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The Naval Medical Compassionate Fund Order 2008

S.I. 2008/3129 · Made 10 December 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of defects in SI 2008/1488 and is being issued free of charge to all known recipients of that Statutory Instrument.

Defence

Made 10th December 2008

Coming into force 11th December 2008

At the Court at Buckingham Palace, the 10th day of December 2008

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Naval Medical Compassionate Fund Act 1915f1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: 

Annotations to the whole text

Footnotes

f1

1915 c.28 (5 & 6 George 5); section 1 was amended by S.I. 1964/488, article 2, Schedule 1, Part 1 and by the Civil Partnership Act 2004 (c.33), Schedule 26, paragraph 8.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Management of the Fund
  4. 4Management of the Fund
  5. 5Management of the Fund
  6. 6Annual General Meeting of the Fund
  7. 7Annual General Meeting of the Fund
  8. 8Investment of the Fund
  9. 9Payments from the Fund
  10. 10Unspent income
  11. 11Eligibility for Fund membership
  12. 12Subscription to the Fund
  13. 13Subscription to the Fund
  14. 14Subscription to the Fund
  15. 15Subscription to the Fund
  16. 16Eligibility for assistance from the Fund
  17. 17Trustee expenses
  18. 18Revocation
  19. Signature
  20. Schedule 1Revocations
  21. Explanatory note

1Citation, commencement and interpretation

This Order shall be cited as the Naval Medical Compassionate Fund Order 2008 and shall come into force on 11th December 2008.

2Citation, commencement and interpretation

In this Order —

  • “the Fund” means the Naval Medical Compassionate Fund; and

  • “the Trustee” means the Royal Navy and Royal Marines Charity, a registered charity with the number 1117794 and a company limited by guarantee registered at Companies House with number 6047294, which is specifically granted the power to act as trustee of charitable trusts.

3Management of the Fund

The Fund shall be vested in the Trustee.

4Management of the Fund

The Trustee shall appoint a committee (to be known as “the Management Committee”), whose purpose shall be to manage the Fund and to advise the Trustee on matters relating to the fund.

5Management of the Fund

The Management Committee shall at all times include at least one person who represents the interests of the Royal Naval Medical Service.

6Annual General Meeting of the Fund

There shall be an Annual General Meeting of the Fund which shall be on a date announced in a Royal Navy Temporary Memorandum which all members of the Fund may attend.

7Annual General Meeting of the Fund

Any annual statements of account prepared in respect of the Fund in accordance with any enactment shall be made accessible to all members of the Fund attending the Annual General Meeting.

8Investment of the Fund

The Fund shall be invested in the name of the Trustee or its nominee in such investments as the Trustee may in its absolute discretion determine as if it were absolutely entitled to the assets of the Fund.

9Payments from the Fund

Subject to the payment of all proper outgoings, the Trustee shall in each calendar year and at meetings to be held in that year on such date or dates as the Trustee shall determine, distribute among the eligible beneficiaries so much of the income of the Fund, including annual subscriptions to the Fund, as the Trustee shall in its own discretion determine.

10Unspent income

Any unspent income shall be added to the capital of the Fund.

11Eligibility for Fund membership

Medical Officers who undertake full time service in the Royal Navy may become members of the Fund, but Officers who have become members of the Fund while on full time service may continue as members after being placed on the Retired or Reserved Lists or after resignation of Commission.

12Subscription to the Fund

Members of the Fund must pay an annual subscription or a life subscription to the Fund.

13Subscription to the Fund

The annual subscription shall be such sum as the Trustee may decide and is payable on the 1st day of January each year to the Trustee or its nominee.

14Subscription to the Fund

A person eligible to become or continue as a member of the Fund may pay to the Trustee or its nominee a life subscription. The amount to be paid for a life subscription shall be such sum as may from time to time be determined by the Trustee.

15Subscription to the Fund

Where a person pays a life subscription in accordance with Article 14, that person shall be a member of the Fund for the remainder of their life.

16Eligibility for assistance from the Fund

At the discretion of the Trustee, the following shall be eligible for financial assistance to be paid from the Fund–

(a)

any orphan, surviving spouse or civil partner of any person who at the time of the making of this Order has contributed to the Fund;

(b)

any orphan, surviving spouse or civil partner of a person who becomes a member of the Fund after that time, provided that–

(i)

the member had before their death paid a life subscription, or

(ii)

at the time of the member’s death their annual subscription was not more than 9 months in arrear.

17Trustee expenses

The Trustee shall be reimbursed out of the income of the Fund for all proper expenses incurred by it in performing its duties.

18Revocation

The Orders specified in Schedule 1 are revoked.

Signature

Judith Simpson

Clerk of the Privy Council

Schedule 1Revocations

OrderReference
Order in Council approving Standing Orders and Regulations for the Government of the Naval Medical Compassionate Fund (1915)1915/769
Order in Council Amending Clause 6 of the Standing Orders and Regulations Approved by Order in Council of July 28th 1915, for the Naval Medical Compassionate Fund1919/884
Naval Medical Compassionate Fund (Amendment) Order 19671967/1484
Naval Medical Compassionate Fund (Amendment) Order 19771977/819
Naval Medical Compassionate Fund (Amendment) Order 19881988/1294
Naval Medical Compassionate Fund (Amendment) Order 19911991/994
Naval Medical Compassionate Fund (Amendment) Order 19951995/1965
Naval Medical Compassionate Fund (Amendment) Order 19961996/3213
Naval Medical Compassionate Fund (Amendment) Order 20052005/3185
Naval Medical Compassionate Fund (Amendment) Order 20082008/1488

Explanatory note

(This note is not part of the Order)

This Order revokes all Orders pursuant to which the Standing Orders and Regulations for the Constitution and Government of the Naval Medical Compassionate Fund were made. It further provides for the Royal Navy and Royal Marines Charity to be appointed as the sole Trustee of the Fund (Article 3) and for the establishment of a Management Committee to manage the Fund (Article 4). It makes provision regarding eligibility for membership of the Fund (Article 11), subscription to the Fund (Articles 12, 13, 14 and 15) and eligibility for financial assistance from the Fund (Article 16).