61 Presumption of death of persons serving in the forces.E+W+S
(1)The question whether any person has died while performing relevant service in His Majesty’s forces shall, for the purposes of—
(a)Part V of this Act;
[F1(b)any regulations made under section 7 or 10 of the Superannuation Act M11972 (which relate respectively to the superannuation of local government officers etc. and national health service officers);
(c)any local Act scheme;]
[F2(d)a scheme made under section 34 of the Fire and Rescue Services Act 2004;]
(e)any regulations made under [F3the Police Pensions Act M21976];
be determined in accordance with the rules set out in the next following subsection.
(2)The said rules are—
(i)no person shall be treated as having died while performing relevant service in His Majesty’s forces unless and until the appropriate authority are satisfied that he has been officially reported as dead, or as missing;
(ii)where the appropriate authority are satisfied that a person has been officially reported as dead, or as missing and presumed dead, he shall be treated as having died while performing relevant service in His Majesty’s forces unless and until the authority are satisfied that he has subsequently been officially reported as alive;
(iii)suject to the last foregoing paragraph, where the appropriate authority are satisfied that a person has been officially reported as missing, the authority may, if they think fit, treat him as having died while performing relevant service in His Majesty’s forces unless and until they are satisfied that he has subsequently been officially reported as alive.
(3)Where the appropriate authority determine in accordance with the rules set out in subsection (2) of this section that a person is to be treated as the authority may fix on the evidence available to them.
(4)The Third Schedule to this Act shall have effect as respects the financial provisions consequent on the adoption of the rules set out in subsection (2) of this section.
(5)In this section and in the said Schedule the expression “the appropriate authority” means the authority specified in subsection (1) or, as the case may be, subsection (2) of section forty-seven of this Act as the authority having power to determine whether any, and if so what, payment is to be made under section forty-six of this Act, or, in a case where the service pay of the person in question is of such amount that no payment is permissible under the said section forty-six, the authority who would have that power if that person’s service pay were of such smaller amount as would permit of a payment being made under that section; and where, in the case of any person, there are several such authorities, the expression “the appropriate authority” means all those authorities acting jointly:
F4. . .
(6)In this section the expression “officially reported” means reported (whether before or after the passing of this Act) by or on behalf of [F5the Defence Council].
Textual Amendments
F1S. 61(1)(b)(c) substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 31
F2S. 61(1)(d) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 12(3) (with savings for E.S. in S.I. 2004/2306, art. 3, Sch. and for W. in S.I. 2004/2918, art. 3, Sch.; and with further savings for W. (11.11.2004) in S.I. 2004/2918, art. 1(1), Sch.); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2
F3Words substituted by virtue of Police Pensions Act 1976 (c. 35), s. 12(3)
F4Proviso in s. 61(5) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)
F5Words substituted by virtue of Defence (Transfer of Functions) Act 1964 (c. 15), ss. 1(3), 3(2)
Marginal Citations