(1) The last two foregoing sections shall apply to any such premises as are mentioned therein in which the interest of the immediate landlord of the tenant belongs to His Majesty in right of the Crown or to a government department or is held on behalf of His Majesty for the purposes of a government department, in like manner as the said section applies to any other such premises.
(2) Where the Minister or Board in charge of any Government Department is satisfied that for reasons of national security it is necessary that the use or occupation of any such premises in which the interest aforesaid belongs to a Government Department or is held on behalf of His Majesty for the purposes of a Government Department should be discontinued or changed, the Minister or Board may certify that this subsection applies to the premises; and where such a certificate is given the sheriff shall not determine that the tenancy shall be renewed.
(1) Subsection (2) of section twenty-six of the Fire Services Act, 1947 (which relates to the provisions which may be included in the Firemen’s Pension Scheme brought into operation under that section) shall have effect as if after paragraph (a) thereof there were inserted the following paragraph:—
(aa) where a person immediately before he undertakes service of a description specified in the First Schedule to the Reserve and Auxillary Forces (Protection of Civil Interests) Act, 1951, or attends for hourly instruction as defined in section forty-two of that Act either—
(i) is a member of a fire brigade maintained in pursuance of this Act, or
(ii) is employed in employment on duties connected with the provision of fire services which is treated for the purposes of the Scheme as if it were employment as a member of such a fire brigade,
for treating employment during the period of his service or instructiion, and during such further period, if any, as may be specified in the Scheme, as employment as a member of such a fire brigade.
(2) In this section the expression “hourly instruction” means—
(a) part-time service under the National Service Act 1948, otherwise than pursuant to a training notice under that Act; and
(b) service for the purposes of training only performed by a person mentioned in paragraph 7 of the First Schedule to this Act for a period shorter than that mentioned in that paragraph.
(1) . . ., any order made for the purposes of section forty-two of this Act . . . may be framed so as to have effect as from the fifteenth day of July, nineteen hundred and fifty.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Part of this Act in any sums payable under any other enactment out of moneys so provided.
(2) There shall be paid into the Exchequer any increase attributable to the provisions of this Part of this Act in any sums required under any other enactment to be so paid.
46 General provisions as to payments to make up civil remuneration.
(1) Where a person occupied in any capacity specified in the first column of Part I or Part II of the Second Schedule to this Act ceases to be so occupied in order to perform relevant service to which this Part of this Act applies, there may, subject to the provisions of this Part of this Act, be made to or in respect of him such payments as are hereafter in this section provided.
(2) While any such person is performing relevant service to which this Part of this Act applies, there may be paid to him, or to or for the benefit of his spouse or civil partner or other dependants nominated by him, a sum which shall not exceed the remuneration which he would have received if he had continued to be occupied in the said capacity, after deducting therefrom the amount of his service pay:
Provided that, in applying this subsection in the case of a person occupied in several capacities specified as aforesaid, account shall be taken, in relation to any one of those capacities, of the appropriate proportion only of his service pay, and not of the whole.
(3) In the event of the death of any such person while performing relevant service to which this Part of this Act applies, then, unless that person leaves—
(a) a surviving spouse entitled to a surviving spouse’s pension by virtue of—
(i) regulations made under section 7 or 10 of the Superannuation Act 1972; or
(ii) any local Act scheme; or
(iii) the Fire and Rescue Services Act 2004; or
(iv) the Police Pensions Act 1976; or
(b) a surviving civil partner entitled to a surviving civil partner’s pension by virtue of any of those provisions,
there may, during a period not exceeding twenty-six weeks from the date of the death, be paid to or for the benefit of that person’s surviving spouse, surviving civil partner or other dependants such sum as might have been paid to him under the last foregoing subsection if he had been performing such service during that period.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where the capacity in which the person in question was occupied is a capacity specified in Part I of the Second Schedule to this Act, the power of making payments under the last foregoing section shall be exercisable by the authority specified as respects that capacity in the second column of the said Part I.
(2) Where the capacity is a capacity specified in Part II of the said Schedule, the determination as to the payments to be made under the last foregoing section shall be made by the authority specified as respects that capacity in the second column of the said Part II (hereafter in this Part of this Act referred to as the “determining authority”), and it shall be the duty of the authority specified as respects that capacity in the third column of the said Part II (hereafter in this Part of this Act referred to as the “paying authority”) to make any payment in accordance with the determination of the determining authority.
(3) A paying authority aggrieved by a determination under the last foregoing subsection of a determining authority who is not the Secretary of State may, within one month from the receipt by them of written notice of the determination, appeal to the Secretary of State, and where such an appeal is brought the said subsection shall have effect as if the Secretary of State were the determining authority:
Provided that in the cases as to which it is so directed in the third column of the said Part II the right of appeal shall be exercisable by the authority therein specified instead of by the paying authority.
