E+W+S+N.I.

War Pensions (Administrative Provisions) Act 1919

1919 CHAPTER 53 9 and 10 Geo 5

An Act to make further provision for the administration of the enactments relating to Naval, Military and Air Force War Pensions, Grants and Allowances, and for certain other purposes connected with such Pensions, Grants and Allowances.

[19th August 1919]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1 Functions of Minister of Pensions now exercisable by Secretary of State: S.I. 1953/1198 (1953 I, p. 1228), Ministry of Social Security Act 1966 (c. 20), s. 2 and S.I. 1968/1699

C2 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C3 Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 para. 1

1 Administration of pensions, &c. under Injuries in War (Compensation) Acts. E+W+S+N.I.

(1) Where a scheme framed under the M1 Injuries in War (Compensation) Act, 1914, as amended by the M2 Injuries in War (Compensation) Act, 1914 (Session 2), is to be administered by the Minister of Pensions—

(a) the provisions of the War Pensions Acts, 1915 to 1918, and any amendments thereof, except provisions relating to separation allowances, shall apply to and in respect of the officers and men specified in such scheme as they apply to and in respect of officers and men in the naval service of His Majesty; and

(b) Notwithstanding anything to the contrary in the said Injuries in War (Compensation) Acts, such scheme may be so framed as to provide that pensions, grants and other allowances in the nature thereof may be granted in the like circumstances and on the like terms and conditions as are set forth in the regulations annexed to any Order in Council relating to pensions under section three of the M3 Naval and Marine Pay and Pensions Act, 1865, and administered by the Minister of Pensions.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Ss. 1(2), 4—6, 8(4) repealed by Statute Law Revision Act 1927 (c. 42)

Marginal Citations

M1 1914 c. 30.

M2 1914 c. 18 (5 & 6 Geo. 5).

M3 1865 c. 73.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2 S. 2 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

3 Extension of power to pay pensions in advance. E+W+S+N.I.

(1) Notwithstanding anything in any Act, Order in Council, Royal Warrant, or other order to the contrary, any pension administered by or under the authority of the Minister of Pensions, the Army Council, or the Air Council may, in special circumstances, be issued in advance for such period not exceeding six months, and subject to such conditions as may be prescribed by rules made by the Minister of Pensions, the Army Council, or the Air Council, as the case may be, with the approval of the Treasury.

(2) Nothing in this section shall affect any other right of issuing pensions in advance.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C4 Functions of Army Council and Air Council now exercisable by Defence Council: Defence (Transfer of Functions) Act 1964 (c. 15), s. 1(3)

C5 Functions of Treasury under s. 3 now exercisable by Minister for the Civil Service: S.I. 1968/1656

4—6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 Ss. 1(2), 4—6, 8(4) repealed by Statute Law Revision Act 1927 (c. 42)

7 Statutory right to pensions. E+W+S+N.I.

Every officer or man suffering from a disability attributable to or aggravated by naval, military, or air force service during the present war, and not due to his serious negligence or misconduct, shall be entitled to receive such pension, gratuity, or allowance as shall be awarded by the Minister of Pensions under any Warrant or Order in Council in respect of such disability, and for the payment whereof money shall have been provided by Parliament; but the award of any such pension, gratuity, or allowance shall be subject to the conditions contained in the Warrant or Order in Council.

8 Appeals to Pensions Appeal Tribunals. E+W+S+N.I.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 where the claim of the widow or the motherless child [F5 or parent or dependant] of an officer or man under any such Royal Warrant or Order in Council is rejected on the ground

(i) that the death of the officer or man was not due to, or that the disease from which he died was not attributable to or aggravated by, such service, nor, in the case of a man, contracted or commenced while he was on active service, or

(ii) that the death of the officer or man was due to his serious negligence or misconduct,

an appeal shall lie to a Pensions Appeal Tribunal established under this section, whose decision shall be final, . . . F4 .

