Armed Forces Act 1991 (c. 62)

Part II U.K. Amendments Relating to the Armed Forces and Other Persons Subject to Provisions of the Services Acts

Commencement Information

I1 Part II wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Naval and marine pay and pensions U.K.

16 New provisions as to assignments, charges and court orders in respect of naval and marine pay, pensions etc. U.K.

(1) In the 1957 Act, after section 128F there shall be inserted the following section—

“128G Avoidance of assignment of or charge on naval pay and pensions etc.

(1) Every assignment of or charge on, and every agreement to assign or charge, any pay, pensions, bounty, grants or other allowances in the nature thereof payable to any person in respect of his or any other person’s service in Her Majesty’s naval forces shall be void.

(2) Save as expressly provided by this Act, no order shall be made by any court the effect of which would be to restrain any person from receiving anything which by virtue of this section he is precluded from assigning and to direct payment thereof to another person.

(3) Nothing in this section—

(a) shall apply to the making or variation of attachment of earnings orders; or

(b) shall prejudice any enactment providing for the payment of any sum to a bankrupt’s trustee in bankruptcy for distribution among creditors.

(4) In the application of this section to Northern Ireland at any time before the coming into operation of the Insolvency (Northern Ireland) Order 1989, for the reference in subsection (3) above to a bankrupt’s trustee in bankruptcy there shall be substituted a reference to an assignee in bankruptcy.”

(2) Subsection (1) above has effect in place of sections 4 and 5 of the M1 Naval and Marine Pay and Pensions Act 1865.

(3) In section 2 of the M2 Naval Pensions Act 1884 (application of 1865 Act etc. to Greenwich Hospital pensions) after the words “Act 1865 ”, in the second place where they occur, there shall be inserted “or section 128G of the Naval Discipline Act 1957 ”.

(4) In section 59(3) of the M3 Reserve Forces Act 1980 (which applies sections 3 and 5 of the Naval and Marine Pay and Pensions Act 1865 in relation to pay, bounty and allowances payable as mentioned in that provision)—

(a) for the words “Sections 3 and 5 ” there shall be substituted “Section 3 ”; and

(b) after “1865 ” there shall be inserted “and section 128G of the Naval Discipline Act 1957 ”.

Commencement Information

I2 S. 16 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Marginal Citations

M1 1865 c. 73.

M2 1884 c. 44.

M3 1980 c. 9.