48 Recoupment of expenses incurred in connection with civil occupation while serving in the forces.
Where a person to whom subsection (1) of section forty-six of this Act applies by virtue of his having been occupied in the capacity of coroner, or clerk of the peace, . . . incurs expenses in the payment of salaries or other sums to persons employed by him in connection with his duties in that capacity, or office expenses in connection with those duties, and those expenses are in respect of the period during which he is performing relevant service to which this Part of this Act applies and would otherwise have had to be borne by him, those expenses shall be recouped to him by the paying authority.
Where a power of making a payment under this Part of this Act is exercisable by several probation committees acting jointly and those committees cannot agree as to how that power is to be exercised, it shall be their duty to pay such amount, if any, as the Secretary of State may determine.
50 Assimilation of treatment of payments under Part V and certain other payments to treatment of remuneration in civil capacity.
(1) Where any enactment (whether contained in or having effect under any Act) relating to the manner in which any expenses are to be paid or borne, or to the making of grants towards any expenses, would have applied as respects the remuneration which any such person as is mentioned in subsection (1) of section forty-six of this Act would have received if he had continued to be occupied in the capacity in question, that enactment shall apply in like manner as respects any payment under the foregoing provisions of this Part of this Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subsections (1) ... of this section shall apply in relation to any agreement between the town council of a small burgh within the meaning of the Local Government (Scotland) Act 1947, and the county council relating to contributions by the town council towards the remuneration of a ... sanitary inspector as they apply in relation to the enactments therein mentioned.
There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Part of this Act in any sums payable under any other enactment out of moneys so provided.
52 Service to which Part V applies and interpretation.
(1) The relevant service to which this Part of this Act applies is any relevant service except—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . service of a description specified in paragraph 7 of the said First Schedule performed under an obligation or voluntary arrangements under which its continuous duration is limited to fifteen days or less.
(2) In this Part of this Act—
(a) the expression “service pay” means pay for performing relevant service to which this Part of this Act applies, and includes marriage, civil partnership, family and other similar allowances, and
(b) the reference to the appropriate proportion of the service pay of a person previously occupied in several capacities specified in the Second Schedule to this Act shall, in relation to any one of those capacities, be construed as a reference to the proportion which the rate at which he was last remunerated in that capacity bears to that rate plus the rate at which he was last remunerated in each of the other capacities.
(3) In this Part of this Act the expression “remuneration” means salaries, wages and emoluments, but any reference to the remuneration which a person received or would receive shall be construed as a reference to the net remuneration after deducting any expenses which he incurred or would have incurred in the payment of salaries or other sums to persons employed by him in connection with the duties in respect of which he received or would receive the remuneration and any office expenses in connection with those duties.
54 Protection of life policies (industrial assurance, and collecting societies).
(1) This section applies to—
(a) policies of industrial assurance; and
(b) policies of assurance upon human life effected before 1st December 2001 with collecting societies other than policies of industrial assurance.
(1A) In subsection (1), “collecting society” means a friendly society which, at the time when the policy in question was effected, carried on industrial assurance business within the meaning of section 1 of the Industrial Assurance Act 1923.
(2) In this Part of this Act the expression “relevant premium”, used in relation to a given period of relevant service, means an unpaid premium as to which the following conditions are fulfilled, that is to say, that it fell due either—
(a) during that period of service or within the following additional period from the ending thereof, that is to say, three months or twice the duration of the period of service, whichever is the shorter, or
(b) before the beginning of that period of service on a policy which was in force immediately before the beginning thereof,
and that at the beginning of the period of service one year’s premiums or more had been paid on the policy on which it fell due.
(3) A policy to which this section applies shall not be forfeited after the commencement of this Act by reason of non-payment of any premium if either—
(a) on an application for relief duly made under subsection (4) of this section after the non-payment occurred, relief from forfeiture in respect of the non-payment of it is granted thereunder; or
(b) it falls due whilst a period of protection for the policy under this section is current.
(4) Where under section twenty-three of the Industrial Assurance Act 1923 (which requires notice before forfeiture by reason of non-payment of premium) a notice relating to a relevant premium or premiums either—
(a) is served after the commencement of this Act, or
(b) has been served before the commencement of this Act but the policy has not been forfeited at the commencement thereof,
if the owner of the policy or any other person on his behalf duly makes an application to the company or society for relief under this subsection and it appears on such an application that the owner of the policy, whether the service man or another, is unable to pay the amount stated in the notice as due by reason of circumstances directly or indirectly attributable to the service man’s performing the period of relevant service, or, if it has ended, to his having performed it, the company or society shall grant relief in respect of the non-payment of the premium or premiums to which the notice relates, and, if the relief is granted after the ending of the additional period referred to in subsection (2) of this section, in respect of any other relevant premium or premiums fallen due on the policy since the notice was served:
Provided that if the notice, being served after the ending of the said additional period, relates to any premium not being a relevant premium as well as to the relevant premium or premiums, relief shall be granted in respect only of the relevant premium or premiums, but in a case in which relief is granted and this proviso takes effect a further notice shall be required under and by virtue of the said section twenty-three before forfeiture of the policy by reason of default in payment of any premium excluded from the relief by this proviso.
