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Article 3 General interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In this Order—

  • “active member” has the same meaning as in the Armed Forces Pension Scheme 2005 (see rule A.1(4) of that Scheme);

  • “the Armed Forces Early Departure Payments Scheme” is to be read in accordance with article 2(1);

  • “the AFPS 1975” means the occupational pension scheme arrangements, other than the AFPS 2005, that are open to members of the armed forces and set out in—

    1. (a)

      Orders in Council made under section 3 of the Naval and Marine Pay and Pensions Act 1865f1,

    2. (b)

      the Army Pensions Warrant 1977f2, and

    3. (c)

      Orders and regulations made under section 2 of the Air Forces (Constitution) Act 1917f3,

    or any instrument amending or replacing any of those instruments;

  • “the AFPS 2005” means the Armed Forces Pension Scheme 2005 established by article 2 of the Armed Forces Pension Scheme Order 2005f4;

  • “calculation service” has the meaning given in article 5;

  • “deferred member” has the same meaning as in the AFPS 2005 (see rule A.1(4) of that Scheme);

  • “final relevant earnings” has the meaning given in article 6;

  • “member”—

    1. (a)

      in relation to the army, does not include a member—

      1. (i)

        of the Royal Irish Regiment (Part Time), or

      2. (ii)

        in the case of a Nepalese person recruited in Nepal, of the Brigade of Gurkhas,

      and references to service, in relation to service as a member of the armed forces, are to be read accordingly;

    2. (b)

      in relation to the AFPS 2005 or the AFPS 1975, means an active member, a deferred member or a pensioner member;

  • “pensioner member” has the same meaning as in the AFPS 2005 (see rule A.1(4) of that Scheme);

  • “relevant service” has the meaning given in article 4;

  • “the Scheme” means the Armed Forces Early Departure Payments Scheme;

  • “the Scheme actuary” means the actuary appointed by the Secretary of State for the time being to provide a consulting service on actuarial matters relevant to the Scheme;

  • “the Scheme medical adviser” means the medical adviser appointed by the Secretary of State for the time being to provide a consulting service on medical matters relevant to the Scheme;

  • “tax year” means a year of assessment for income tax purposes.

Annotations

Footnotes

f1

1865 c. 73.

f2

which is available from Her Majesty’s Stationery Office.

f3

1917 c. 51.

f4

S.I. 2005/438.