Polish Resettlement Act 1947
1947 c.19
An Act to provide for the application of the Royal Warrant as to pensions, etc., for the military forces to certain Polish forces, to enable the Assistance Board to meet the needs of, and to provide accommodation in camps or other establishments for, certain Poles and others associated with Polish forces, to provide for their requirements as respects health and educational services, to provide for making arrangements and meeting expenses in connection with their emigration, to modify as respects the Polish resettlement forces and past members of certain Polish forces provisions relating to the service of aliens in the forces of the Crown, to provide for the discipline and internal administration of certain Polish forces and to affirm the operation up to the passing of this Act of provision previously made therefor, and for purposes connected therewith and consequential thereon.
Functions of Minister of Social Security now exercisable by Secretary of State: S.I. 1968/1699
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
A dagger appended to a marginal note means that it is no longer accurate
Act excluded (E.W.S.) by Forfeiture Act 1982 (c. 34, SIF 116:1), ss. 4, 5 and by S.I. 1982/1082 (N.I. 14), arts. 6, 7
1C6 Power to apply Royal Warrant as to pensions etc. to certain Polish forces.
F501
The Minister of Pensions may, with the consent of the Treasury, make a scheme for applying, in relation to the disablement or death, in consequence of service under British command of members of—
a
the Polish naval detachment mentioned in the agreement made between His Majesty’s Government in the United Kingdom and the Government of Poland on the eighteenth day of November, nineteen hundred and thirty-nine,
b
the Polish armed forces organised and employed under British command in pursuance of the agreement made as aforesaid on the fifth day of August, nineteen hundred and forty,
c
the Polish resettlement forces,
provisions of His Majesty’s Royal Warrant of the twelfth day of April, nineteen hundred and forty-six, concerning retired pay, pensions and other grants for members of the military forces and of the nursing and auxiliary services thereof disabled, and for the widows,F50surviving civil partners, children, parents and other dependants of such members deceased, in consequence of service during the 1939 world war:
Provided that payments under a scheme made under this section shall be limited to such as fall due for payment before the expiration of five years from the passing of this Act, or such extended period, if any, as the Minister of Pensions, with the consent of the Treasury, may from time to time by order specify (but without prejudice to any provision which may be made by the scheme for the drawing thereafter of any such payments not drawn during that period, or the completion thereafter of pending proceedings on a claim which will, if successful, confer a title to payments which would have fallen due during that period had the claim been then accepted), and any such order may provide that the extension shall apply only to cases of any class or classes therein specified.
2
The scheme may also include provision, as regards cases in which periodical payments in respect of the disablement or death of members of Polish forces not falling within paragraph (a), (b) or (c) of the preceding subsection are being made out of moneys provided by Parliament at the date of the coming into operation of that provision, for the continuance of any of those payments during a period not longer than one year from that date.
3
Provisions of the said Royal Warrant applied by the scheme may be applied with modifications, or subject to conditions, limitations or exceptionsF57(including exceptions applying by virtue of a person's residence in Poland at any time prior to 1 May 2004).
4
The scheme, or any substituted scheme made under this subsection, may be amended by an order made by the Minister of Pensions with the consent of the Treasury, and, if it appears to him to be expedient, having regard to amendments made or to be made in any such scheme, that a new scheme should be substituted therefor, he may, with the consent of the Treasury, make a substituted scheme and thereby revoke the former scheme.
5
The scheme, or any substituted scheme or order made under the last preceding subsection, may provide that it shall come into operation, or shall be deemed to have come into operation, on such date as may be specified therein, whether before or after the passing of this Act, and different dates may be specified as respects different purposes or different provisions of the scheme or order.
6
A scheme or order made under this section shall, for the purpose of section three of the M1Rules Publication Act, 1893 (which relates to the printing of statutory rules), be deemed to be statutory rules within the meaning of that Act.
7
Payments under a scheme made under this section shall be made out of moneys provided by Parliament.
