Naval and Marine Pay and Pensions Act 1865

1865 CHAPTER 73 28 and 29 Vict

An Act for regulating the Payment of Naval and Marine Pay and Pensions.

[29th June 1865]

Modifications etc. (not altering text)

C1 Act extended by Naval Pensions Act 1884 (c. 44), s. 2 so that any reference in this Act to a pension or a naval pension, or to money payable by the Admiralty (now a Secretary of State) shall be construed as including a naval pension and a Greenwich Hospital pension, gratuity and allowance, within the meaning of the Greenwich Hospital Acts 1865 to 1883 and any sum due on account of such pension, gratuity or allowance

C2 Words of enactment repealed by Statute Law Revision Act 1893 (c. 14)

C3 Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 para. 1

1 Short title. U.K.

This Act may be cited as The Naval and Marine Pay and Pensions Act, 1865.

2 Interpretation of terms. U.K.

In this Act—

• . . . F1

• The term “officer” means a commissioned, . . . F2 officer, . . . F2 , in Her Majesty’s naval or marine force:

• The term “seaman or marine” means a [F3 warrant officer] petty officer or seaman, [F3 warrant or] non-commissioned officer of marines, or marine, or other person forming part in any capacity of the complement of any of Her Majesty’s vessels, or otherwise belonging to Her Majesty’s naval or marine force (not being an officer within the meaning of this Act).

Textual Amendments

F1 Definition of “the Admiralty” repealed by Statute Law Revision Act 1893 (c. 14)

F2 Words repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

F3 Words inserted by Armed Forces Act 1971 (c. 33), s. 75, Sch. 3 para. 1

F4 3 Payment of naval and marine pay and pensions according to Order in Council. U.K.

All [F4 pensions and grants] payable in respect of [F5 service in Her Majesty’s naval or marine force as an] officer, seaman, or marine, shall be paid in such manner, and subject to such restrictions, conditions, and provisions as are from time to time directed by Order in Council.

Textual Amendments

F4 Words in s. 3 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Words in s. 3 substituted (21.1.2005) by Armed Forces (Pensions and Compensation) Act 2004 (c. 32), ss. 4, 8; S.I. 2005/116, art. 2, Sch.

Modifications etc. (not altering text)

C4 S. 3 amended by Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24), s. 1(1)

C5 S. 3 applied by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 59(3)

F6 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F6 Ss. 4, 5: By Armed Forces Act 1991 (c. 62, SIF 7:1), s. 16(2) it is provided (1.1.1992) that s. 16(1) of that Act (inserting s. 128G in Naval Discipline Act 1957 (c. 53)) has effect in place of ss. 4, 5 and ss. 4, 5 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch.

F7 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F7 Ss. 4, 5 : By Armed Forces Act 1991 (c. 62, SIF 7:1), s. 16(2) it is provided (1.1.1992) that s. 16(1) of that Act (inserting s. 128G in Naval Discipline Act 1957 (c. 53)) has effect in place of ss. 4, 5 and ss. 4, 5 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch.3; S.I. 1991/2719, art. 2Sch.

F8 6 Exemption from stamp duty. U.K.

Textual Amendments

F8 S. 6 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 U.K.

Textual Amendments

F9 S. 7 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. IV

F10 8 Savings for Naval Agency Act. U.K.

Textual Amendments

F10 S. 8 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F11 9 Saving for Naval Discipline Act. U.K.

Nothing in this Act shall authorize the making by Order in Council of any rule inconsistent with any provision affecting naval or marine [F11 pensions contained in the Armed Forces Act 2006.]

Textual Amendments

F11 Words in s. 9 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 3; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 U.K.

Textual Amendments

F12 S. 10 repealed by Naval Pensions Act 1884 (c. 44), Sch.

11 Orders in Council. U.K.

Her Majesty in Council may from time to time make such Orders in Council as seem meet for the better execution of any of the purposes of this Act.

12 Orders in Council to be published in London Gazette. U.K.

Every Order in Council under this Act . . . F13 shall be laid before both Houses of Parliament within thirty days after the making thereof if Parliament is then sitting, and if not then within thirty days after the next meeting of Parliament.

Textual Amendments

F13 Words repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28, Sch. 5 Pt. II

Modifications etc. (not altering text)

C6 S. 12 applied by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 59(1)(a)

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 U.K.

Textual Amendments

F14 S. 13 repealed by Statute Law Revision Act 1893 (c. 14)