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The War Pensions (Mercantile Marine) Scheme 1964
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- 1964 No. 2058
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SCHEDULE 1WAR INJURIES AND WAR RISK INJURIES
1. A war injury is a physical injury—
(a)caused by—
(i)the discharge of any missile (including liquids and gas); or
(ii)the use of any weapon, explosive or other noxious thing; or
(iii)the doing of any other injurious act;
either by the enemy or in combating the enemy or in repelling an imagined attack by the enemy; or
(b)caused by the impact on any person or property of any enemy aircraft, or any aircraft belonging to, or held by any person on behalf of or for the benefit of, Her Majesty or any allied power, or any part of, or anything dropped from, any such aircraft.
2. A war risk injury is a physical injury sustained on or after 3rd September 1939 at sea or in any other tidal water or in the waters of any harbour and attributable to—
(a)the taking of measures with a view to avoiding, preventing or hindering enemy action against ships, or as a precaution in anticipation of enemy action against ships, or for rescue or salvage purposes in consequence of enemy action against ships; or
(b)the absence, by reason of circumstances connected with any war in which Her Majesty may be engaged, of any aid to navigation for ships, or of any warning of danger to ships, being an aid or warning which would be normal in time of peace; or
(c)the carriage, by reason of circumstances connected with any such war as aforesaid, of any cargo in a manner which would be abnormal in time of peace and involves danger to the ship in which the cargo is carried or to her crew; or
(d)the existence on board ship of any other conditions arising out of any such war as aforesaid which would be abnormal in time of peace:
(i)in relation to injuries sustained in the waters of a harbour, the measures specified in subparagraph (a) of this paragraph do not include the prohibition or restriction of lights other than navigational lights; and
(ii) in relation to a salvage worker, or the master or member of a crew of a salvage vessel, the reference in subparagraph (a) of this paragraph to measures taken for salvage purposes shall not apply.
3. For the purposes of paragraph 2 of this Schedule, an injury shall be treated as being attributable to the matters specified in subparagraph (a), subparagraph (b), subparagraph (c) or subparagraph (d) of that paragraph if, but only if, they substantially increased the risk of the peril occuring which caused the injury.
4. In this Schedule—
(a)the expression “navigational light” means
(b)the expression “physical injury”
SCHEDULE 2QUALIFYING INJURIES AND DETENTION COVERED BY THE SCHEME
PART IQUALIFYING INJURIES SUSTAINED, OR DETENTION SUFFERED, BY REASON OF SERVICE AS A MARINER IN A BRITISH SHIP
The cases in which a person who has sustained a qualifying injury, or suffered detention, is to be treated as having sustained the injury, or suffered the detention, by reason of his service as a mariner in a British ship are where the injury, or the capture on which his detention was consequent, as the case may be, occured—
(a)
while he was in the service of a British ship as a mariner;
(b)
in the case of a person normally employed as a mariner, while he was in the service of a seagoing British ship in the British Islands in which he was employed as master or a member of the crew thereof, notwithstanding that he was not employed in seagoing service in the ship;
(c)
while he was at a place outside the British Islands on leave from a British ship in which he was employed as a mariner and which was at a port outside the British Islands;
(d)
while he was at a place outside the British Islands in accordance with arrangements made or approved by or on behalf of the Minister of Transport for having persons available for employment as mariners;
(e)
while he was at any place, except on land in the British Islands, in the course of proceeding to employment in a British ship as a mariner, or to a place to which he was going in accordance with such arrangements as aforesaid;
(f)
without prejudice to the last preceding paragraph, while he was at any place, except as aforesaid, in the course of returning to any part of the British Islands, to the country to which he belonged, or to any other country approved by or on behalf of the Minister of Transport, from employment in a British ship as a mariner, or from a place at which he had been in accordance with such arrangements as aforesaid, and before he first arrived on land in that part of the British Islands or, as the case may be, in that country; or
(g)
while he was waiting at any place outside the British Islands to proceed or return as aforesaid, whether the delay was due to sickness or to any other cause outside his control.
