SCHEDULES

Sections 41 to 44 and sections 52, 63, 64

FIRST SCHEDULEE+W+S SERVICE RELEVANT FOR THE PURPOSES OF THIS ACT

1(i)Service in pursuance of any notice or directions given under any enactment which provides for the calling out on permanent service, or the calling into actual service, or the embodiment, of any reserve or auxilatry force, or members thereof, or for the recall of service pensioners within the meaning of [F1section 1(1) of the Reserve Forces (Safeguard of Employment) Act 1985].

(ii)Service, other than for the purposes of training only, in pursuance of any obligation or undertaking, whether legally enforceable or not, to serve when called upon as a commissioned officer, not being an obligation or undertaking to accept a permanent or short-service commission.

(iii), (iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(vi)–(viii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

2, 3.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

4E+W+SService for a period of eighteen months for which an officer of any reserve force of the Royal Navy or of the Royal Marines, or an officer of reserve to, or on the retired or emergency list of, or holding a temporary commission in, the Royal Navy or the Royal Marines, volunteers.

5, 6.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

7E+W+SService, for the purposes of training only, for a continuous period of seven days or longer performed, whether under an obligation or under voluntary arrangements, by,—

(a)an officer or man of any reserve force of the Royal Navy or of the Royal Marines, or an officer of reserve to, or on the retired or emergency list of, or holding a temporary commission in, the Royal Navy or the Royal Marines;

(b)an officer of any army reserve of officers, a man of any army reserve force, an officer or man of the Territorial Army, or an officer of the Territorial Army Reserve of Officers;

(c)an officer of the Royal Air Force Volunteer Reserve or of any air force reserve of officers or on the retired list of the Royal Air Force, a man of any air force reserve force or an officer or man of the Royal Auxiliary Air Force or the Royal Auxiliary Air Force Reserve;

(d)a member of any reserve of the Women’s Royal Naval Service or a member of the Naval Voluntary Aid Detachment Reserve,

not being service of a description specified in any of the preceding paragraphs of this Schedule.

Sections 46, 52

SECOND SCHEDULEE+W+S Capacities in respect of which payments may be made under Part V, and paying authorities.

PART I E+W+S General

PART II E+W+S ALLOCATION OF FUNCTIONS AS TO PAYABLE UNDER PART V BETWEEN DIFFERENT AUTHORITIES IN CERTAIN CASES

Note:—In a case where a justices’ clerk holds several clerkships and where several authorities would otherwise be concerned as determining authorities, the determing authority as respects each clerkship shall be all those authorities acting jointly, or in default of agreement, the Secretary of State after consulting the authority entitled to appeal against determinations.

Section 61.

THIRD SCHEDULEE+W+S Financial Provisions Consequential on Treating a Person Dying on Service as Alive and the Converse.

1(1)This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section sixty-one of this Act the appropriate authority determine that a person is to be treated as having died.E+W+S

(2)No sums paid under Part V of this Act shall be recoverable on the ground that they were paid on the footing that the person was alive at a time after the date fixed by the appropriate authority by virtue of the said section as the date of his death.

(3)Where any sums have been paid under subsection (2) of section forty-six of this Act for a period to which that person’s widow or other dependant is entitled by way of pension under any Act, scheme or regulation mentioned in paragraph (b), (c), (d) or (e) of subsection (1) of section sixty-one of this Act shall only be made if and to the extent that the appropriate authority so direct.

2(1)This paragraph shall have effect where by virtue of the rules set out in subsection (2) of section sixty-one of this Act the appropriate authority determine that a person is to be treated as having died and subsequently determine that he is to be treated as alive.E+W+S

(2)Any payment made by virtue of the first determination under subsection (3) of section forty-six of this Act or under any Act, scheme or regulations mentioned in paragraph (b), (c), (d) or (e) of subsection (1) of section sixty-one of this Act shall be irrecoverable.

(3)Where any such payments as are mentioned in sub-paragraph (2) of this paragraph have been made, the aggregate of those payments shall be compared with the greatest amount which might have been paid under subsection (2) of section forty-six of this Act if the person to whom the two determinations relate had been treated as alive during the period between those determinations and—

(a)if the first amount equals or exceeds the second, no payment shall be made to or in respect of that person for that period under the said subsection (2), and

(b)if the second amount exceeds the first, payments shall not be made under the said subsection (2) to or in respect of that person for that period amounting to more than the excess.

(4)Where any such payment as is mentioned in sub-paragraph (2) of this paragraph is a gratuity paid to the wife or other dependant of the said person then, notwithstanding that it is irrecoverable, the gratuity may in whole or in part be treated as having been paid on account of any benefit that may subsequently become payable to that wife or other dependant in respect of the death of the said person.