Pensions (Mercantile Marine) Act 1942

2 Mariners. U.K.

(1) For subsections (1) and (2) Of section three of the principal Act (which authorises the making of a scheme for awards to or for the benefit of mariners and their dependants in cases where mariners have sustained war injuries, or been detained, by reason of their service in British ships) there shall be substituted the following subsections—

“(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 in cases where their death or disablement is directly attributable to their having sustained war injuries, or suffered detention, by reason of their service as mariners in British ships;

(b) the payment of allowances to or for the benefit of persons who have suffered detention as aforesaid or to or for the benefit of their dependants.

(2) The cases in which a person who has sustained an injury, or suffered detention, is to be treated as having sustained the injury, or suffered the detention, by reason of his service in a British ship as a mariner are where the injury, or the capture on which his detention was consequent, as the case may be, occurred—

(a) while he was in the service of a British ship as a mariner;

(b) in the case of a person normally employed as a mariner, while he was in the service of a seagoing British ship in the British Islands in which he was employed as master or a member of the crew thereof, notwithstanding that he was not employed in seagoing service in the ship;

(c) while he was at a place outside the British lslands on leave from a British ship in which he was employed as a mariner and which was at a port outside the British Islands;

(d) while he was at a place outside the British Islands in accordance with arrangements made or approved by or on behalf of the Minister of War Transport for having persons available for employment as mariners;

(e) while he was at any place, except on land in the British Islands, in the course of proceeding to employment in a British ship as a mariner, or to a place to which he was going in accordance with such arrangements as aforesaid;

(f) without prejudice to the last preceding paragraph, while he was at any place, except as aforesaid in the course of returning to any part of the British Islands, to the country to which he belonged, or to any other country approved by or on behalf of the Minister of War Transport, from employment in a British ship as a mariner, or from a place at which he had been in accordance with such arrangements as aforesaid, and before he first arrived on land in that part of the British Islands or,as the case may be, in that country ; or

(g) while he was waiting at any place outside the British Islands to proceed or return as aforesaid, whether the delay was due to sickness or to any other cause outside his control.”

(2) For Paragraph (a) of subsection (1) of section six of the principal Act (which authorises the making of a scheme for compensating the persons mentioned in paragraphs (a), (b) and (c) thereof for war damage to their effects sustained in the circumstances mentioned in those paragraphs) there shall be substituted the following paragraph—

“(a) persons for war damage to their effects sustained by reason of their service as mariners in British ships, that is to say, sustained in any of the circumstances mentioned in paragraphs (a) to (g) of subsection (2) of section three of this Act.”

(3) The references in section three, and in paragraph (a) of subsection (1) of section six, of the principal Act, as amended by the foregoing provisions of this section, to British ships shall in relation to injuries, detention, loss or damage sustained or suffered by British subjects and British protected persons be construed as including references to other ships chartered on behalf of His Majesty; and a scheme under the said section three or section six may make provision, as respects such cases as may be specified by or under the scheme, for treating the service or employment of British subjects and British protected persons as mariners in ships which are not British ships or such other ships as aforesaid as if it were service or employment in British ships.

Modifications etc. (not altering text)

C1 The text of ss. 2(1)(2), 6, Sch. is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any repeals or amendments which may have been made prior to 1.2.1991