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

SCHEDULES

Sections 41 to 44 and sections 52, 63, 64

FIRST SCHEDULE E+W+S SERVICE RELEVANT FOR THE PURPOSES OF THIS ACT

1 (i) Service in pursuance of any notice or directions given under any enactment which provides for the calling out on permanent service, F1 . . ., or the embodiment, of any reserve or auxilatry force, or members thereof, or for the recall of service pensioners within the meaning of [F2 section 1(1) of the Reserve Forces (Safeguard of Employment) Act 1985]. E+W+S

(ii) Service, other than for the purposes of training only, in pursuance of any obligation or undertaking, whether legally enforceable or not, to serve when called upon as a commissioned officer, not being an obligation or undertaking to accept a permanent or short-service commission.

(iii), (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(vi)–(viii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Words in Sch. 1 para. 1(i) omitted (1.1.1999) by virtue of S.I. 1998/3086, para. 10(1)

F2 Words substituted by Reserve Forces (Safeguard of Employment) Act 1985 (c. 17, SIF 7:2), s. 21, Sch. 4 para. 1

F3 Sch. 1 para. 1(iii), (iv) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

F4 Sch. 1 para. 1(v) repealed with saving by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. I

F5 Sch. 1 paras. 1(vi), (vii), (viii), 2, 3, 5, 6 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

2, 3. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 1 paras. 1(vi), (vii), (viii), 2, 3, 5, 6 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

4 E+W+S Service for a period of eighteen months for which an officer of any reserve force of the Royal Navy or of the Royal Marines, or an officer of reserve to, or on the retired or emergency list of, or holding a temporary commission in, the Royal Navy or the Royal Marines, volunteers.

5, 6. E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 1 paras. 1(vi), (vii), (viii), 2, 3, 5, 6 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

7 E+W+S Service, for the purposes of training only, for a continuous period of seven days or longer performed, whether under an obligation or under voluntary arrangements, by,—

(a) an officer or man of any reserve force of the Royal Navy or of the Royal Marines, or an officer of reserve to, or on the retired or emergency list of, or holding a temporary commission in, the Royal Navy or the Royal Marines;

(b) an officer of any army reserve of officers, a man of any army reserve force, an officer or man of the Territorial Army, or an officer of the Territorial Army Reserve of Officers;

(c) an officer of the Royal Air Force Volunteer Reserve or of any air force reserve of officers or on the retired list of the Royal Air Force, a man of any air force reserve force or an officer or man of the Royal Auxiliary Air Force or the Royal Auxiliary Air Force Reserve;

(d) a member of any reserve of the Women’s Royal Naval Service or a member of the Naval Voluntary Aid Detachment Reserve,

not being service of a description specified in any of the preceding paragraphs of this Schedule.

Modifications etc. (not altering text)

C1 Territorial Army now known as Territorial and Army Volunteer Reserve; Reserve Forces Act 1980 (c. 9), Sch. 8 para. 5(2)

Sections 46, 52

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

F8 PART I E+W+S General

Textual Amendments

F8 Sch. 2 Pt. I para. 5 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(4); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Modifications etc. (not altering text)

C2 Sch. 2 Pt. I extended (E.W.) by New Towns Act 1959 (c. 62), s. 9(3)

Capacity	Paying Authority
1. F9 . . .
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.	F10 ... , the police authority F10 ... , responsible for the maintenance of that force.
[F8 5. Employee of a fire and rescue authority.	The fire and rescue authority.]
[F11 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.]
[F12 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 F13 ... 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 [F14 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 F15 [F16 . . . 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.
[F17 15. Officer of [F18 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 [F19 Strategic Health Authority,] Health Authority, Special Health Authority or other body.]
[F17 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 [F20 National Health Service Act 1977], or [F21 the National Health Service (Scotland) Act 1978], at a health centre who is remunerated by annual salary.	[F22 The [F23 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 [F24 the New Towns Act 1965 and the New Towns (Scotland) Act 1968].	The development corporation.
18, 19 F25 . . .