An application for relief under this subsection must be made within twenty-eight days from the date of the serving of the notice if served after the commencement of this Act or within three months from such commencement if it was served theretofore, so however that, if the date of the serving of the notice was before the beginning of the period of relevant service, an application under this subsection shall be deemed to be made in due time if it is made within twenty-eight days from the beginning of that period.
(5) Where such a notice has been served before the commencement of this Act and the policy has been forfeited at the commencement thereof, if the owner of the policy or any other person on his behalf within three months from the commencement of this Act duly makes an application to the company or society for reinstatement of the policy and it appears on such an application that there was at the expiration of the time for payment limited by the notice the like inability to pay as is mentioned in the last preceding subsection, the company or society shall grant the application:
Provided that if the notice, having been served after the ending of the additional period referred to in subsection (2) of this section, related to any premium not being a relevant premium as well as to the relevant premium or premiums, the company or society shall not be under obligation to reinstate the policy unless the premium or premiums other than relevant premiums are paid within twenty-eight days from the time when the granting of the application is notified.
(6) Where under the preceding provisions relief from forfeiture is granted, or a policy is reinstated, during the period of relevant service in question or the additional period referred to in subsection (2) of this section, the company or society shall fix a period of protection for the policy.
(7) Where a period of protection for a policy has been fixed the company or society shall extend it from time to time on application being duly made by or on behalf of the owner of the policy if it appears that the period of service in question or the additional period referred to in subsection (2) of this section has not ended, subject however to the next succeeding subsection.
(8) The company or society may at any time terminate a period of protection which is then current, or may refuse an application made at any time for extension of such a period, if it appears that the owner of the policy for which the period was fixed is no longer unable to pay the premiums thereon by reason of such circumstances as are mentioned in subsection (4) of this section, and they may at any time shorten a period of protection which is then current if it then appears that it will extend beyond the ending of the additional period referred to in subsection (2) of this section, and may terminate a period of protection which remains current after the ending of the said additional period.
(9) A complaint may be made to the ombudsman scheme in relation to any refusal by a company or society to grant under this section relief from forfeiture, or an application for reinstatement, and from any termination or shortening by them of a period of protection and from any decision of theirs as to the length of time for which a period of protection is to be fixed or extended; and, where an ombudsman determines a complaint in favour of the complainant in circumstances in which a period of protection is required to be fixed or extended, the length of it shall be determined by him instead of by the company or society.
A complaint to the ombudsman scheme made under this subsection is to be treated as if it were a complaint to which the voluntary jurisdiction of the scheme applies, and the scheme operator may make such adaptations of the voluntary jurisdiction rules as appear to it to be necessary in the circumstances for the determination of a complaint made under this subsection.
(9A) For the purposes of subsection (9)—
“voluntary jurisdiction of the scheme” has the meaning given in section 227(12) of the Financial Services and Markets Act 2000, and
“voluntary jurisdiction rules” has the meaning given in section 227(3) of that Act.”.
55 Protection of life policies (friendly societies other than collecting societies).
(1) This section applies to -
(a) policies of assurance upon human life, in respect of which there are separate premiums, effected before the 1st December 2001 with a friendly society which was not a collecting society, and
(b) policies of assurance upon human life effected on or after the 1st December 2001 with a friendly society.
(1A) In subsection (1)(a), “collecting society” means a friendly society which at the time when the policy in question was effected, carried on industrial assurance business within the meaning of section 1 of the Industrial Assurance Act 1923.
(2) Where a policy to which this section applies has been forfeited, whether before or after the commencement of this Act, by reason of non-payment of a relevant premium or premiums (as defined in the last preceding section), if the owner of the policy or any other person on his behalf at any time before the expiration of six months from the wdate of the ending of the period of relevant service in question (or, if later, the expiration of three months from the commencement of this Act) duly makes an application to the society for reinstatement of the policy, and it appears on such an application that there was at the time when the forfeiture took place the like inability to pay as is mentioned in subsection (4) of the last preceding section, the society shall grant the application:
Provided that, if at the time when the forfeiture took place the society was entitled to forfeit the policy by reason of non-payment of any premium not being a relevant premium as well as by reason of non-payment of the relevant premium or premiums, the society shall not be under obligation to reinstate the policy unless the premium or premiums other than relevant premiums are paid within twenty-eight days from the time when the granting of the application is notified.
(3) Subsection (9) of the last preceding section shall apply to a refusal of an application under this section as it applies to a refusal of an application under subsection (5) of that section.
