Greenwich Hospital Act 1865
1865 c.89
An Act to provide for the better Government of Greenwich Hospital, and the more beneficial Application of the Revenues thereof.
[5th July 1865]
Act amended by Naval Knights of Windsor (Dissolution) Act 1892 (c. 34), s. 1(3) and War Damage Act 1943 (c. 21), s. 72(5)
Functions of Admiralty under this Act now exercisable by a Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), s. 1(2)
Words of enactment and certain other words repealed by Statute Law Revision Act 1893 (c. 14)
Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 para. 1
Act restricted (1.10.1996) by 1996 c. 46, s. 30(2)(11); S.I. 1996/2474, art. 2

Preliminary

1 Short title.
This Act may be cited as The Greenwich Hospital Act, 1865.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 2, 10 repealed by Statute Law Revision Act 1893 (c. 14)

3 Interpretation of terms.
In this Act—
. . .
The term “lands” includes any estate, term, easement, right, or interest in, to, over, or affecting lands.
Definition of “the Admiralty” repealed by Statute Law Revision Act 1893 (c. 14)

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Ss. 4, 14, 34, Sch. repealed by Statute Law Revision Act 1875 (c. 66)

Pensions, Gratuities, and Allowances

5 Power to order new pensions, &c.
It shall be lawful for Her Majesty in Council from time to time, by Order in Council, to appoint such pensions as seem fit to officers, warrant officers non-commissioned officers, and men of the Royal Navy and marines, and seamen of the merchant service for the time being entitled to the benefits of Greenwich Hospital, to be enjoyed by them so long only as they are not on the establishment or inmates of Greenwich Hospital, but in addition to any . . . , pension, or other allowance coming to them otherwise than under any such Order in Council,—and to prescribe the conditions on which such pensions are to be held,—and to appoint such gratuities as seem fit to widows or surviving civil partners of warrant officers non-commissioned officers and men of the Royal Navy and marines killed or drowned in the service of the Crown.
Words inserted by Armed Forces Act 1971 (c. 33), s. 75, Sch. 3 para. 2
Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. IV
Words in s. 5 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(a), Sch. 26 para. 1; S.I. 2005/3175, art. 2(1), Sch. 1

6 Power to grant allowances to present inmates.
The Admiralty may from time to time appoint to any non-commissioned officers and men of the Royal Navy and Marines who were on the sixth day of April one thousand eight hundred and sixty-five inmates of Greenwich Hospital, and who being inmates thereof after the commencement of this Act are willing to cease to be inmates thereof, such allowances seem fit, not exceeding the rates of money allowances of which, on the sixth day of April one thousand eight hundred and sixty-five, they were in receipt as inmates of the Hospital, to be enjoyed by them respectively in addition to any pensions appointed to them under any such Order in Council.
S. 6 repealed by Greenwich Hospital Act 1869 (c. 44), Sch. but reproduced for the purpose of construing the remaining provisions of the Act

7 Name of pensions, &c.
Pensions and gratuities under any such Order in Council and such allowances shall be distinguished as Greenwich Hospital pensions, gratuities, and allowances (as the case may be); and the pensions now known as Greenwich out pensions shall be called naval pensions.

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S. 8 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. IV

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Ss. 9, 21, 48, 50, 51, 57 repealed by Greenwich Hospital Act 1885 (c. 42), Sch. Pt. I

Alteration of Establishment

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Ss. 2, 10 repealed by Statute Law Revision Act 1893 (c. 14)

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Ss. 11–13, 16–19, 22, 52–56, 58 repealed by S.I. 1964/488

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 4, 14, 34, Sch. repealed by Statute Law Revision Act 1875 (c. 66)

15 Appointment of visitor and governor.
. . . , the Admiralty may appoint an officer of the Royal Navy of rank not lower than that of vice admiral to be Visitor and Governor of Greenwich Hospital during good behaviour, and from time to time on any vacancy in the said office may appoint a successor with the like qualification, and may (subject to the approval of Her Majesty in Council) fix the salary of such officer, and may from time to time assign to him as visitor such duties as seem fit, but so that he be not authorized to interfere with the ordinary government of the Hospital, or of the schools thereof.
Words repealed by Statute Law Revision Act 1875 (c. 66)

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Ss. 11–13, 16–19, 22, 52–56, 58 repealed by S.I. 1964/488