2C7 †Allowances from the Assistance Board.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
C82
The said categories are—
a
Poles whose registration under the Aliens Order, [S.R. & O. 1920/448.] 1920, took place on or after the first day of September, nineteen hundred and thirty-nine, and who have been permitted to enter, or to remain in, the United Kingdom in view of circumstances attributable to war, as to which, in case of doubt, a certificate of the Secretary of State shall be conclusive;
b
former members of any of the forces mentioned in subsection (1) of section one of this Act (including the naval detachment therein mentioned), and members of any of those forces relegated from service therewith;
c
d
persons who have been permitted to enter the United Kingdom on or after the first day of September, nineteen hundred and thirty-nine, as being followers of a body of Polish forces entering the United Kingdom and dependent thereon or on members thereof, as to which, in case of doubt, a certificate of the Secretary of State shall be conclusive.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
X13C9 †Provision by the Assistance Board of accommodation in camps. C10
1
F2The Supplementary Benefits Commission may provide accommodation in camps, hostels or other establishments for persons in Great Britain being of any of the categories specified in subsection (2) of the last preceding section, or dependants of persons of any of those categories or of members of any of the Polish resettlement forces serving therewith, or persons formerly dependent on a person who was of any of those categories, or was such a member of any of those forces, at that former time.
2
The F2Commission may make provision for meeting the needs (F3other than medical, surgical, optical, aural or dental needs, or needs as to education), and for promoting the welfare, of persons for whom accommodation is provided under this section, and may make such provision in such manner as appears to them most convenient, whether by themselves providing goods or services, by making payments to others for the provision thereof, . . . F4, or partly in one of those ways and partly in F5the other.
3
4
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5
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6
The F2Minister may from time to time fix for benefits provided under this section such scales of charges applicable in different circumstances as may appear to the F2Minister, with the approval of the Treasury, to be appropriate, F2and the Commission may from time to time require payments for such benefits to be made in accordance with the provisions of Part II of the Schedule to this Act.
F77
F8sections 20 and 21 of the Supplementary Benefits Act 1976 shall apply as respects benefit under this section with the substitution, for references to expenditure incurred under that Act of references to expenditure incurred under this Act, and for references to any sum recoverable, or any benefit or liability, under that Act of references to any sum recoverable, or any benefit or liability, under this Act.
8
F9The Commission shall have, in relation to a person for whom they have power to provide accommodation under this section the like right F9to complain to a magistrates’ court as is conferred by F10section 18 of the Supplementary Benefits Act 1976 in relation to a person whose requirements are or are included in those of a person to whom benefit under that Act is paid or by whom such benefit is claimed, and the powers of the court under that section shall be exercisable on such complaint.
F119
The provisions of F12section 26(3)(a) of the Supplementary Benefits Act 1976 shall apply to any proceedings under this section or under Part II of the Schedule to this Act.
10
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F1410A
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11
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X23C11†Provision by the Assistance Board of accommodation in camps. C12
1
The Board may provide accommodation in camps, hostels or other establishments for persons in Great Britain being of any of the categories specified in subsection (2) of the last preceding section, or dependants of persons of any of those categories or of members of any of the Polish resettlement forces serving therewith, or persons formerly dependent on a person who was of any of those categories, or was such a member of any of those forces, at that former time.
2
The Board may make provision for meeting the needs (F16other than medical, surgical, optical, aural or dental needs, or needs as to education), and for promoting the welfare, of persons for whom accommodation is provided under this section, and may make such provision in such manner as appears to them most convenient, whether by themselves providing goods or services, by making payments to others for the provision thereof, . . . F17, or partly in one of those ways and partly in F18the other.
3
The Board may make arrangements with any government department or other authority or person for the provision of benefits under this section, on behalf and at the expense of the Board, by that authority or person.
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
5
. . . F19
6
The Board may from time to time fix for benefits provided under this section such scales of charges applicable in different circumstances as may appear to the Board with the approval of the Treasury, to be appropriate, and may from time to time require payments for such benefits to be made in accordance with the provisions of Part II of the Schedule to this Act.