(1) Where relief from forfeiture of a policy is granted, or a policy is reinstated, under either of the two last preceding sections on an application made in connection with any period of service, the amount or aggregate amount of any relevant premium or premiums thereon remaining unpaid at the time for writing-off hereinafter defined, or on the arising of a claim under the policy before that time, shall be dealt with in accordance with subsection (3) or (4) of this section:
Provided that, in the case of a policy for which a period of protection has been fixed under section fifty-four of this Act, the premiums to be dealt with as aforesaid (in this section referred to as the relevant arrears) shall include all premiums remaining unpaid as aforesaid which fell due thereon during that period and shall exclude any premium falling due thereon after the ending of that period.
(2) In this section the expression “time for writing-off” means the expiration of twenty-eight days from—
(a) in the case of a policy to which section fifty-four of this Act applies, if a period of protection has been fixed therefor under that section, the ending of that period, or, if no period of protection therefor has been so fixed, the date on which the decision for relief or reinstatement is notified;
(b) in the case of a policy to which section fifty-five of this Act applies, if it was reinstated before the ending of the additional period referred to in subsection (2) of section fifty-four of this Act, the date of the ending of that period, or, if it is reinstated after the ending of that period, the date on which the decision for reinstatement is notified.
(3) Where at the time for writing-off there are relevant arrears on a policy as to which relief from forfeiture has been granted, or which has been reinstated, under either of the two last preceding sections, and the policy is then in force and a claim has not arisen thereunder, the terms of the policy shall be varied in accordance with the following provisions of this subsection.
If the policy is a policy for the whole term of life, the relevant arrears shall be extinguished by a reduction of the sum assured under the policy, the amount of the reduction being the amount of those arrears multiplied by the factor shown in the following table which is appropriate to the age next birthday of the person whose life is assured:—
Age next Birthday | Fa ctor | Age nex t Birthday | Fa ctor
1 to 5 | 6 | 36 to 40 | 2 ·5
6 to 10 | 5 ·5 | 41 to 45 | 2· 25
11 to 15 | 5 | 46 to 50 | 2
16 to 20 | 4 ·5 | 51 to 55 | 1 .75
21 to 25 | 4 | 56 to 65 | 1· 5
26 to 30 | 3 ·5 | 66 to 75 | 1·25
31 to 35 | 3 | 76 and over | 1
If the policy is an endowment policy, the date of maturity of the policy shall be postponed by a period equal to that in respect of which the premium or premiums comprised in the relevant arrears were payable, and the period during which premiums under the policy remain payable after that time shall be correspondingly extended.
(4) Where a claim arises under such a policy (or, in the case of a policy reinstated, is to be deemed by virtue of subsection (3) of the next succeeding section to have arisen thereunder) before the time for writing-off and there are or were relevant arrears thereon at the time when the claim arises or is to be deemed to have arisen, the amount payable in respect of the claim shall be reduced by the amount of those arrears together with compound interest thereon at the rate of three per cent. per annum with half-yearly rests.
For the purposes of this subsection any sums paid or tendered in respect of any premiums shall be treated as satisfying them in the order in which they fell due.
(5) Where the amount of a free policy or of a surrender value is required to be ascertained in relation to such a policy and at the date when the ascertainment is made there is or are remaining unpaid any premium or premiums on the policy which either—
(a) if the time for writing-off has come, have been dealt with, or are to be dealt with, as relevant arrears under subsection (3) of this section, or
(b) if that time has not come, will fall to be so dealt with if not paid before that time,
the provisions of the policy, of any guarantee given in relation thereto, and of the Industrial Assurance Acts 1923 to 1948, relating to free policies and surrender values shall have effect subject to such modifications as appear to the actuary to be necessary having regard to the non-payment of the premium or premiums aforesaid and to the actual or prospective variation of the terms of the policy under subsection (3) of this section.
(5A) In subsection (5), “the actuary” means an independent actuary whose appointment has been agreed by the parties to the policy.
(6) In this section the expression “endowment policy” means a policy insuring money to be paid on the duration for a specified period of the life of the person assured, either with or without provision for the payment of money in the event of the death of that person before the expiration of that period and either with or without provision for the payment of money before the expiration of that period and during the life of that person in the event of the marriage of that person or otherwise.
57 Provisions supplementary to the three preceding sections.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A notice under section twenty-three of the Industrial Assurance Act 1923, served after the expiration of six months from the commencement of this Act as to a policy on which one year’s premiums or more have been paid shall be of no effect unless, in addition to the matters required by that section to be stated, it contains a statement in such form as may be prescribed by regulations under this section of the effect of subsection (4) of section fifty-four of this Act.
(3) Subject to the provisions of the last preceding section a policy reinstated under section fifty-four or fifty-five of this Act after a forfeiture shall have effect, and be deemed always to have had effect, as if the forfeiture had not taken place:
Provided that nothing in this subsection shall be construed as authorising a company or society again to forfeit such a policy by reason of any non-payment of a relevant premium that occurred before the forfeiture.