Hospital and Schools

20 As to Government of the Hospital, &c.
The government of the Greenwich Hospital, and of the schools of the Hospital, including the authority to establish from time to time regulations for the admission of inmates into the Hospital and of children into the schools, shall be vested exclusively in the Admiralty, but any such regulations shall not have effect unless and until they are approved by Her Majesty in Council; and the Admiralty shall from time to time continue or appoint such officers, clerks, and servants for the purposes of the Hospital and schools as seem fit, and may . . . fix the salaries of such officers and clerks, and may regulate the wages of such servants, and may from time to time remove any of the officers, clerks, and servants, and appoint others in their stead.
S. 20 extended by Greenwich Hospital Act 1872 (c. 67), s. 8 and Greenwich Hospital Act 1942 (c. 35), s. 1
Words repealed by Greenwich Hospital Act 1942 (c. 35), s. 1(3)

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 9, 21, 48, 50, 51, 57 repealed by Greenwich Hospital Act 1885 (c. 42), Sch. Pt. I

Property

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Ss. 11–13, 16–19, 22, 52–56, 58 repealed by S.I. 1964/488

23 Lands to be held for benefit of Hospital.
All lands vested in the Admiralty by virtue of this Act shall . . . be held . . . , in trust for Her Majesty, for the exclusive benefit of Greenwich Hospital; . . . .
Words repealed by S.I. 1964/488

24 Quitrents, &c. for lands.
Lands vested in the Admiralty by virtue of this Act shall continue subject to any quitrents, Crown rents, and duchy rents to which the same are respectively liable, as if this Act had not been passed.

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S. 25 repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. IX

26 Protection of existing leases.
Every lease made before the commencement of this Act of lands of Greenwich Hospital shall be as valid and binding in favour of and against the Admiralty as if the Admiralty had been therein named as the lessors.

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Ss. 27, 28, 37, 46 repealed by Greenwich Hospital Act 1869 (c. 44), Sch.

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S. 29 repealed by Greenwich Hospital Act 1898 (c. 24), s. 2

30 Power to make free grants of land for places of worship, &c.
The Admiralty, with the approval of Her Majesty in Council, may from time to time make free grants of land part of the lands vested in them by virtue of this Act, and grants of money, for the erection of buildings and providing conveniences for places of worship, residence of ministers, education of children, or other public purposes (so that any such grant of land do not include any right to the minerals under the land granted, or comprise more than two acres in any one parish).

31 As to purchase money of land sold.
Any purchase money paid to Her Majesty’s Paymaster General in respect of any part of the lands vested in the Admiralty by virtue of this Act no longer required to be held by the Admiralty for the benefit of the Hospital, and accordingly sold by them . . . , shall be carried by him to an account to be called the Greenwich Hospital Capital Account.
Words repealed by S.I. 1964/488

32 Transfer of stock.
On or as soon as may be after the commencement of this Act the Bank of England shall, on requisition in writing from the Admiralty, cause all Bank annuities then standing in the books of the Bank of England in the names of the Commissioners of Greenwich Hospital to be transferred to an account to be called the Account of the Lord High Admiral or Commissioners of the Admiralty for the time being ex parte Greenwich Hospital, and the same shall belong to the Admiralty on behalf of Her Majesty for the exclusive benefit of Greenwich Hospital.

33 Payment of dividends.
The Bank of England shall from time to time, under the direction of the Admiralty, place to the cash account of Her Majesty’s Paymaster General the dividends for the time being accrued due in respect of the Bank annuities held by the Admiralty for the benefit of Greenwich Hospital . . . , and the same shall be carried to the Greenwich Hospital income account.
Words repealed by Statute Law Revision Act 1875 (c. 66)

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Ss. 4, 14, 34, Sch. repealed by Statute Law Revision Act 1875 (c. 66)

35 Transfer of other personal property.
All personal property not in the foregoing provisions specified belonging to the Commissioners of Greenwich Hospital is hereby vested in Her Majesty for the exclusive benefit of Greenwich Hospital.

36 Payment of other income.
All income not in the foregoing provisions specified arising from property held for the benefit of Greenwich Hospital, or otherwise accruing to the Hospital, shall be paid into the Bank of England to the cash account of Her Majesty’s Paymaster General, who shall carry the same to the Greenwich Hospital income account.