F207
Sections 45 and 52 of the National Assistance Act 1948 (which provide respectively for the recovery of expenditure incurred by the Board in consequence of misrepresentation of non-disclosure, and for the prosecution of persons wilfully making false statements in connexion with the grant of benefits under that Act) shall apply as respects benefits under this section with the substitution, for references to expenditure incurred under that Act of references to expenditure incurred under this Act, and for references to any sum recoverable, or any benefit or liability, under that Act of references to any sum recoverable or any benefit or liability under this Act.
8
The Board shall have, in relation to a person for which they have power to provide accommodation under this section the like right to complain F16to a court of summary jurisdiction as is conferred upon them by section 43 of the National Assistance Act 1948 in relation to a person by reference to whose requirements assistance is given or applied for, and the powers of the court under that section shall be exercisable on such complaint.
9
10
. . . F19
11
There shall be defrayed out of moneys provided by Parliament any increase attributable to the passing of this section in the sums payable out of such moneys under [section 61 of the National Assistance Act, 1948, and any sums received by the Board under this section or under section 43 or section 45 of that Act, as applied by this section, shall be paid into the Exchequer.]
C14X34 Provision by the Minister of Health of health services. C13
1
The Minister of Health may provide such services and do such things as appear to him to be requisite for meeting the . . . F21 needs as to mental or bodily health, of persons of any description F22for whom the Secretary of State has power to provide accommodation under section three of this Act, including any such services and things as are specified in F55the National Health Service Act 2006, as services or things which, . . . F24 the Minister of Health, F25Health Authorities or other persons is or are authorised or required to provide or do, or may be authorised or required to provide or do, by or under F23that Act, and any services and things the provision or doing of which is within the duties of F26local social services authorities under F27the Mental Health Act 1983
2
The Minister of Health may make arrangements with any other government department or other authority or person for the provision of services or the doing of things under this section, on his behalf and at his expense, by that authority or person.
3
The expenses of the Minister of Health under this section shall be defrayed out of moneys provided by Parliament.
X44 Provision by the Secretary of State of health services.
1
The Secretary of State may provide such services and do such things as appear to him to be requisite for meeting the . . . F28 needs as to mental or bodily health, of persons of any description F29for whom the Secretary of State has power to provide accommodation under section three of this Act, including any such services and things as are specified in the National Health Service (Scotland) Acts 1947 to 1972, as services or things which . . . F30 the Secretary of State, F31Health Boards, executive councils or other persons is or are authorised or required to provide or do, or may be authorised or required to provide or do, by or under that Act, and any services and things the provision or doing of which is within the duties of local authorities under the M3Mental Health (Scotland) Act, 1960.
2
The Secretary of State may make arrangements with any other government department or other authority or person for the provision of services or the doing of things under this section, on his behalf and at his expense, by that authority or person.
3
The expenses of the Secretary of State under this section shall be defrayed out of moneys provided by Parliament.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
F47C16C176 Provision by the Minister of Education of educational services. C15
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F56C197 Arrangements by the Minister of Labour and National Service for emigration. C18
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9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34
10 Interpretation.
1
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say,—
“Pole” means a person registered under the Aliens Order, [S.R. & O. 1920/448.] 1920, as being a Pole;
“Polish resettlement forces” means the Polish Re-settlement Corps, the Polish Re-settlement Corps (Royal Air Force), the Polish Re-Settlement Section of the Auxiliary Territorial Service, and the Polish Re-Settlement Section of the Women’s Auxiliary Air Force;
. . . F35
2
References in this Act to any other enactment shall, unless the context requires, be construed as references to that enactment as amended by or under any other enactment, and references in this Act to the Royal Warrant mentioned in section one thereof and to the Aliens Order, [S.R. & O. 1920/448.] 1920, shall be construed respectively as references to that Warrant or Order as for the time being in force and to any Royal Warrant or Order substituted therefor.
11 Application to Scotland.
1
The provision of this section shall have effect for the purpose of the application of this Act to Scotland.
2
Subsections (8) and (9) of section three shall not apply.
