The Pensions (Polish Forces) Scheme (Amendment) Order 2005

Statutory Instruments

2005 No. 3040

PENSIONS

The Pensions (Polish Forces) Scheme (Amendment) Order 2005

Made

26th October 2005

Coming into force

5th December 2005

The Secretary of State for Defence, with the consent of the Treasury, in exercise of the powers conferred by section 1 of the Polish Resettlement Act 1947(1) and now vested in him(2), hereby makes the following Order:

Citation, interpretation and commencement

1.  This Order, which may be cited as the Pensions (Polish Forces) Scheme (Amendment) Order 2005, amends the Pensions (Polish Forces) Scheme 1964(3) (hereinafter referred to as “the Scheme”) and shall come into force on 5th December 2005.

Amendment of article 11 of the Scheme

2.  In article 11 (Awards not payable to or in respect of persons in Poland) after the word “widow,” insert “surviving civil partner,”.

Signed by authority of the Secretary of State for Defence

Don Touhig

Parliamentary Under-Secretary of State Ministry of Defence

25th October 2005

We consent

Tom Watson

Gillian Merron

Two of the Lords Commissioners of Her Majesty’s Treasury

26th October 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the Pensions (Polish Forces) Scheme 1964 in consequence of the introduction of civil partnerships by the Civil Partnership Act 2004 (2004 c. 33).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

1947 c. 19, as amended by the Civil Partnership Act 2004 (c. 33), section 257 and Schedule 26, paragraph 17.

(2)

The functions of the Minister of Pensions were transferred to the Minister of Pensions and National Insurance by virtue of the Transfer of Functions (Ministry of Pensions) Order 1953, S.I.1953/1198, article 2. The functions of the Minister of Pensions and National Insurance were transferred to the Minister of Social Security by virtue of the Ministry of Social Security Act 1966, (c.20), section 2. The functions of the Minister of Social Security were transferred to the Secretary of State by virtue of the Secretary of State for Social Services Order 1968, S.I.1968/1699, article 2.

(3)

S.I. 1964/2007, amended by S.I. 1972/1435 and 1974/1045. The Scheme was extended by S.I. 1967/293, 1972/95, 1981/1876, 1992/317, 1997/662 and 2002/671.