(4) Regulations may be made by the Commissioner with the consent of the Treasury, by statutory instrument—
(a) as to procedure in connection with the making of applications under this Part of this Act, with the fixing, extending, terminating and shortening of periods of protection, and with appeals, including provision as to information to be furnished and the manner of verification thereof;
(b) for fixing limits of time for appeals;
(c) as to the form and manner in which decisions of companies or societies, and of the Commissioner on appeals, are to be expressed and notified;
(d) for requiring notice to be given of the termination or shortening of periods of protection, and shortly before such periods are about to end, and for extending such periods in cases in which there is default in giving such notice;
(e) for preventing forfeiture of a policy at a time when a right to make an application or appeal which would be prejudiced thereby is subsisting, or when such an application or appeal has been made and is pending;
(f) for enabling relief (including relief by way of reinstatement of a policy after forfeiture) to be granted in cases in which there has been a failure to make an application or appeal within due time and there were good reasons for the failure;
(g) for other purposes for which provision is required for giving full effect to the preceding provisions of this Part of this Act.
(5) Subject to subsection (5A), any contravention by an industrial assurance company, a collecting society, or a friendly society of provisions this Part or of regulations under this section is to be treated as if it were a contravention of a requirement imposed under the Financial Services and Markets Act 2000 (with the effect that Part XIV of that Act applies).
(5A) A contravention of the kind mentioned in subsection (5) is not actionable under section 138D of the Financial Services and Markets Act 2000 (actions for damages).
(5B) Nothing in subsection (5) prejudices the operation of section 16 of the Interpretation Act 1978 in relation to any legal proceedings in respect of, or any penalty which may be imposed in relation to, a contravention of the kind mentioned in that subsection committed before 1st December 2001.
(6) The Statutory Instruments Act 1946, shall apply to a statutory instrument containing regulations under this section in like manner as if it had been made by a Minister of the Crown.
(7) No regulations under this section shall be made unless a draft thereof has been approved by resolution of each House of Parliament:
Provided that regulations may be made under this section within three months from the date of the passing of this Act without a draft thereof having been approved as aforesaid, but regulations so made shall be laid before Parliament after being made and shall cease to have effect on the expiration of a period of twenty-eight days from the date on which they were made unless at some time before the expiration of that period they have been approved by a resolution of each House of Parliament, without prejudice however to anything previously done thereunder of to the making of new regulations.In reckoning any such period of twenty-eight days 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.
58 Relief against non-payment of contributions to friendly societies (other than life policy premiums).
(1) Where any person performing a period of relevant service was at the beginning ot that period a member of a friendly society, having paid contributions to the society for a period up to that time of one year of longer, and thereafter ceases to pay contributions to the society, he shall not for that reason cease to be a member but no further contributions shall be paid by him until the ending of that period, and his rights to any benefits provided by the society shall be suspended until he subsequently resumes payment of contributions, and he shall thereupon, as respects any benefits accruing in the future, be in the same position as he would have been if he had not ceased to pay contributions:
Provided that regulations may be made under this section within three months from the date of the passing of this Act without a draft thereof having been approved as aforesaid, but regulations so made shall be laid before Parliament after being made and shall cease to have effect on the expiration of a period of twenty-eight days from the date on which they were made unless at some time before the expiration of that period they have been approved by a resolution of each House of Parliament, without prejudice however to anything previously done thereunder or to the making of new regulations.
(2) The preceding subsection shall not affect any policy to which section fifty-four or fifty-five of this Act applies.
(3) Nothing in this section shall be taken to prevent a friendly society providing by its rules for the continuance of the membership of persons performing relevant service upon terms more favourable than those provided by this section.
(4) This section shall be deemed to have had effect from the fifteenth day of July, nineteen hundred and fifty.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In this Part of this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
. . .
“collecting society” means a friendly society which—
immediately before 1st December 2001 carried on industrial assurance business, within the meaning of section 1 of the Industrial Assurance Act 1923, and
after that date is subject to an existing liability or a liability which may accrue under a policy effected in the course of that business to which the provision of this Part apply;
“friendly society” has the meaning given by section 116 of the Friendly Societies Act 1992 ;
“industrial assurance company” and “company” means a person other than a friendly society who—
immediately before 1st December 2001 carried on industrial assurance business, within the meaning of section 1 of the Industrial Assurance Act 1923, and
after that date is subject to an existing liability or a liability which may accrue under a policy effected in the course of that business to which the provisions of this Part apply;
“ombudsman scheme” has the meaning given in section 225(3) of the Financial Services and Markets Act 2000;
“owner” means, in relation to a policy effected with a friendly society other than a collecting society, the person who is for the time being the person entitled to receive the sums payable under the policy on maturity, and means, in relation to a policy which has been forfeited, the person who would be so entitled if the policy were still in force;
“policy” includes a contract of assurance in respect of which no specific document constituting the contract is issued;
“society” means, as the case may be—
a collecting society, or
a friendly society which is subject to an existing liability or a liability which may accrue under a policy to which section 55 applies.
references to a registered society include references to a branch of such a society;
references to forfeiture of a policy shall be construed, in a case where the policy provides that on a default in the payment of premiums the policy provides that on a default in the payment of premiums the policy shall be converted into a free policy for a reduced amount, as including references to such a conversion.