Textual Amendments

F9 Sch. 2 Pt. I para. 1 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F10 Words repealed by Police Act 1964 (c. 48), Sch. 10 Pt. I and Police (Scotland) Act 1967 (c. 77), Sch. 5 Pt. II

F11 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)

F12 Sch. 2 Pt. I para. 8 substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 33

F13 Words repealed by Education Act 1980 (c. 20), Sch. 1 para. 20

F14 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F15 Words in Sch. 2 para. 14 omitted (1.1.1996) by virtue of S.I. 1995/2986, art. 11, Sch. para. 2

F16 Words substituted by virtue of S.I. 1964/490, arts. 2(1), 3(2)

F17 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)

F18 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))

F19 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))

F20 Words substituted by virtue of National Health Service Act 1977 (c. 49), Sch. 14 para. 12(b)

F21 Words substituted by virtue of National Health Service Act 1978 (c. 29), Sch. 15 para. 2

F22 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)

F23 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))

F24 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

F25 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. F26 ...	F26 ...	F26 ...
3. Person employed by F27 ... [F28 the Crown Court] to assist [F28 the appropriate officer of the Crown Court].	The F27 ... court employing that person.	The county council.
4. [F29 Justices’ clerk] in England or Wales—
F30 (a) ...	F30 ...	F30 ...
(b) appointed or deemed for the purposes of the [F31 Justices of the M4 Peace Act 1997] to be appointed, by a magistrates’ courts committee.	The magistrates’ courts committee. (Subject to Note below.)	[F32 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—
F30 (a) ...	F30 ...	F30 ...
F33 (b) ...	F33 ...	F33 ...
6.
F30 (a) ...	F30 ...	F30 ...
(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 F34 ...

Textual Amendments

F26 Sch. 2 Pt. II paras. 1, 2 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F27 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

F28 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2

F29 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))

F30 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

F31 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))

F32 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))

F33 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))

F34 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.

Section 61.

THIRD SCHEDULE E+W+S Financial Provisions Consequential on Treating a Person Dying on Service as Alive and the Converse.

1 (1) This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section sixty-one of this Act the appropriate authority determine that a person is to be treated as having died. E+W+S

(2) No sums paid under Part V of this Act shall be recoverable on the ground that they were paid on the footing that the person was alive at a time after the date fixed by the appropriate authority by virtue of the said section as the date of his death.

(3) Where any sums have been paid under subsection (2) of section forty-six of this Act for a period to which that person’s widow or other dependant is entitled by way of pension under any Act, scheme or regulation mentioned in paragraph (b), (c), (d) or (e) of subsection (1) of section sixty-one of this Act shall only be made if and to the extent that the appropriate authority so direct.

2 (1) This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section sixty-one of this Act the appropriate authority determine that a person is to be treated as having died and subsequently determine that he is to be treated as alive. E+W+S

(2) Any payment made by virtue of the first determination under subsection (3) of section forty-six of this Act or under any Act, scheme or regulations mentioned in paragraph (b), (c), (d) or (e) of subsection (1) of section sixty-one of this Act shall be irrecoverable.

(3) Where any such payments as are mentioned in sub-paragraph (2) of this paragraph have been made, the aggregate of those payments shall be compared with the greatest amount which might have been paid under subsection (2) of section forty-six of this Act if the person to whom the two determinations relate had been treated as alive during the period between those determinations and—

(a) if the first amount equals or exceeds the second, no payment shall be made to or in respect of that person for that period under the said subsection (2), and

(b) if the second amount exceeds the first, payments shall not be made under the said subsection (2) to or in respect of that person for that period amounting to more than the excess.

(4) Where any such payment as is mentioned in sub-paragraph (2) of this paragraph is a gratuity paid to the wife or other dependant of the said person then, notwithstanding that it is irrecoverable, the gratuity may in whole or in part be treated as having been paid on account of any benefit that may subsequently become payable to that wife or other dependant in respect of the death of the said person.