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Reserve Forces Act 1980

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This is the original version (as it was originally enacted).

Pay, pensions and other payments in respect of naval and marine reserves

59Rates of pay and allowances

(1)Her Majesty may by Order in Council fix the rates of pay, bounty and allowances payable to the persons described in subsection (2) below, and in relation to Orders in Council under this section—

(a)section 12 of the [1865 c. 73.] Naval and Marine Pay and Pensions Act 1865 (which provides for the publication and laying before Parliament of Orders in Council under that Act) shall apply ; and

(b)the [1946 c. 36.] Statutory Instruments Act 1946 shall not apply.

(2)The persons referred to in subsection (1) above are—

(a)Officers of reserve to the Royal Navy;

(b)men of the Royal Naval Reserve including the Royal Fleet Reserve;

(c)Officers and men of the Royal Marines Reserve ;

(d)persons in receipt of pensions in respect of service as men in the Royal Navy or the Royal Marines, being persons called out for permanent service or undergoing training.

(3)Sections 3 and 5 of the [1865 c. 73.] Naval and Marine Pay and Pensions Act 1865 (which respectively provide for regulating the payment of naval and marine pay, pensions, bounty and other allowances, and prohibit their assignment) apply in relation to pay, bounty and allowances payable to any person described in subsection (2) above as they apply in relation to pay, bounty and allowances payable in respect of services in Her Majesty's naval or marine force to a person being an officer or subordinate officer, seaman or marine.

(4)The [1947 c. 24.] Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 has effect as if any reference in that Act to an officer, seaman or marine included a reference to any person so described.

60Allowances and pensions for officers of reserve

(1)Where any officer of reserve to the Royal Navy sustains any disability of mind or body which is attributable to the conditions of naval service he may be granted an allowance or pension in respect of that disability at such rate and subject to such conditions as the Secretary of State with the consent of Her Majesty in Council may appoint.

(2)Where any such officer is killed or dies as the result of any wound, accident, injury or disease attributable to the conditions of naval service, his widow, children or other dependent relatives may be granted such pension, allowances or gratuity as the Secretary of State with the like consent may appoint.

61Pensions for persons of Royal Naval Reserve and Royal Fleet Reserve

(1)The Secretary of State, with the consent of the Minister for the Civil Service, may grant pensions to men of the Royal Naval Reserve and the Royal Fleet Reserve.

(2)The Secretary of State may, in relation to any such pension, make regulations as to—

(a)the amount;

(b)the time or respective times and the manner of payment ; and

(c)the ages at which it shall be payable.

(3)Any pension conferred under this section shall be paid to the pensioner himself only, and not to his agent, attorney or assignee.

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