PART IIQUALIFYING INJURIES SUSTAINED, OR DETENTION SUFFERED, BY REASON OF SERVICE AS A MEMBER OF THE PILOTAGE OR LIGHT VESSEL SERVICE
1. The cases in which a pilot or apprentice pilot who has sustained a qualifying injury, or suffered detention, is to be treated as having sustained the injury, or suffered the detention, by reason of his service are where the injury, or the capture on which his detention was consequent, as the case may be, occurred—
(a)at any time during a period while he was on a seagoing ship, if during some part of that period he was acting or was due to act as pilot or apprentice pilot;
(b)while he was on board a pilot boat;
(c)while he was at any place, except on land in the British Islands, while proceeding to or returning from a seagoing ship in which he was due to act, or had acted, as pilot or apprentice pilot or to or from a pilot boat.
2. The cases in which the master or a member of the crew of a pilot boat, lightship, lighthouse tender or lightship tender who has sustained a qualifying injury, or suffered detention, is to be treated as having sustained the injury, or suffered the detention, by reason of his service are where the injury, or the capture on which his detention was consequent, as the case may be, occurred—
(a)while he was in the service of the boat, lightship or tender;
(b)while he was at any place, except on land in the British Islands, in the course of—
(i)proceeding to the boat, lightship or tender for the purpose of being in the service thereof; or
(ii) returning from the boat, lightship or tender after being in the service thereof.
PART IIIQUALIFYING INJURIES SUSTAINED, OR DETENTION SUFFERED, BY REASON OF SERVICE AS A SALVAGE WORKER
The cases in which a salvage worker who has sustained a qualifying injury, or suffered detention, is to be treated as having sustained the injury, or suffered the detention, by reason of his service are where the injury, or the capture on which his detention was consequent, occurred—
(a)
while he was engaged in salvage operations taking place either at sea or in any tidal water or harbour outside the British Islands;
(b)
while he was on leave at a place outside the British Islands during the carrying on of such salvage operations in which he was engaged;
(c)
while he was at any place, except on land in the British Islands, in the course of proceeding to or returning from engagement in such salvage operations;
(d)
while he was waiting at any place outside the British Islands to proceed or return as aforesaid, whether the delay was due to sickness or to any other cause outside his control.
SCHEDULE 3EQUIVALENT NAVAL RANKS OF MEMBERS OF THE MERCHANT NAVY AND THE SEA FISHING SERVICE
For the purposes of this Schedule—
(a)
a British ship (not being a ship to which Table VI, VII or VIII applies) which is a self-propelled salvage vessel shall be treated—
(i)
where her tonnage exceeds 800 tons, as a British ship of a tonnage of 2,501 to 10,000 tons inclusive;
(ii)
where her tonnage is 251 to 800 tons inclusive, as a British ship of a tonnage up to and including 2,500 tons, not being a home trade cargo ship of a tonnage of 1,000 tons or less;
(iii)
where her tonnage is 250 tons or less, as a home trade cargo ship of a tonnage of 501 to 1,000 tons inclusive;
(b)
“certified”, in relation to the service of a person in any grade in a ship, means
(i)
a valid certificate of competency of that grade for that ship; or
(ii)
a valid certificate of competency of a higher grade; or
(iii)
a valid certificate of service which allows the person holding it to go to sea in that grade in that ship:
TABLE I
BRITISH SHIPS OTHER THAN THOSE COVERED BY TABLE II, III, IV, VI, VII OR VIII