(2A) References in this Act to section 23 of the Industrial Assurance Act 1923 are to be treated as references to that section as it has effect, notwithstanding the repeal of that Act, by virtue of the Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 2001.
(3) His Majesty may be Order in Council direct that this Part of this Act shall extend, with such expceptions, adaptations and modifications, if any, as may be specified in the Order, to the Isle of Man or any of the Channel Islands.
60 Evidence as to performance of relevant service.
(1) A certificate stating that a person has performed or is performing of is to perform a period of relevant service or of relevant service of any particular description, or the duration of the date of the beginning or ending of such a period, or whether such a period which has been or is being or is to be performed by any person is or is not a short period training, being a certificate which is signed by a person authorised in that behalf—
(a) by the Defence Council ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall in all legal proceedings be sufficient evidence of the facts stated therein for the purposes of the Act except to any extent to which it is shown to be incorrect.
(2) A certificate signed by a person authorised in that behalf by the Defence Council stating that a person is not performing, and has not within a specified previous time performed, a period of relevant service in a specified force or forces (being a force of forces in respect of which the Defence Council, keep records), ..., shall in all legal proceedings be sufficient evidence of the facts stated therein for the purposes of this Act except to any extent to which it is shown to be incorrect.
(3) A certificate signed by a person authorised in that behalf by the Defence Council ..., referring to an inquiry as to a person therein described and being to the effect that no person answering to that description is identifiable in the relevant records kept by the authority on whose behalf the certificate is signed, shall be sufficient evidence for the purposes of this Act that no such person is so identifiable.
(4) A certificate signed as aforesaid stating any matter appearing from records shall be treated for the purposes of subsection (1), and of subsection (2), of this section as stating it as a fact.
(5) A document purporting to be a certificate signed as aforesaid shall be deemed to be such unless the contrary is proved.
(6) The Defence Council ... shall ... be under obligation to secure that, on inquiry made to them for the purposes of this Act as to a person therein described, if the information appearing from records kept by them is such as to enable a certificate falling within subsection (3) of this section, such a certificate shall be given:
Provided that no certificate the giving of which would in the opinion of the authority to whom the inquiry is made be against the interests of national security shall be given.
61 Presumption of death of persons serving in the forces.
(1) The question whether any person has died while performing relevant service in His Majesty’s forces shall, for the purposes of—
(a) Part V of this Act;
(b) any regulations made under section 7 or 10 of the Superannuation Act 1972 (which relate respectively to the superannuation of local government officers etc. and national health service officers);
(c) any local Act scheme;
(d) a scheme made under section 34 of the Fire and Rescue Services Act 2004;
(e) any regulations made under the Police Pensions Act 1976;
be determined in accordance with the rules set out in the next following subsection.
(2) The said rules are—
(i) no person shall be treated as having died while performing relevant service in His Majesty’s forces unless and until the appropriate authority are satisfied that he has been officially reported as dead, or as missing;
(ii) where the appropriate authority are satisfied that a person has been officially reported as dead, or as missing and presumed dead, he shall be treated as having died while performing relevant service in His Majesty’s forces unless and until the authority are satisfied that he has subsequently been officially reported as alive;
(iii) suject to the last foregoing paragraph, where the appropriate authority are satisfied that a person has been officially reported as missing, the authority may, if they think fit, treat him as having died while performing relevant service in His Majesty’s forces unless and until they are satisfied that he has subsequently been officially reported as alive.
(3) Where the appropriate authority determine in accordance with the rules set out in subsection (2) of this section that a person is to be treated as the authority may fix on the evidence available to them.
(4) The Third Schedule to this Act shall have effect as respects the financial provisions consequent on the adoption of the rules set out in subsection (2) of this section.
(5) In this section and in the said Schedule the expression “the appropriate authority” means the authority specified in subsection (1) or, as the case may be, subsection (2) of section forty-seven of this Act as the authority having power to determine whether any, and if so what, payment is to be made under section forty-six of this Act, or, in a case where the service pay of the person in question is of such amount that no payment is permissible under the said section forty-six, the authority who would have that power if that person’s service pay were of such smaller amount as would permit of a payment being made under that section; and where, in the case of any person, there are several such authorities, the expression “the appropriate authority” means all those authorities acting jointly:
. . .
(6) In this section the expression “officially reported” means reported (whether before or after the passing of this Act) by or on behalf of the Defence Council.