(2) Pensions Appeal Tribunals shall be established for such parts of the United Kingdom as may be determined, in accordance with the provisions of the Schedule to this Act. The provisions of that Schedule shall have effect in relation to the constitution, jurisdiction and procedure of Pensions Appeal Tribunals.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

F5 Words inserted by War Pensions Act 1920 (c. 23), s. 8(2)

F6 S. 8(3) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

F7 Ss. 1(2), 4—6, 8(4) repealed by Statute Law Revision Act 1927 (c. 42)

Modifications etc. (not altering text)

C6 S. 8 amended by War Pensions Act 1921 (c. 49), s. 6

9 Extension of Acts. E+W+S+N.I.

Unless the context otherwise requires—

• . . . F8

• The provisions of the M4 Naval and Military War Pensions, &c., Act, 1915, and any Act amending the same, including this Act, which are applicable to officers, shall extend so as to be applicable to nurses; and, accordingly in those Acts any reference to officers shall be construed as including a reference to nurses.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Words repealed by War Pensions Act 1920 (c. 23), s. 12(2)

Marginal Citations

M4 1915 c. 83.

10 Short title. E+W+S+N.I.

This Act may be cited as the War Pensions (Administrative Provisions) Act, 1919, and the War Pensions Acts, 1915 to 1918, and this Act may be cited together as the War Pensions Acts, 1915 to 1919.

Section 8.

SCHEDULE E+W+S+N.I. Constitution, Jurisdiction, and Procedure of Pensions Appeal Tribunals

1 Pensions appeal tribunals shall be constituted for such parts of, or places in, the United Kingdom as the Lord Chancellor, after consultation with the Minister of Pensions, may determine. E+W+S+N.I.

2 The members of each tribunal shall be appointed by the Lord Chancellor, and shall consist of— E+W+S+N.I.

(i) one legal representative, . . . F9 ; and

[F10 (ii) a person who has served in Her Majesty’s Forces]

(iii) a duly qualified medical practitioner.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9 Words repealed by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 2(1), Sch. 20

F10 Para. 2(ii) substituted by Administration of Justice Act 1965 (c. 2), s. 29

[F11 2A For the purposes of paragraph 2(i) the legal representative shall be— E+W+S+N.I.

(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least 7 years’ standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F11 Sch. para. 2A inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 2(2)

3 In the case of a casual vacancy on a pensions appeal tribunal the Lord Chancellor may appoint a similarly qualified person to fill the vacancy. E+W+S+N.I.

4 The legal representative shall be the chairman of each tribunal. E+W+S+N.I.

5 The number of members of a tribunal to hear any particular case shall be three. Where the claim is that of an officer the second member shall be an officer, and where the claim to be heard is that of a man, the second member shall be a man. E+W+S+N.I.

6 There shall be paid to the members of pensions appeal tribunals such remuneration as the Treasury may determine, and any such remuneration and any expenses which may be incurred by a tribunal up to such amount as is sanctioned by the Treasury shall be paid out of moneys provided by Parliament. E+W+S+N.I.

7 No court fees shall be charged on the hearing of any case before a pensions appeal tribunal. E+W+S+N.I.

8 Subject as aforesaid, the Lord Chancellor may make regulations with respect to the procedure of pensions appeal tribunals, and may by such regulations provide for . . . F12 the summoning of expert and other witnesses, the representation of the claimants and the Ministry at the hearing of any appeal, the arrangements for the sittings of the tribunals (including the sitting of more than one tribunal in the same area) the particular cases which any tribunal shall hear, and such other matters as may be required for the due and speedy determination of appeals. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F12 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. III

9 “Lord Chancellor” shall mean, in the application of this schedule to Scotland, the Lord President of the Court of Session, and in its application to Ireland, the Lord Chancellor of Ireland. E+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C7 Office of Lord Chancellor of Ireland abolished by Irish Free State (Consequential Provisions) Act 1922 (Session 2.) (c. 2), s. 2, Sch. 2 Pt. II and this Act in its application to Northern Ireland amended with the substitution for references in Sch. to Lord Chancellor of Ireland of references to Secretary of State by S.R. & O. 1923/359 (Rev. XVII, p. 666: 1923, p. 764)