| Equivalent naval rank | |||
|---|---|---|---|
| Grade, or grade and circumstances, and qualifications | (1) Ships of a tonnage up to and including 2,500 tons, except home trade cargo ships of a tonnage of 1,000 tons or less | Ships of a tonnage of 2,501 to 10,000 tons inclusive | Ships of a tonnage exceeding 10,000 tons |
| Master | Lieutenant. | Lieutenant-Commander. | Commander. |
| Chief Mate and First Mate | Sub-Lieutenant. | Lieutenant. | Lieutenant-Commander. |
| Second Mate, if certificated | Sub-Lieutenant. | Sub-Lieutenant. | Lieutenant. |
| Second Mate, if not certificated | Warrant Officer. | Warrant Officer. | — |
| Third Mate and any Mate junior to Third Mate, if certificated | Sub-Lieutenant. | Sub-Lieutenant. | Sub-Lieutenant. |
| Third Mate and any Mate junior to Third Mate, if not certificated | Warrant Officer. | Warrant Officer. | Warrant Officer. |
| Apprentice or Cadet | Chief Petty Officer. | Chief Petty Officer. | Chief Petty Officer. |
| Chief Engineer | Lieutenant. | Lieutenant-Commander. | Commander. |
| Second Engineer, if certificated | Sub-Lieutenant. | Lieutenant. | Lieutenant-Commander. |
| Second Engineer, if not certificated | Warrant Officer. | — | — |
| Third Engineer, if certificated | Sub-Lieutenant. | Sub-Lieutenant. | Lieutenant. |
| Third Engineer, if not certificated | Warrant Officer. | Warrant Officer. | Warrant Officer. |
| Fourth Engineer, if certificated | Sub-Lieutenant. | Sub-Lieutenant. | Sub-Lieutenant. |
| Fourth Engineer, if not certificated | Warrant Officer. | Warrant Officer. | Warrant Officer. |
| Junior Engineer, if certificated | Sub-Lieutenant. | Sub-Lieutenant. | Sub-Lieutenant. |
| Junior Engineer, if not certificated | Warrant Officer. | Warrant Officer. | Warrant Officer. |
| Senior Boiler Maker | Warrant Officer. | Warrant Officer. | Warrant Officer. |
| Boiler Maker | Chief Petty Officer. | Chief Petty Officer. | Chief Petty Officer. |
| Plumber | Chief Petty Officer. | Chief Petty Officer. | Chief Petty Officer. |
| Surgeon | Lieutenant. | Lieutenant. | Lieutenant-Commander. |
| Purser | Warrant Officer. | Sub-Lieutenant. | Lieutenant. |
| Assistant Purser | Warrant Officer. | Warrant Officer. | Warrant Officer. |
| Radio Officer, having 3 years' experience or more | Sub-Lieutenant. | Sub-Lieutenant. | Sub-Lieutenant. |
| Radio Officer, having less than 3 years' experience but not less than 1 year's experience. | Warrant Officer. | Warrant Officer. | Warrant Officer. |
| Radio Officer, having less than 1 year's experience | Chief Petty Officer. | Chief Petty Officer. | Chief Petty Officer. |
TABLE II
HOME TRADE CARGO SHIPS OF A TONNAGE OF 1,000 TONS OR LESS
| Equivalent naval rank | ||
|---|---|---|
| Grade, or grade and circumstances, and qualifications | ||
| Ships of a tonnage of 500 tons or less | Ships of a tonnage of 501 to 1,000 tons | |
| Master | (2) Warrant Officer. | Sub-Lieutenant. |
| Mates | Chief Petty Officer. | Warrant Officer. |
| Chief Engineer | (3) Warrant Officer. | (4)Warrant Officer. |
| Other Engineers | Chief Petty Officer. | Warrant Officer. |
| Radio Officer, having 3 years' experience or more. | Sub-Lieutenant. | Sub-Lieutenant. |
| Radio Officer, with less than 3 years' experience but not less than 1 year's experience. | Warrant Officer. | Warrant Officer. |
| Radio Officer, with less than 1 year's experience. | Chief Petty Officer. | Chief Petty Officer. |
TABLE III
FISHING BOATS
| Grade, or grade and circumstances, and qualifications | Equivalent naval rank |
|---|---|
| Skipper | Warrant Officer. |
| Second Hand | Petty Officer. |
| Boatswain or Third Hand | Leading Rating. |
| Engineer | Petty Officer. |
