Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

Sections 46, 52

SECOND SCHEDULE E+W+S Capacities in respect of which payments may be made under Part V, and paying authorities.

PART I E+W+S General

Modifications etc. (not altering text)

C1 Sch. 2 Pt. I extended (E.W.) by New Towns Act 1959 (c. 62), s. 9(3)

Capacity	Paying Authority
1. F1
2. Coroner in England or Wales.	The Council by whom the coroner’s salary is paid immediately before he begins to perform relevant service to which Part V or this Act applies.
3. Employee of a local authority.	The local authority.
4. Member of a police force.	F2 ... , the police authority F2 ... , responsible for the maintenance of that force.
5. Member of a fire brigade maintained in pursuance of the Fire Services Act 1947.	The fire authority, within the meaning of the Fire Services Act 1947, by whom the fire brigade is maintained.
6. Probation officer appointed for a probation area F3 , or for two or more F4 probation areas	The probation committee for the area, or, as the case may be, the probation committees for the areas acting jointly.
7. Clerk appointed to give full-time assistance to a probation officer and remunerated by the probation committee or several probation committees acting jointly.	The probation committee or committees.
[F5 8. Registration officer within the meaning of regulations made under section 7 of the Superannuation Act 1972.]	[F5 The local authority in whose employment he is or is deemed for the purpose of those regulations to be.]
9. Teacher appointed by a local education authority for service in a maintained school or institution in England or Wales.	The local education authority.
10. Teacher, officer or servant appointed by the F6 ... governors of an aided or special agreement school in England or Wales.	The local education authority.
11. Teacher, officer or servant of an institution in England or Wales assisted by a local education authority out of the proceeds of any rate.	The local education authority.
12. Teacher employed by an authority in Scotland.	The education authority.
13. Teacher, officer or servant of the managers or governing body of a school or educational establishment to the maitenance of which an education authority contributes under [F7 s. 25 of the Education (Scotland) Act 1962].	The education authority.
14. Teacher, officer or servant of an educational institution as to which it is certified by [F8 F9 . . . the Secratary of State], that it is expedient that the provisions of Part V of this Act should apply notwithstanding any trust affecting the institution.	The managers or other governing body of the institution.
Officer of a [F10 Board of Governors preserved under section 15(1) of the National Health Service Reorganisation Act 1973, or a health authority or other body consituting under the National Health Service Act 1977], or [F11 a Health Board or the Common Services Agency for the Scottish Health Service or other body constituted under the National Health Service (Scotland) [F12 Act 1978]].	[F13 The Authority] The Board, Council [F14 Agency] or other body.
16. Dental practitioner providing general dental service under the [F15 National Health Service Act 1977], or [F16 the National Health Service (Scotland) Act 1978], at a health centre who is remunerated by annual salary.	[F15 The Area Health Authority][F17 or Health Board] for the area for which the services ar e provided.
17. Employee of a development corporation established under [F18 the New Towns Act 1965 and the New Towns (Scotland) Act 1968].	The development corporation.
18, 19 F19

Textual Amendments

F1 Sch. 2 para. 1 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F2 Words repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I and Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. II

F3 Words repealed (except as they extend to N.I.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

F4 Word repealed (except as it extends to N.I.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

F5 Sch. 2 para. 8 substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 33

F6 Words repealed by Education Act 1980 (c. 20), Sch. 1 para. 20

F7 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F8 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2)

F9 Words in Sch. 2 para. 14 omitted (1.1.1996) by virtue of S.I. 1995/2986, art. 11(1), Sch. para. 2

F10 Words substituted (E.W.) by National Health Service Act 1977 (c. 49), Sch. 15 para. 12(a)

F11 Words substituted (S.) by National Health Service Act 1972 (c. 58), Sch. 6 para. 94(a)

F12 Words substituted (S.) by National Health Service Act 1978 (c. 29), Sch. 16 para. 8

F13 Words inserted (E.W.) by National Health Service Act 1977 (c. 49), Sch. 15 para. 12(a)

F14 Words inserted (S.) by National Health Service Act 1972 (c. 58), Sch. 6 para. 94(a)

F15 Words substituted by virtue of National Health Service Act 1977 (c. 49), Sch. 14 para. 12(b)

F16 Words substituted by virtue of National Health Service Act 1978 (c. 29), Sch. 15 para. 2

F17 Words inserted (S.) by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 94(b)

F18 Words substituted by virtue of New Towns Act 1965 (c. 59), Sch. 11 para. 5(1) and New Towns (Scotland) Act 1968 (c. 16), Sch. 9 para. 5

F19 Sch. 2 Pt. I paras. 18, 19 repealed (except as they extend to N.I.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

PART II E+W+S ALLOCATION OF FUNCTIONS AS TO PAYABLE UNDER PART V BETWEEN DIFFERENT AUTHORITIES IN CERTAIN CASES

Capacity	Determining authority	Paying authority and authority entitled to appeal against determination
1,2 F20
F20 F20 3. Person employed by F21 . . . [F22 the Crown Court] to assist [F22 the appropriate officer of the Crown Court].	The F21 . . . court employing that person.	The county council.
4. Clerk to county justices in England or Wales—
F23 (a) . . .	F23 . . .	F23 . . .
(b) appointed or deemed for the purposes of the said Act to be appointed, by a magistrates’ courts committee.	The magistrates’ courts committee. (Subject to Note below.)	The county council.
5. Clerk to borough justices in England or Wales—
F23 (a) . . .	F23 . . .	F23 . . .
(b) appointed, or deemed for the purpose of the said Act to be appointed, by a magistrates’ courts committee.	The magistrates’ courts committee.(Subject to Note below.)	The borough council.
6.
F23 (a) . . .	F23 . . .	F23 . . .
(b) Employee of a magistrates’ courts committee on the staff of a justices’ clerk.	The same as in the case of a justice’s clerk.	The same, both as respects paying authority and authority entitled to appeal, as in the case of the justices’ clerk and where there are several paying authorities the proportions in which they contribute to give effect to any determination shall be such as they may agree, or in default of agreement, as may be determined by the Secretary of State.

Textual Amendments

F20 Sch. 2 Pt. II paras. 1, 2 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F21 Words repealed (except as they extend to N.I.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

F22 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2

F23 Sch. 2 Pt. II paras. 4(a), 5(a), 6(a) repealed (except as they extend to N.I.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5

Note:—In a case where a justices’ clerk holds several clerkships and where several authorities would otherwise be concerned as determining authorities, the determing authority as respects each clerkship shall be all those authorities acting jointly, or in default of agreement, the Secretary of State after consulting the authority entitled to appeal against determinations.