid members.

4.  Any organisation established and maintained by a Government Department or a local authority for the purpose of assisting during an emergency resulting from enemy action or the apprehension of enemy action to provide food, clothing, shelter, information or other necessities for which there was a need as the result of that emergency, being an organisation consisting only of unpaid members.

5.  Any organisation established and maintained by a local authority for the purpose of collecting, decontaminating, identifying or disposing of the bodies of persons killed as a result of enemy action.

6.  Any organisation—

(a)established and maintained by a Government Department, public utility undertakers, an employer, a group of employers, or by a person who had an interest in, or the control or management of, any general premises; and

(b)established for the purpose of carrying out any specified service in connection with a protective scheme, and maintained for that purpose, or for the purpose of assisting any organisation described in paragraph 1 of this Schedule, the National Fire Service or any other organisation described in this paragraph, to carry out the purpose of that organisation; and

(c)comprising amongst its members persons (the number of whom was ordinarily not less than 6) who were being effectively trained and equipped to perform between them the duties of giving first aid treatment, dealing with the effects of gas and fighting fires.

7.  Any organisation established and maintained for the purpose of providing a fire guard service—

(a)in accordance with arrangements in force under the Fire Guard (Business and Government Premises) Order 1943, or under any order revoked by that Order; or

(b)for any premises to which that Order did not apply, other than residential premises;

being, in a case coming within sub-paragraph (b), an organisation consisting only of members who were registered with a local authority.

8.  Any organisation established and maintained—

(a)by any body or person having the management of any hospital for the purpose of carrying out duties in connection with the work of that hospital; or

(b)by a Government Department, a local authority or any such body or person as aforesaid for the purpose of giving assistance in connection with the transference of patients in pursuance of arrangements made by the Minister of Health or the Secretary of State under section 50(1)(a) of the Civil Defence Act 1939;

being in either case an organisation consisting only of unpaid members.

9.  Any organisation established and maintained by public utility undertakers (being undertakers carrying on a water undertaking) for the purpose of assisting to provide the public, during an emergency resulting from enemy action or the apprehension of enemy action, with emergency supplies of drinking water, being an organisation consisting only of unpaid members.

10.  Any organisation—

(a)established by public utility undertakers for the purpose of carrying out, in the event of damage being caused by enemy action to any part of their undertaking, such temporary or emergency measures as might be necessary to protect persons or property from danger resulting from that damage; and

(b)maintained by those undertakers for that purpose or for the purpose of assisting any other organisation described in this paragraph to carry out the purpose of that other organisation.

11.  Any organisation established and maintained by or with the approval of the Minister of Health or the Secretary of State for the purpose of providing a blood transfusion service for the benefit of casualties from enemy action, being an organisation consisting only of unpaid members.

12.  Any organisation established and maintained by or with the approval of the Minister of Health or the Secretary of State for the purpose of securing that persons should become qualified for membership of the Civil Nursing Reserve and consisting only of members who were being trained to become so qualified.

13.  Any organisation established and maintained by or with the approval of a Government Department for the purpose of detecting and rendering harmless, or of assisting to detect and render harmless, unexploded bombs or other noxious things used by or against the enemy.

14.  Any organisation established and maintained by a Government Department for the purposes of providing escorts for, or assisting in the transference of, civilians who were transferred by sea in consequence or apprehension of enemy action.

15.  Any organisation of car drivers or messengers established and maintained by a Government Department in connection with any civil defence purpose and consisting only of unpaid members.

16.  Any organisation established and maintained by the National Air Raid Precautions Animals Committee for the purpose of protecting the public from animals becoming panic-stricken or contaminated with gas as a result of enemy action.

17.  The organisations known as—

(1)

The Auxiliary Fire Service (for the period prior to the establishment of the National Fire Service).

(2)

The National Fire Service.

(3)

The Civil Defence Reserve.

(3)

The Civil Defence Reserve.

(4)

The Kent County Civil Defence Mobile Reserve.

(5)

The West Sussex County Civil Defence Mobile Reserve.

(6)

The Police War Reserve (up to and including 31st March 1945).

(7)

The Women's Auxiliary Police Corps (up to and including 31st March 1945).

(8)

The Police Auxiliary Messenger Service.

(9)

The Royal Marine Police Special Reserve.

(10)

The Royal Observer Corps.

(11)

The Emergency Medical Service.

(12)

The Civil Nursing Reserve.

(13)

The Port of London Authority River Emergency Service.