| Radio Officer or Wireless Operator having 1 year's experience or more. | Warrant Officer. |
| Radio Officer or Wireless Operator with less than 1 year's experience. | Chief Petty Officer. |
TABLE IV
CABLE SHIPS
| Grade, or grade and circumstances, and qualifications | Equivalent naval rank |
|---|---|
| Master or Commander | Lieutenant-Commander. |
| Chief Officer | Lieutenant. |
| Second Officer and any Officer junior to Second Officer— | |
| (a) if certificated | Sub-Lieutenant. |
| (b) if not certificated | Warrant Officer. |
| Chief Engineer | Lieutenant. |
| Second Engineer— | |
| (a) if certificated | Lieutenant. |
| (b) if not certificated | Warrant Officer. |
| Third Engineer and any Engineer junior to Third Engineer— | |
| (a) if certificated | Sub-Lieutenant. |
| (b) if not certificated | Warrant Officer. |
| Chief Electrician and Electrician in a cable ship carrying only one Electrician. | Lieutenant. |
| Electrician in a cable ship carrying also a Chief Electrician. | Sub-Lieutenant. |
| Surgeon | Lieutenant. |
| Purser | Warrant Officer. |
| Radio Officer or Wireless Telegraphist— | |
| (a) having 3 years' experience or more | Sub-Lieutenant. |
| (b) having less than 3 years' experience, but not less than 1 year's experience. | Warrant Officer. |
| (c) having less than 1 year's experience | Chief Petty Officer. |
| Cable Foreman | Warrant Officer. |
| Chief Steward | Warrant Officer. |
| Cable Jointer | Chief Petty Officer. |
| Assistant Cable Foreman | Chief Petty Officer. |
| Chief Quartermaster | Petty Officer. |
| Seaman Cable Jointer | Leading Rating. |
| Seaman Cable Hand | A.B. |
| Cable Engine Driver | Leading Rating. |
| Leading Stoker | Leading Rating. |
| Stoker | A.B. |
| Second Cook and Baker | Leading Rating. |
TABLE V
BRITISH SHIPS OF EVERY DESCRIPTION
| Grade, or grade and circumstances | Equivalent naval rank |
|---|---|
| Deck Department | |
| Boatswain (except in a fishing boat) | Chief Petty Officer. |
| Carpenter | |
| Boatswain's Mate | Petty Officer. |
| Carpenter's Mate | |
| Painter | |
| Craneman | |
| Lamp Trimmer | |
| Launchman | Leading Rating. |
| Quartermaster | |
| Storekeeper | |
| Winchman | |
| A.B. | A.B. |
| O.S. | |
| Engineers' Department | |
| Chief Electrician in a ship (other than a cable ship) carrying two or more Electricians. | Sub-Lieutenant. |
| Electrician (all other cases except in a cable ship) | Warrant Officer. |
| Donkeyman | |
| Pumpman | Petty Officer. |
| Storekeeper | |
| Winchman | |
| Greaser | Leading Rating. |
| Fireman | A.B. |
| Trimmer | |
| Catering Department. | |
| Chief Steward in a passenger ship of 10,001 tons or more. | |
| Chief Steward in a passenger ship of 2,501 to 10,000 tons (inclusive) who also acts as purser. | Sub-Lieutenant. |
| Chief Steward in a passenger ship of 2,501 to 10,000 tons (inclusive) where a purser is also carried. | |
| Chief Steward in a home trade passenger ship of 2,500 tons or under. | Warrant Officer. |
| Chief Steward in any other case (except in a cable ship). | Chief Petty Officer. |
| Chief Cook | Chief Petty Officer. |
| Baker | |
| Second Steward | Petty Officer. |
| Ship's Cook | |
| Second Cook | Leading Rating. |
| Storekeeper | |
| Assistant Storekeeper | |
| Second Baker | |
| Assistant Baker | A.B. |
| Assistant Cook | |
| Assistant Steward | |
| Boy Steward |
TABLE VI
ADMIRALTY YARD CRAFT
| Grade, or grade and circumstances | Equivalent naval rank |
|---|---|
| Senior Pilot | Sub-Lieutenant. |
| 1st Class Master | |
| Dredging Master | |
| Dredging Master and Chief Engineer, Suction Dredger | Warrant Officer. |
| 2nd Class Master | |
| Navigator of Suction Dredger | |
| Master of Dredger or Hopper Barge | |
