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]

C1Act 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

C2Words of enactment repealed by Statute Law Revision Act 1893 (c. 14)

C3Act 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 [F3warrant officer] petty officer or seaman, [F3warrant 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

F1Definition of “the Admiralty” repealed by Statute Law Revision Act 1893 (c. 14)

F2Words repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

F3Words inserted by Armed Forces Act 1971 (c. 33), s. 75, Sch. 3 para. 1

F43 Payment of naval and marine pay and pensions according to Order in Council. U.K.

All [F4pensions and grants] payable in respect of [F5service 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

F4Words 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

F5Words 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)

C4S. 3 amended by Naval Forces (Enforcement of Maintenance Liabilities) Act 1947 (c. 24), s. 1(1)

C5S. 3 applied by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 59(3)

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F6Ss. 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.

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F7Ss. 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.

F86 Exemption from stamp duty.U.K.

Textual Amendments

F8S. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9U.K.

Textual Amendments

F9S. 7 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. IV

F108 Savings for Naval Agency Act.U.K.

Textual Amendments

F10S. 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

F119 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 [F11pensions contained in the Armed Forces Act 2006.]

Textual Amendments

F11Words 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12U.K.

Textual Amendments

F12S. 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 . . . F13shall 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

F13Words repealed by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28, Sch. 5 Pt. II

Modifications etc. (not altering text)

C6S. 12 applied by Reserve Forces Act 1980 (c. 9, SIF 7:2), s. 59(1)(a)

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

Textual Amendments

F14S. 13 repealed by Statute Law Revision Act 1893 (c. 14)