18.—(1) In this Schedule, unless the context otherwise requires—

(a)civil defence functions”, in relation to a local authority, means any functions in connection with civil defence which were conferred or imposed on that authority in their capacity as such by the Civil Defence Acts 1937 and 1939, or by any regulation made under the Emergency Powers (Defence) Acts 1939 and 1940(1) or which were or could have been conferred or imposed on that authority in that capacity under the Civil Defence Act 1937 and 1939, or under any such regulation;

(b)commercial building”, “factory premises” and “minehave the same meanings respectively as they have in section 23 of the Civil Defence Act 1939;

(c)employer” means any person who employed more than 30 persons in any commercial building or factory premises or in or about any mine, and “group of employers” means any person who between them employed more than 30 persons in the same commercial building or in adjacent premises which either were factory premises or would have been factory premises if more than 30 persons worked therein;

(d)evacuation plan” means a plan prepared by or on behalf of a Government Department for the transference in the event of enemy action or the apprehension of enemy action of members of the civil population from one area to another;

(e)general premises” means any premises but does not include premises which were wholly or mainly used or, so far as unoccupied, intended to be used, for the purposes of private residence unless they were so designed as to accommodate at least 50 residents;

(f)hospital” means any hospital comprised in any arrangements made by the Minister of Health or the Secretary of State under section 50(1)(a) of the Civil Defence Act 1939;

(g)maintained” means maintained at any time during the period of the emergency;

(h)protective scheme”, in relation to any organisation, means a scheme for protecting from enemy action or from the consequences of enemy action the following premises or persons, that is to say—

(i)in the case of an organisation established by a Government Department, the premises occupied by or for the purposes of that Department, or any persons in or about those premises;

(ii)in the case of an organisation established by public utility undertakers, the premises of those undertakers or any persons in or about those premises;

(iii)in the case of an organisation established by an employer or by a group of employers, the building, premises or mine in or about which more than 30 persons were employed by that employer or group of employers, or any persons in or about that building, those premises or that mine;

(iv)in the case of an organisation established by any person having an interest in, or the control or management of, any general premises, those premises or any persons in or about those premises;

(i)public utility undertakershas the meaning assigned to it by section 90(1) of the Civil Defence Act 1939;

(j)residential premises” means any premises occupied wholly or mainly for residential purposes including premises occupied as a hotel, boarding house or lodging house: Provided that the expression shall not be deemed to include—

(i)any premises occupied partly as a shop or farm; or

(ii)any premises occupied as a hotel, boarding house or lodging house in which more than 5 persons, including the occupier and members of his family, were employed or occupied in the business of the hotel, boarding house or lodging house;

(k)specified service”, in relation to any such organisation as is described in paragraph 1 of this Schedule, means any of the following services—

(i)control and report service;

(ii)air-raid warden (including shelter warden) service;

(iii)fire guard service;

(iv)first aid, casualty or ambulance service;

(v)rescue service;

(vi)gas identification service;

(vii)decontamination service;

(viii)messenger service;

(ix)instructor service;

(x)medical and nursing service for public air-raid shelters;

and, in relation to any such organisation as is described in paragraph 6 of this Schedule, means any of the services mentioned in sub-paragraphs (i) to (viii) inclusive of this sub-paragraph and, in addition—

(xi)fire service;

(xii)raid spotter service; and

(xiii)key-men service, that is to say, the service performed by persons who, in the event of enemy action, were charged with the duty of turning off gas, electricity or water or attending to boilers or other vital plant or machinery.

(2) For the purposes of this Schedule, members of an organisation shall be treated as unpaid notwithstanding that, in consideration of the performance of their duties as members of that organisation, they were provided with their board and lodging or received a subsistence allowance or had their expenses or insurance contributions paid or any loss of wages or other emoluments made good to them.

(3) For the purposes of paragraph 6 of this Schedule, a local education authority shall be deemed to have had an interest in the premises of a public elementary school maintained by them, whether provided by them or not.

(4) The reference in paragraph 7 of this Schedule to a fire guard service shall, in relation to such arrangements as are mentioned in sub-paragraph (a) of that paragraph, be construed as including a reference to any service included in those arrangements under Part III of the Fireguard (Business and Government Premises) Order 1943.

19.  In the application of this Schedule to Northern Ireland—

(a)any reference to a Government Department shall be construed as including a reference to a Department of the Government of Northern Ireland;

(b)any reference to the Minister of Health or the Secretary of State shall be construed as a reference to the Ministry of Public Security or the Ministry of Home Affairs;

(c)any reference to the Civil Defence Acts 1937 and 1939 shall be construed as a reference to the Civil Defence Acts (Northern Ireland) 1938 and 1939;

(d)references to sections 23, 50(1)(a) and 90(1) of the Civil Defence Act 1939 shall be construed respectively as references to sections 21, 43(1)(a) and 74(1) of the Civil Defence Act (Northern Ireland) 1939;

(e)the reference in paragraph 16 to any organisation established and maintained by the National Air Raid Precautions Animals Committee shall be construed as a reference to any organisation established and maintained in Northern Ireland with the approval of the Ministry of Public Security or the Ministry of Home Affairs for the purpose set out in paragraph 16;

(f)references to the Emergency Medical Service, the Civil Nursing Reserve and the National Fire Service shall be construed respectively as references to the Emergency Medical Service for Northern Ireland, the Civil Nursing Reserve for Northern Ireland and the National Fire Service (Northern Ireland);

(g)in paragraph 18(1)(c) and (h) for the figures “30” in every place where they appear there shall be substituted the figures “20”;

(h)in paragraph 18(3) for the words “a local education authority” there shall be substituted the words “an education authority”.

(1)

, c.45.

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