| Mate | Chief Petty Officer. |
| Mate of Dredger or Hopper Barge | |
| 1st Class Engineer | Warrant Officer. |
| 2nd Class Engineer | Chief Petty Officer. |
| 3rd Class Engineer | |
| Chief Stoker | Petty Officer. |
| Wireless Telegraphy Operator | |
| Leading Stoker | Leading Rating. |
| Stoker, 1st Class | |
| Stoker, 2nd Class | |
| Fireman and Stoker (dredging service) | |
| Able Seaman | A.B. |
| Deck-hand (dredging service) | |
| Ordinary Seaman | |
| Boy |
TABLE VII
VESSELS BELONGING TO THE WAR DEPARTMENT
| Grade | Equivalent naval rank |
|---|---|
| Master, 1st or 2nd Class | Warrant Officer. |
| Mate | Chief Petty Officer. |
| Engineer, 1st or 2nd Class | |
| Engineer, 3rd Class | Petty Officer. |
| Chief Stoker | Leading Rating. |
| Stoker, leading or ordinary | |
| Able Seaman | A.B. |
| Ordinary Seaman | |
| Boy |
TABLE VIII
ROYAL AIR FORCE AUXILIARY VESSELS
| Grade | Equivalent naval rank |
|---|---|
| Master | Warrant Officer. |
| Mate | Chief Petty Officer. |
| Engineer | |
| Wireless and Electrical Mechanic | |
| Wireless Operator | Petty Officer. |
| Cook | |
| Leading Deck-hand | |
| Deck-hand | A.B. |
| Stoker | |
| Boy |
SCHEDULE 4EQUIVALENT NAVAL RANKS OF MEMBERS OF THE LIGHT VESSEL SERVICE
In this Schedule “certificated” , in relation to the service of a person in any grade in a tender, means
TABLE I
LIGHTSHIPS
| Grade | Equivalent naval rank |
|---|---|
| Senior Master | Chief Petty Officer. |
| Junior Master | |
| Lamplighter | Leading Rating. |
| Senior Light and For Signal Driver | |
| Junior Light and Fog Signal Driver | |
| Fog Signal Driver | A.B. |
| Seaman |
TABLE II
LIGHTHOUSE TENDERS AND LIGHTSHIP TENDERS
| Grade, or grade and circumstances, and qualifications | Equivalent naval rank |
|---|---|
| Deck Department | |
| Master | Lieutenant. |
| First Officer | Sub-Lieutenant. |
| Second Officer, if certificated | |
| Second Officer, if not certificated | Warrant Officer. |
| Boatswain | |
| Carpenter | Chief Petty Officer. |
| Donkeyman | |
| Coxswain | Leading Rating. |
| Winchman | |
| Seaman | A.B. |
| Seaman Wireless Operator | |
| Engineers' Department | |
| First Engineer | Lieutenant. |
| Second Engineer, if certificated | Sub-Lieutenant. |
| Second Engineer, if not certificated | Warrant Officer. |
| Third Engineer, if certificated | Sub-Lieutenant. |
| Third Engineer, if not certificated | Warrant Officer. |
| Senior Fireman | Leading Rating. |
| Greaser | |
| Fireman | A.B. |
| Coal Trimmer | |
| Catering Department | |
| Chief Steward | Chief Petty Officer. |
| Cook, First Class | Petty Officer. |
| Cook, Second Class | |
| Cook Steward | A.B. |
| Steward | |
| Assistant Steward |
SCHEDULE 5EQUIVALENT NAVAL RANKS OF SALVAGE WORKERS
In this Schedule “certificated” means
(a)in relation to the grade of chief motor engineer, the holding of a first class motor certificate of competency or of a first class combined steam and motor certificate of competency; and
(b)in relation to the grade of motor engineer, the holding of such a certificate as aforesaid or of a second class motor certificate of competency or of a first class steam certificate of competency with second class motor endorsement or of a second class combined steam and motor certificate of competency;
being in either case a certificate issued by the Minister of Transport or any Minister whose functions are exercisable by the Minister of Transport
| Grade, or grade and circumstances, and qualifications | Equivalent naval rank |
|---|---|
| Admiralty Chief Salvage Officers and other Chief Salvage Officers of equivalent responsibilities. | Commander. |
| Other Salvage Officers | Lieutenant. |