63 Dispensation with declaration on ending of service of constables.
Where a person, having ceased to serve as a constable in order to undertake service of a description specified in the First Schedule to this Act, resumes service as a constable during any period which, by virtue of any regulations made under section one of the Police Pensions Act 1976, is to be treated in his case as a period of service as a member of a police force, it shall not be necessary for him, notwithstanding anything in any enactment, to make any declaration required to be made by him on accepting office as a constable.
(1) In this Act, unless the context otherwise requires, the following expressions have the meaning hereby assigned to them respectively, that is to say,—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“conditional sale agreement” means an agreement for the sale of goods under which the purchase price of part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
“creditor” means the person by whom goods are bailed or (in Scotland) hired under a hire-purchase agreement or, as the case may be, the seller under a conditional sale agreement, or the person to whom his rights and duties have passed by assignment or operation of the law;
“hire-purchase agreement” means an agreement, other than a conditional sale agreement, under which—
(a) goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and
(b) the property in the goods will pass to that person if the terms of the agreement are compiled with and one or more of the following occurs—
(i) the excersise of an option to purchase by that person,
(ii) the doing of any other specified act by any party to the agreement,
(iii) the happening of any other specified event;
“local authority” has the same meaning as in paragraph 6(1) of Schedule 3 to the Pensions (Increase) Act 1971 and any reference in this Act to a local authority shall apply also to the bodies mentioned in paragraph 6(2) of that Schedule;
“local Act scheme” means the superannuation scheme administered by a local authority maintaining a superannuation fund under a local Act;
“relevant service” means service after the fifteenth day of July, nineteen hundred and fifty, of a description specified in the First Schedule to this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“service” means the discharge of naval, military or air force duties, and includes training for the discharge of such duties ... ;
“service man” means a man who performs a period of relevant service;
“short period of training” means a period of relevant service ... of a description specified in paragraph 7 of the First Schedule to this Act performed under an obligation or voluntary arrangements under which its continuous duration is limited to less than three months.
“total price” means the total sum payable by the person to whom goods are bailed or hired under a hire-purchase agreement or, as the case may be, the buyer under a conditional sale agreement including any sum payable on the excersise of an option to purchase but excluding any sum payable as a penalty or as compensation or damages for a breach of the agreement.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this Act, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended by or under any other enactment.
(1) The preceding provisions of this Act shall not extend to Northern Ireland.
(2) His Majesty may by Order in Council provide for extending this Act to Northern Ireland with such additions, exceptions and modifications as appear to His Majesty to be expedient.
(3) An Order in Council under this section—
(a) may be varied or revoked by a further Order in Council made thereunder;
(b) may include such incidental, consequential and supplemental provisions as appear to His Majesty to be expedient.
(4) Provisions made by an Order in Council under this section may be made so as to have effect from the time (whether before, at or after the commencement of this Act) from which any corresponding provision made by this Act has effect.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
FIRST SCHEDULE SERVICE RELEVANT FOR THE PURPOSES OF THIS ACT
Sections 41 to 44 and sections 52, 63, 64
1 (i) Service in pursuance of any notice or directions given under any enactment which provides for the calling out on permanent service, . . ., or the embodiment, of any reserve or auxilatry force, or members thereof, or for the recall of service pensioners within the meaning of section 1(1) of the Reserve Forces (Safeguard of Employment) Act 1985.
(ii) Service, other than for the purposes of training only, in pursuance of any obligation or undertaking, whether legally enforceable or not, to serve when called upon as a commissioned officer, not being an obligation or undertaking to accept a permanent or short-service commission.
(iii), (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi)–(viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Service for a period of eighteen months for which an officer of any reserve force of the Royal Navy or of the Royal Marines, or an officer of reserve to, or on the retired or emergency list of, or holding a temporary commission in, the Royal Navy or the Royal Marines, volunteers.
5, 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Service, for the purposes of training only, for a continuous period of seven days or longer performed, whether under an obligation or under voluntary arrangements, by,—
(a) an officer or man of any reserve force of the Royal Navy or of the Royal Marines, or an officer of reserve to, or on the retired or emergency list of, or holding a temporary commission in, the Royal Navy or the Royal Marines;
(b) an officer of any army reserve of officers, a man of any army reserve force, an officer or man of the Territorial Army, or an officer of the Territorial Army Reserve of Officers;
(c) an officer of the Royal Air Force Volunteer Reserve or of any air force reserve of officers or on the retired list of the Royal Air Force, a man of any air force reserve force or an officer or man of the Royal Auxiliary Air Force or the Royal Auxiliary Air Force Reserve;
(d) a member of any reserve of the Women’s Royal Naval Service or a member of the Naval Voluntary Aid Detachment Reserve,
not being service of a description specified in any of the preceding paragraphs of this Schedule.
