Armed Forces (Pensions and Compensation) Act 2004

Miscellaneous and supplementary

6 Royal Patriotic Fund Corporation

(1) The Secretary of State may by order transfer, or provide for the transfer of, the property, rights and liabilities of the Royal Patriotic Fund Corporation to a registered charity established for the benefit of persons who—

(a) are widows or widowers, or children or dependants, of persons who have served in the armed forces or the reserve forces, and

(b) are in need of assistance.

(2) The rights and liabilities that may be transferred include rights and liabilities under a contract of employment.

(3) Schedule 2 makes provision in relation to the transfer of employees.

(4) An order under this section may provide for the dissolution of the Corporation.

(5) A reference in any instrument or other document to the Corporation is, so far as the context permits, to be read as a reference to the transferee.

(6) In this section “charity” has the same meaning as in the Charities Act 1993 (c. 10) and “registered” means registered under that Act.

7 Amendments and repeals

(1) In section 4 of the Forfeiture Act 1982 (c. 34) (Commissioner to decide whether forfeiture rule applies to social security benefits), in the definition of “relevant enactment” in subsection (5), the following entry is inserted after the entry relating to the Social Security Contributions and Benefits Act 1992—

“section 1 of the Armed Forces (Pensions and Compensation) Act 2004,”.

(2) In Schedule 4 to the Social Security Act 1998 (c. 14) (Social Security Commissioners), in paragraph 3(1) (expenses of attending appeal proceedings), after “under section 14 of this Act” there is inserted “, under section 6A of the Pensions Appeal Tribunals Act 1943”.

(3) In regulation 2 of the Pensions Appeal Tribunals (Late Appeals) Regulations 2001 (S.I. 2001/1032) (interpretation), the words “to which section 8(1) of the Act applies” in the definition of “appeal” are omitted.

This amendment is deemed always to have had effect.

(4) The enactments set out in Schedule 3 are repealed to the extent specified.

8 Commencement

The preceding provisions of this Act are to come into force on such day as the Secretary of State may by order appoint.

9 Expenses

Any expenses incurred by the Secretary of State in pursuance of this Act are to be paid out of money provided by Parliament.

10 Orders

(1) Any power to make an order under this Act is exercisable by the Secretary of State by statutory instrument.

(2) An order under this Act may make different provision for different purposes.

(3) An order under this Act may make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which the Secretary of State considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(4) The provision which may be made under subsection (3) includes provision amending or repealing any enactment or instrument.

(5) A statutory instrument containing an order under this Act (other than an order under section 8) is to be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument containing an order under this Act which adds to, replaces or omits any part of the text of an Act is not to be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament; and subsection (5) does not apply to such an instrument.

11 Interpretation

In this Act—

• “armed forces” means the naval, military or air forces of the Crown, but not the reserve forces,

• “reserve forces” has the same meaning as in the Reserve Forces Act 1996 (c. 14).

12 Short title

This Act may be cited as the Armed Forces (Pensions and Compensation) Act 2004.