| Chief motor engineer— | |
| (a) if certificated | Sub-Lieutenant. |
| (b) if not certificated | Warrant Officer. |
| Motor engineer— | |
| (a) if certificated | Warrant Officer. |
| (b) if not certificated | Chief Petty Officer. |
| Chief diver | Warrant Officer. |
| First class diver | Chief Petty Officer. |
| Ordinary diver | Petty Officer. |
| Foreman rigger | Warrant Officer. |
| Master rigger | Chief Petty Officer. |
| Ordinary rigger | Petty Officer. |
| Shipwright | Chief Petty Officer. |
| Carpenter | Chief Petty Officer. |
SCHEDULE 6
The provisions of the Naval Order shall be modified for the purposes of their application to members of the Merchant Navy in the following respects:—
(i)
Articles 1(17), 1(18), 1(19), 1(21), 1(24), 1(28), 1(32), 1(35), 4, 5, 7, 8(2), 8(3), 28, 70 and 71, Part V, Schedule 5 and Schedule 9 shall be deleted;
(ii)
for the words and phrases set out in column (1) of the following Table there shall be substituted the words and phrases set out in column (2) of that Table;
TABLE
| Words and phrases in Naval Order | Substitution for application to members of the Merchant Navy |
|---|---|
| (1) | (2) |
| Member of the naval forces | Member of the Merchant Navy. |
| Officer | Member of the Merchant Navy who is to be treated for the purposes of this Scheme as holding an equivalent naval rank or status which is that of a commissioned, subordinate or warrant officer of the Royal Navy. |
| Rank | Equivalent naval rank or status as provided in this Scheme. |
| Commencement of service | Material date. |
| Termination of her service (in Article 12(4)) | Material date. |
| Due to service | Directly attributable to a qualifying injury sustained or detention suffered by reason of service as a mariner in a British ship. |
| Material date | Material date as defined in this Scheme. |
| Injury (in Article 6) | Qualifying injury or detention. |
| Due to more than one injury (in Article 9(2)(b)). | Directly attributable, not to a single qualifying injury or period of detention, but to two or more such causes. |
| Injuries (in Article 9(2)(b)) | Causes of the disablement. |
| Payment made during the member's life-time in respect of his service as a member (in Article 26). | Allotment or similar payment made by the member in his lifetime. |
(iii)
any reference to a commissioned officer, warrant officer, rating or other rank shall be construed as a reference to a member of the Merchant Navy who is to be treated for the purposes of this Scheme as holding an equivalent naval rank or status which is that of a commissioned officer, warrant officer or rating, as the case may be, any reference to a specific rank or rating shall be construed as a reference to a member of the Merchant Navy who is to be treated for the purposes of this Scheme as holding an equivalent naval rank or status which is that of that rank or rating, and any reference to retired pay shall be construed as a reference to pension;
(iv)
the references in paragraphs (i) and (ii) of the proviso to Article 9(2) to the date of the termination of service shall be construed as references to the date of the qualifying injury or of the termination of the detention, as the case may be.
(1)
In the case of a home trade passenger ship of under 2,501 tons, of a speed of 15 knots or over, navigating and engineer officers in receipt of “speed money”, also the master, shall be treated as holding the equivalent naval rank which would be appropriate if the ship were of a tonnage of 2,501 to 10,000 tons inclusive.
(2)
If certificated—Sub-Lieutenant.
(3)
If certificated—Sub-Lieutenant.
(4)
If certificated—Sub-Lieutenant.
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