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.
[F3 5. Employee of a fire and rescue authority.	The fire and rescue authority.]
[F4 6. Member of the staff of a local probation board or of two or more local probation boards established under section 4 of the Criminal Justice and Court Services Act 2000	The local probation board or, as the case may be, the local probation boards acting jointly.
7. Chief officer of a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.	The Secretary of State.]
[F5 8. Registration officer within the meaning of regulations made under section 7 of the Superannuation Act 1972.	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 Secretary 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.
[F10 15. Officer of [F11 a Strategic Health Authority,] a Health Authority, a Special Health Authority or any other body constituted under the M1 National Health Service Act 1977 or the M2 National Health Service and Community Care Act 1990	The [F12 Strategic Health Authority,] Health Authority, Special Health Authority or other body.]
[F10 15A. Officer of a Health Board, the Common Services Agency for the Scottish Health Service or any other body constituted under the M3 National Health Service (Scotland) Act 1978	The Health Board, Agency or other body.]
16. Dental practitioner providing general dental service under the [F13 National Health Service Act 1977], or [F14 the National Health Service (Scotland) Act 1978], at a health centre who is remunerated by annual salary.	[F15 The [F16 Primary Care Trust,] Health Authority or Health Board for the area for which the services are provide]
17. Employee of a development corporation established under [F17 the New Towns Act 1965 and the New Towns (Scotland) Act 1968].	The development corporation.
18, 19 F18 . . .

Textual Amendments

F1 Sch. 2 Pt. I 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 Sch. 2 Pt. I para. 5 substituted (1.10.2004 except in relation to W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 12(4); S.I. 2004/2304, art. 2

F4 Sch. 2 Pt. I paras. 6, 7 substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 6; S.I. 2000/919, art. 2(f)(ii)

F5 Sch. 2 Pt. I 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 in Sch. 2 para. 14 omitted (1.1.1996) by virtue of S.I. 1995/2986, art. 11, Sch. para. 2

F9 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2)

F10 Sch. 2 Pt. I paras. 15, 15A substituted for para. 15 (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 88 (with Sch. 2 paras. 6, 16)

F11 Words in Sch. 2 Pt. 1 para. 15 inserted (1.10.2002 for E.W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 para. 36(a); S.I. 2002/2478, art. 3(1)(d) (subject to art. 3(3))

F12 Words in Sch. 2 Pt. 1 para. 15 inserted (1.10.2002 for E.W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 1(3), 42(3), Sch. 1 para. 36(b}; S.I. 2002/2478, art. 3(1)(d) (subject to art. 3(3))

F13 Words substituted by virtue of National Health Service Act 1977 (c. 49), Sch. 14 para. 12(b)

F14 Words substituted by virtue of National Health Service Act 1978 (c. 29), Sch. 15 para. 2

F15 Words in Sch. 2 Pt. I para. 16 substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III para. 88 (with Sch. 2 paras. 6, 16)

F16 Words in Sch. 2 Pt. 1 para. 16 inserted (1.10.2002 for E.W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 39; S.I. 2002/2478, art. 3(1)(d) (subject to art. 3(3))

F17 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

F18 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 Group 5

Marginal Citations

M1 1990 c. 19.

M2 1977 c. 49.

M3 1978 c. 29.

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. F19 ...	F19 ...	F19 ...
3. Person employed by F20 ... [F21 the Crown Court] to assist [F21 the appropriate officer of the Crown Court].	The F20 ... court employing that person.	The county council.
4. [F22 Justices’ clerk] in England or Wales—
F23 (a) ...	F23 ...	F23 ...
(b) appointed or deemed for the purposes of the [F24 Justices of the M4 Peace Act 1997] to be appointed, by a magistrates’ courts committee.	The magistrates’ courts committee. (Subject to Note below.)	[F25 The paying authority is the authority which is the paying authority in relation to the magistrates’ courts committee for the purposes of section 55 of the Justices of the Peace Act 1997 (and where there are two or more such 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 Lord Chancellor). The justices for whom the clerk acts are the authority entitled to appeal against a determination.]
5. Clerk to borough justices in England or Wales—
F23 (a) ...	F23 ...	F23 ...
F26 (b) ...	F26 ...	F26 ...
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 F27 ...

Textual Amendments

F19 Sch. 2 Pt. II paras. 1, 2 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F20 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

F21 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2

F22 Words in Sch. 2 Pt. II para. 4 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(c), Sch. 10 para. 20(2)(c) (with Sch. 14 para. 7(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

F24 Words in Sch. 2 Pt. II para. 4 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(c), Sch. 10 para. 20(2)(b) (with Sch. 14 para. 7(2))

F25 Words in Sch. 2 Pt. II para. 4 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(c), Sch. 10 para. 20(3) (with Sch. 14 para. 7(2))

F26 Sch. 2 Pt. II para. 5(b) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9))

F27 Words in Sch. 2 Pt. II para. 6(b) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9))

Marginal Citations

M4 1997 c.25.

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.