Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939

4 Awards to pilots, &c. U.K.

(1) The Minister may with the consent of the Treasury make a scheme for—

(a) applying the provisions of any Naval War Pensions Order to persons to whom this section applies in cases where their death or disablement is directly attributable to war injuries sustained by reason of their service, or to detention caused by reason of their service; and

(b) the payment of allowances to or for the benefit of any such persons detained as aforesaid, or to or for the benefit of the dependants of such persons so detained.

(2) This section applies to the following persons, namely—

(a) pilots and apprentice pilots; and

(b) masters and members of the crew of pilot boats, lightships, lighthouse tenders and lightship tenders.

(3) For the purpose of this section, a person to whom this section applies shall be deemed to have sustained a war injury, or to have been detained, by reason of his service, if he sustained the injury, or if the capture in consequence of which the detention occurs is effected—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(b) in the case of a master or member of the crew of a pilot boat, lighthouse tender or lightship tender, while he is in the service of the boat or tender [F2 or is at any place, except on land in the British Islands, in the course of proceeding to the boat or tender for the purpose of being in the service thereof, or of returning from the boat or tender after being in the service thereof.]

(c) in the case of a master or member of the crew of a lightship, while he is in the service of the lightship or [F3 is at any place, except on land in the British Islands, in the course of proceeding] to the lightship for the purpose of being in the service thereof [F3 or of returning from the lightship] after being in the service thereof.

(4) In this section the following expressions have the meanings hereby respectively assigned to them:—

• “Lightship” means a lightship belonging to a local or general lighthouse authority within the meaning of the [F4 Merchant Shipping Act 1995];

• “Lighthouse tender” means a tender to a lighthouse belonging to any such authority;

• “Lightship tender” means a tender to a lightship;

• “Pilot boat” has the meaning assigned to it by [F5 section 6 of the Pilotage Act 1987], [F2 save that it includes any vessel which for the time being is being used in the pilotage service of any pilotage district in the British Islands.]

Textual Amendments

F1 S. 4(3)(a) repealed by Pensions (Mercantile Marine) Act 1942 (c. 26), s. 3(2)

F2 Words added by Pensions (Mercantile Marine) Act 1942 (c. 26), Sch.

F3 Words substituted by Pensions (Mercantile Marine) Act 1942 (c. 26), Sch.

F4 Words in the definition of "lightship" in s. 4(4) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 19(a) (with s. 312(1))

F5 Words substituted by virtue of Pilotage Act 1987 (c. 21, SIF 111), s. 32(4), Sch. 2 para. 1

Modifications etc. (not altering text)

C1 S. 4 amended by Pensions (Mercantile Marine) Act 1942 (c. 26), s. 3(2) and Pensions Appeal Tribunals Act 1943 (c. 39), s. 2; applied by Pensions (Mercantile Marine) Act 1942 (c. 26), ss. 1, 3, 4

C2 Functions of Treasury under s. 4 now exercisable by Minister for the Civil Service: S.I. 1968/1650