The Personal Injuries (Civilians) Scheme 1983

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 “mine” have 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 undertakers” has 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.

(1)

, c.45.