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Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939

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7 General provisions as to schemes. U.K.

(1)A scheme made by the Minister or the Board of Trade under this Act (hereafter in this Act referred to as “a scheme”) may contain any such provisions as appear to him or them to be necessary or expedient for giving effect to the purpose of the scheme, and, without prejudice to the generality of the foregoing words, may make provision—

(a)for the determination of questions with respect to the effect or operation of the scheme, and

(b)for empowering the Minister or the Board of Trade, as the case may be, to make regulations for giving effect to the purposes of the scheme.

(2)A scheme may provide that it shall come into operation, or shall be deemed to have come into operation, on such date as may be specified therein, whether before or after the commencement of this Act.

(3)A scheme may be amended or revoked by a subsequent scheme or by an order made by the Minister or the Board of Trade, as the case may be.

(4)A scheme and any regulations made thereunder, and any order made under this Act, shall, for the purpose of section three of the M1Rules Publication Act, 1893 (which relates to the printing of statutory rules), be deemed to be statutory rules within the meaning of that Act.

(5)A scheme applying the provisions of a Naval War Pensions Order to mariners or other persons in the cases mentioned in this Act may apply the Order subject to—

(a)[F1such additions and modifications] as appear to the Minister to be appropriate, having regard to the differences in the conditions of service of mariners and other persons and of officers and men of His Majesty’s naval forces respectively or to other circumstances; and

(b)such conditions, limitations and exceptions as appear to the Minister to be expedient.

(6)All sums to be paid in respect of a pension or other payment awarded by virtue of a scheme shall be paid out of moneys provided by Parliament.

Textual Amendments

Modifications etc. (not altering text)

C2Functions of Board of Trade under s. 7 now exercisable by Secretary of State concurrently with Board of Trade: S.R. & O. 1939/1470 (Rev. XV, p. 214: 1939 II, p. 3051), S.R. & O. 1941/654 (Rev. XV, p. 228: 1941 I, p. 1221), S.R. & O. 1946/375 (Rev. XV, p. 229: 1946 I, p. 1009), S.I. 1953/1204 (1953 I, p. 1225), 1959/1768 (1959 I, p. 1793), 1965/145 and 1970/1537

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