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Ss. 27, 28, 37, 46 repealed by Greenwich Hospital Act 1869 (c. 44), Sch.

38 Conversion of stock, &c.
The Admiralty may from time to time, with a view to the execution of any of the purposes of this Act, or to a change of investment, convert into money any Bank annuities, stocks, funds, or securities for the time being held by them for the benefit of Greenwich Hospital, and all such money shall be paid into the Bank of England to the cash account of Her Majesty’s Paymaster General, who shall carry the same to the Greenwich Hospital capital account.

39 Transfers between capital and income accounts.
Her Majesty’s Paymaster General shall from time to time, under the direction of the Admiralty, carry over such sums as circumstances require from the Greenwich Hospital income account to the Greenwich Hospital capital account, and vice versa.

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S. 40 repealed by Greenwich Hospital Act 1967 (c. 74), s. 1(2)

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Ss. 41, 42 repealed with savings by S.I. 1964/488

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S. 43 repealed (E.W.)(S.) by Charities Act 1960 (c. 58), s. 49(2)(b), Sch. 7 Pt. II and (N.I.) by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XV

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S. 44 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. III

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S. 45 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XV

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Ss. 27, 28, 37, 46 repealed by Greenwich Hospital Act 1869 (c. 44), Sch.

Accounts, &c.

47 Audit of accounts of property.
The Secretary of State shall annually prepare and submit to the Commissioners for auditing the Public Accounts accounts of the receipt and expenditure of the capital and of the income derived from the lands and property held for the benefit of Greenwich Hospital; and the Commissioners for auditing the Public Accounts shall audit the same as nearly as may be in like manner as they audit the accounts rendered by the Commissioners of Woods; and in relation to such audit the Admiralty and the Commissioners for auditing the Public Accounts shall respectively have the like powers, as nearly as may be, as the Treasury and the Commissioners for auditing the Public Accounts respectively have in relation to the audit of the accounts rendered by the Commissioners of Woods.
Functions of Commissioner of Woods now exercisable by Crown Estate Commissioners: Forestry (Transfer of Woods) Act 1923 (c. 21), s. 4, S.R. & O. 1924/1370 (Rev. V, p. 443; 1924, p. 228), Crown Estate Act 1956 (c. 73), s. 1 and Crown Estate Act 1961 (c. 55), s. 1(1)
Functions of Commissioners for auditing the Public Accounts now exercisable by Comptroller and Auditor General: Exchequer and Audit Departments Act 1866 (c. 39), s. 5
Words substituted by Armed Forces Act 1981 (c. 55, 7:1), s. 24(1)(2)(b)

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Ss. 9, 21, 48, 50, 51, 57 repealed by Greenwich Hospital Act 1885 (c. 42), Sch. Pt. I

49 Accounts to be laid before Parliament.
The Admiralty shall lay all the several accounts so audited, with the report thereon of the Commissioners for auditing the Public Accounts, before both Houses of Parliament within fourteen days after the completion of the audit for each year, if Parliament is then sitting, and if not, then within fourteen days after the next meeting of Parliament.
Functions of Commissioners for auditing the Public Accounts now exercisable by Comptroller and Auditor General: Exchequer and Audit Departments Act 1866 (c. 39), s. 5

50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 9, 21, 48, 50, 51, 57 repealed by Greenwich Hospital Act 1885 (c. 42), Sch. Pt. I

Miscellaneous

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 11–13, 16–19, 22, 52–56, 58 repealed by S.I. 1964/488

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 9, 21, 48, 50, 51, 57 repealed by Greenwich Hospital Act 1885 (c. 42), Sch. Pt. I

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 11–13, 16–19, 22, 52–56, 58 repealed by S.I. 1964/488

59 Protection of Admiralty.
The Admiralty shall not, by reason of anything done or omitted to be done in the execution or intended execution of this Act, or in relation to any lands vested in the Admiralty by virtue of this Act or purchased by the Admiralty under this Act, be liable collectively or individually to any fine, penalty, or forfeiture, or to the execution of any process against person or property.

60 Publication, &c., of Orders in Council.
Every Order in Council under this Act . . . shall be laid before both Houses of Parliament . . . .
S. 60 amended by Statutory Instruments Act 1946 (c. 36), s. 4(3)
Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XII
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ss. 4, 14, 34, Sch. repealed by Statute Law Revision Act 1875 (c. 66)