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Pensions Appeal Tribunals Act 1943
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Version Superseded: 03/12/2001
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12 Interpretation.U.K.
(1)In this Act the following expressions have the meanings hereby respectively assigned to them:—
“detention” and “war injuries” have the same meanings as in the M1Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, as amended by the M2Pensions (Mercantile Marine) Act 1942;
“civil defence organisation” means any organisation established for civil defence purposes which is declared by a scheme made under the M3Personal Injuries (Emergency Provisions) Act 1939, to be a civil defence organisation for the purpose of the said Act and the scheme;
“civil defence volunteer” and “war service injury” have the same meanings as in the M4Personal Injuries (Emergency Provisions) Act 1939, as amended by the M5Pensions (Mercantile Marine) Act 1942;
“” include . . . F1any . . . F1auxiliary service of any of His Majesty’s said forces;
“injury”, in relation to any such claim as is referred to in section one of this Act, includes wound or disease;
[F2“the Minister” means—
(a)in the case of a claim under any instrument relating to members of the former Indian and Burmese armed forces, the Secretary of State; and
(b)in any other case, the [F3Secretary of State for Social Security];]
“war risk injury” means an injury falling within section one of the M6Pensions (Mercantile Marine) Act 1942, except that, in relation to the persons referred to in subsection (4) of section four of that Act, it means an injury falling within the said section one as amended by the said subsection (4);
[F4“relevant service” in relation to any claim made under any such Royal Warrant, Order in Council [F5, Order of Her Majesty or scheme] as is referred to in section one of this Act means any service which, under that Royal Warrant, Order in Council [F5, Order or scheme], is relevant for the purposes of that claim.]
(2)References in this Act to the rejection of a claim or the withholding of an award shall be construed as including references to the cancellation of an award made on a claim.
Textual Amendments
F1Words repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt.I
F2Definition of “the Minister”substituted by S.I. 1981/1541, art. 2
F3Words substituted by S.I. 1988/1843, art. 5(4), Sch. 3 para. 2(a)
F4Definition substituted by Pensions Appeal Tribunals Act 1949 (c. 12), s. 1(1)
F5Words in s. 12 substituted (E.W.S.)(2.10.1995) by 1995 c. 26, s. 169(5); S.I. 1995/2548, art. 2
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