SECOND SCHEDULE Capacities in respect of which payments may be made under Part V, and paying authorities.
Sections 46, 52
PART I General
Capacity | Paying Authority
1. ...
2. Coroner in England or Wales. | The Council by whom the coroner’s salary is paid immediately before he begins to perform relevant service to which Part V or this Act applies.
3. Employee of a local authority. | The local authority.
4. Member of a police force. | The local policing body or ..., the police authority ..., responsible for the maintenance of that force.
4A. Employee of the Scottish Police Authority | The Scottish Police Authority.
5. Employee of a fire and rescue authority. | The fire and rescue authority.
5A. Employee of the Scottish Fire and Rescue Service | The Scottish Fire and Rescue Service.
6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000 | The local probation board or, as the case may be, the local probation boards acting jointly.
6A. Member of the staff of a probation trust or of two or more probation trusts | The probation trust or, as the case may be, the probation trusts acting jointly.
7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000. | The Secretary of State.
8. Registration officer within the meaning of regulations made under section 7 of the Superannuation Act 1972. | The local authority in whose employment he is or is deemed for the purpose of those regulations to be.
9. Teacher appointed by a local authority for service in a maintained school or institution in England or Wales. | The local authority by whom the school or institution is maintained.
10. Teacher, officer or servant appointed by the ... governors of an aided or special agreement school in England or Wales. | The local authority by whom the school is maintained.
11. Teacher, officer or servant of an institution in England or Wales assisted by a local authority out of the proceeds of any rate. | The local authority by whom the institution is assisted.
12. Teacher employed by an authority in Scotland. | The education authority.
13. Teacher, officer or servant of the managers or governing body of a school or educational establishment to the maitenance of which an education authority contributes under s. 25 of the Education (Scotland) Act 1962. | The education authority.
14. Teacher, officer or servant of an educational institution as to which it is certified by ... the Secretary of State, that it is expedient that the provisions of Part V of this Act should apply notwithstanding any trust affecting the institution. | The managers or other governing body of the institution.
15. Officer of NHS England , an integrated care board, ... a Local Health Board, a Special Health Authority or any other body, other than an NHS foundation trust, constituted under the National Health Service Act 2006, the National Health Service (Wales) Act 2006 or the National Health Service and Community Care Act 1990 | NHS England , integrated care board, ... Local Health Board, Special Health Authority or other body.
15A. Officer of a Health Board, the Common Services Agency for the Scottish Health Service or any other body constituted under the National Health Service (Scotland) Act 1978 | The Health Board, Agency or other body.
16. Dental practitioner providing general dental service under ... the National Health Service (Scotland) Act 1978, at a health centre who is remunerated by annual salary. | The ... Health Board for the area for which the services are provide
17. Employee of a development corporation established under the New Towns Act 1965 and the New Towns (Scotland) Act 1968. | The development corporation.
18, 19 ...
THIRD SCHEDULE Financial Provisions Consequential on Treating a Person Dying on Service as Alive and the Converse.
Section 61.
1 (1) This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section sixty-one of this Act the appropriate authority determine that a person is to be treated as having died.
(2) No sums paid under Part V of this Act shall be recoverable on the ground that they were paid on the footing that the person was alive at a time after the date fixed by the appropriate authority by virtue of the said section as the date of his death.
(3) Where any sums have been paid under subsection (2) of section forty-six of this Act for a period to which that person’s surviving spouse, surviving civil partner or other dependant is entitled by way of pension under any Act, scheme or regulation mentioned in paragraph (b), (c), (d) or (e) of subsection (1) of section sixty-one of this Act shall only be made if and to the extent that the appropriate authority so direct.
2 (1) This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section sixty-one of this Act the appropriate authority determine that a person is to be treated as having died and subsequently determine that he is to be treated as alive.
(2) Any payment made by virtue of the first determination under subsection (3) of section forty-six of this Act or under any Act, scheme or regulations mentioned in paragraph (b), (c), (d) or (e) of subsection (1) of section sixty-one of this Act shall be irrecoverable.
(3) Where any such payments as are mentioned in sub-paragraph (2) of this paragraph have been made, the aggregate of those payments shall be compared with the greatest amount which might have been paid under subsection (2) of section forty-six of this Act if the person to whom the two determinations relate had been treated as alive during the period between those determinations and—
(a) if the first amount equals or exceeds the second, no payment shall be made to or in respect of that person for that period under the said subsection (2), and
(b) if the second amount exceeds the first, payments shall not be made under the said subsection (2) to or in respect of that person for that period amounting to more than the excess.
(4) Where any such payment as is mentioned in sub-paragraph (2) of this paragraph is a gratuity paid to the spouse, civil partner or other dependant of the said person then, notwithstanding that it is irrecoverable, the gratuity may in whole or in part be treated as having been paid on account of any benefit that may subsequently become payable to that spouse, civil partner or other dependant in respect of the death of the said person.