3
Section four shall have effect as if there were substituted—
a
for any reference to the Minister of Health a reference to the Secretary of State; and
b
in subsection (1) for the reference to the M4National Health Service Act, 1946, a reference to F37F36the National Health Service (Scotland) Acts 1947 to 1972F37the National Health Service (Scotland) Act 1978; for the reference to F38the Mental Health Act 1983, a reference to F49Mental Health (Care and Treatment) (Scotland) Act 2003; and for the reference to “local health authorities” a reference to “local authorities.”
F484
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In the application of the Schedule to Scotland—
a
paragraph 3 shall have effect as if the M5Poor Law Act, 1930, extended to Scotland;
b
paragraph 5 shall have effect as if the word “summarily” were omitted, and the reference to a time limit of one year for the institution of proceedings for recovery shall not apply.
12 Application to Northern Ireland.
1
The provisions of this section shall have effect for the purpose of the application of this Act to Northern Ireland.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
F403
References in sections 4 to 7 of this Act to persons of any description for whom the Secretary of State has power to provide accommodation under section 3 of this Act shall include references to persons in Northern Ireland of any description for whom he would have power so to provide if those persons were in Great Britain.
13 Short title.
This Act may be cited as the Polish Resettlement Act, 1947.
SCHEDULE Subsidiary Provisions as to Allowances from the Assistance Board, and as to Charges for Accommodation, etc., provided by them
Part I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
Ss. 2(1)(3)(4), Sch. Part I repealed by National Assistance Act 1948 (c. 29), Sch. 7 Pt. III and Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)
Part II
Provisions as to charges for accommodation etc. provided under section three of this Act
3
Payments for benefits provided for any person under section three of this Act may be required under subsection (6) of that section from that person, or, in the case of a married person, from his wife or her husband, or, in the case of a person who is under the age of sixteen years and has parents or a parent living . . . F42, from the parents or either of them.
X54
The amounts of the payments which may be required shall be such amounts, not exceeding what appears to F43the Supplementary Benefits Commission (in this Part of this Schedule referred to as “the Board”) to be the appropriate scale charge fixed under the said subsection (6), as may appear to the Board to be reasonable having regard to all the circumstances affecting the person on whom the requirement is made: . . . F44
C204
The amounts of the payments which may be required shall be such amounts, not exceeding what appears to the Assistance Board (in this Part of this Schedule referred to as “the Board”) to be the appropriate scale charge fixed under the said subsection (6), as may appear to the Board to be reasonable having regard to all the circumstances affecting the person on whom the requirement is made: . . . F45
5
Sums required to be paid in accordance with the preceding provisions of this Part of this Schedule shall, without prejudice to any other remedy be recoverable summarily as a civil debt, and proceedings for such recovery may, notwithstanding anything in any Act to the contrary, be brought at any time within one year from the time when the matter complained of arose.
6
In any proceedings for recovery of sums required to be paid as aforesaid a document signed by an officer of the Board stating the making and particulars of the requirement, . . . F46, shall be evidence of the facts stated, and a document which purports to be so signed shall, unless the contrary is proved, be deemed to be so signed.
7
Any person who, in connection with the ascertainment of amounts which he may be reasonably required to pay under subsection (6) of section three of this Act, knowingly makes any false statement or false representation as to the circumstances affecting him shall be liable on summary conviction to imprisonment for a term not exceeding three months.
8
If it is found at any time that a person required to pay amounts under subsection (6) of section three of this Act, has, whether fraudulently or otherwise, procured by the non-disclosure or misrepresentation of a material fact that the amounts required to be paid should be less than they would otherwise have been, a further requirement may be made upon him under the said subsection in respect of the benefits in question, and the preceding provisions of this Part of this Schedule shall apply thereto with requisite modifications.
Functions of Minister of Pensions now exercisable by Secretary of State: S.I. 1953/1198 (1953 I, (1953 I, p. 1228), Ministry of Social Security Act 1966 (c. 20), s. 2 and S.I. 1968/1699